Module 1 Flashcards
Introduction
1
Q
Is copyright an exclusive right?
A
Yes.
2
Q
What is the monopoly right of intangible good?
A
It’s a kind of granting to generally one person an exclusive decision on who, how and under what circumstances may have use his work.
3
Q
Is it easy to justify monopoly right of intangible good in times of social media?
A
No.
4
Q
What is the appearance of copyright associated with?
A
With the appearance of printing technique.
5
Q
Who should we thank for the appearance of the printing technique?
A
J. Gutenberg.
6
Q
What was the first form of copyright protection?
A
The granting of monopolies and privileges to certain stationers that were the predecessors of today publishers.
7
Q
When was the oldest known privilege granted and to whom?
A
In 1469 in Venice to J. de Spira
8
Q
What did J. de Spira’s privilege consist of?
A
It consisted on being the only person to exploit the printing technique for a number of years in the city of Venice.
9
Q
During the XVI century in which European country did the printing privilege next appear?
A
England.
10
Q
What was the real foundation of the copyright protection regarding those printing privileges?
A
When it became subject to authors authorization.
11
Q
What is the Statute of Anne?
A
The first copyright act.
12
Q
When was the Statute of Anne enacted?
A
In 1710 in England.
13
Q
What did the Statute of Anne provide?
A
- substantive rights and effective procedure for the enforcement of copyright
- that authors has exclusive right to print their work for 14 years after its first publication
- to extend that exclusive right for another 14 years.
14
Q
Compare the Statute of Anne to modern copyright systems in regard of the duration of copyrights.
A
In modern copyright systems the duration of copyrights is almost 70 years after the authors death.
15
Q
When did France introduce copyright legislation?
A
In 1791.
16
Q
When was the general Prussian Code introduced?
A
In 1794.
17
Q
How did the Prussian Code protect authors?
A
It protected them indirectly, by providing that publishers were the only protected if they had the authors authorization.
18
Q
What two large copyright systems were set out?
A
Common law countries (also known as the copyright tradition) and civil law countries (also known as the droit de trout or the continental law tradition).
19
Q
Explain the privilege granted to J. de Spira in 1469.
A
…
20
Q
Explain the nature of the copyright system in three words.
A
Intangibility, non-exclusivity and non-rivalry.
21
Q
With what picture in intangibility associated with?
A
With Archimedes shouting out EUREKA.
22
Q
Explain why is intangibility associated with the picture of Archimedes shouting out EUREKA?
A
…
23
Q
What does the non-exclusivity mean?
A
It means that our invention, design, work, from its very nature is quite impossible to exclude others from using it
24
Q
What does the non-exclusivity implicate?
A
It implicates that without some normative institutions we cannot provide sufficient protections that may give authors right to exclude others from using it and therefore without normative boundaries we simply cannot provide guarantee of investment return.
25
What word describes the true nature of the intellectual property?
The non-exclusivity.
26
Describe the non-rivalry.
It is possible for many users of work to use the same work or the same product at the same time by different persons. Ideas or work are non-rivalries.
27
How did T. Jefferson describe the non-rivalry?
...
28
Are there different justifications on the copyright system?
Yes.
29
With whom is the natural rights theory and labor theory associated with?
With J. Locke.
30
How do the natural rights theory and the labor theory justify the copyright system?
The rights associated with intellectual property are attributed to the creator, because they belong to him in some metaphysical orientated sense. Either because they are regarded as alienating from the creators inalienable personality or to put it more generally, as the fruit of his intellectual labor. Copyright is the positive laws realization of this self-evident ethical precept.
31
How do the natural rights theorists divide?
They divide on the origination that entitles authors to protection. Some explain that work should be protected, because they are the expressions of each particular author or personality. A second version of the natural theory has tended to found itself on labor, drawing on John Locke's idea that a person has a natural rights over a product of their labor.
32
Where is the second version of the natural theory strongly presented?
In the U.S. literature.
33
Describe the critics of natural rights theory of copyright.
....
34
What is the aim of the economic theory and how is it achieved by the legislator?
The aim is to incentivize and reward investment made into creation and innovation. It is achieved by the legislator by guaranteeing the first mover in this role and a legally secured time to the author to recoup his investment made in order to come up with marketing venture or creation.
35
On what are the economic theories based?
On the idea of what is good for society or the public in general.
36
What does the economic theory's incentive argument presuppose?
It presupposes that the production and public dissemination of cultural objects such as books, music, art and films is an important and valuable activity. It also presupposes that all those incorporate protection the production and dissemination of cultural objects would not take place at an optimal level.
37
What is the tragedy of the commons?
The goods that are non-exclusive, non-rivalry tends also to be under investment in the creation and production together with all the use by other members of the society, so- called free rider.
38
How do we also call the tragedy of commons?
The free rider problem.
39
How can the tragedy of commons be avoided?
We need to create an artificial exclusivity that will allow creators to protect their goods to have the investment return.
40
On what justifications do commentators often rely up?
On the instrumental justifications that focus on the fact that intellectual property induces or encourages desirable activities.
41
How is the trademark system justified?
It encourages traders manufacture and sell high quality products. It also encourages them to provide information to the public about the features of those products.
42
On what are instrumental arguments typically premised?
They are premised on the position that without intellectual property protection, there would be underproduction of intellectual products.
43
What does the related economic theory argue on transforming valuable intellectual artifacts into property rights?
That those artifacts are more likely to be exploited to the optimal extent.
44
At which point does the neo-liberal economic theory draw the limit of intellectual property protection?
At the point at which it begins to inhibit efficient users. That is the point at which the cost of transacting with a property holder stands to prevent users to parties would not agree with no such costs.
45
Explain the utilitarian arguments of copyright.
...
46
What is the reward theory?
Copyright protection is granted because we think it is fair to reward an author for the efforts expanded in creating a work and giving it to the public. Copyright is a legal expression of gratitude to an author for doing more than society expects or feels that they are pledged to do.
47
To what is the grant copyright similar in essence?
To the repayment of a debt.
48
What is the difference between the reward theory and the incentive theory?
In reward theory the reward is an end in itself. In incentive theory the reward is a means to an end.
49
What two questions pose critics of the reward theory?
1. Do the circumstances in which a copyright protection is granted really correspond to the circumstances in which people deserve free watts?
2. Why should a person be granted an exclusive right?
50
Who invented the democratic paradigm?
Net Natanel in 1966.
51
How does Natanel define copyright?
Natanel sees copyright as predefining our democratic institutions by promoting public education, self-reliant authorship and robots debate. The democratic paradigm views copyright law as a state measure designed to enhance the independent and thoroughly pluralist character of civil society.
52
On what justifications do common law countries focus?
They are more focused on the utilitarian approach to copyright system.
53
What is section 8 from the United States Constitution?
...
54
On what justifications do countries in continental Europe focus?
On idealistic approach to the copyright system, also called a romantic authorship construction. You're going to find it in Copyright Acts.
55
What is the civil law tradition droits d'auteur of the concept of protection of immaterial goods?
It places emphasis on the reward of intellectual effort of that author. It refers to copyright as authors right in regards to copyright as a personality right, a human rights based right.
56
What is the starting point in the droits d'auteur tradition?
The idea is that creative expression is inherently part of the person and personality of the human being makes that creating a copyright work should be somehow protected.
57
Do both traditions arrive at the same result although their starting points are radically different?
Yes.
58
What Convention was adopted in 1886?
The first International Convention regarding copyright law.
59
What was historically copyright used for?
It was used as a powerful legal tool to encourage the building of cultural industries.
60
With what is copyright protection closely associated?
With the economic and cultural growth of the nation in the developing world.
61
What is the Bern Convention?
It is also the oldest multilateral copyright convention. It establishes an union for the protection of the rights of authors.
62
What does the Bern Convention provide?
It provides that the personal connection of the author with union country by nationality or a bit to other residence order first publication of a work of an union country secures protection for work in that country.
63
To what extent does the Bern Convention provide protection?
It extends the protection to all contracting states by obliging them to grant national treatment.
64
What kind of protection does the Bern Convention provide?
Minimum level of protection.
65
When and where was the Bern Convention revised?
In Paris, Berlin, Rome, Brussels and again in Paris in 1971.
66
How many states were parties of the Bern Convention on the 1st September 2009?
164.
67
What does the automatic grant of copyright allow?
It allows authors and cultural industries who exploit their works to operate globally and to do so on a level playing field.
68
What metaphors did Alexandra George made on what IP actually means?
...
69
How did Andrey Knopf explain property rights?
...
70
Does the copyright still apply irrespectively of the fact that the book is a physical object?
Yes.
71
Are there similarities between the property rights and copyrights?
Yes.
72
Explain the similarities between property rights and copyrights?
...
73
What is the limitation between property rights and copyrights?
Property rights are limited to the physical object and its existence.
74
What is the distinction between the property rights and copyrights regarding the moral rights system?
Copyright system provides us not only economic rights that protect financial interests of the rights holder, just like in property rights but also the moral rights of the authors that implicate very new or sometimes the very complicated system of protection.
75
Was the moral right system from the beginning a common element for all countries?
No.
76
Explain the English case Donaldson v. Beckett 1774.
...
77
Do I and human rights have the same aim in XXth century?
Yes.
78
Which multilateral human rights agreements contain intellectual property?
- Universal Declaration of Human Rights 1948
- International Covenant on Economic, Social and Cultural Rights 1966
- Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms 1950, 1952
- Charter of Fundamental Rights of the EU 2000
79
What is the first school of thoughts on the relationship between IPR and human rights?
The first school maintains human rights in IPR perceived as to protect the individual economic interest and in the fundamental conflict since the long strong legal protection of the IPR is considered to be incompatible with human rights obligations in order to overcome intention between those two, it is suggested that human rights always prevail the IPR.
80
What is the second school of thoughts on the relationship between IPR and human rights?
The second school holds that human rights and IPRs pursue the same aim, meaning, defining the appropriate scope of the private monopoly power to create incentives for authors and inventors and on the order at the same time ensuring the adequate access of the intellectual products to the public.
81
What is article 27. of the Declaration of Human Rights from 1948?
...
82
What is article 15. of the International Convention on Economic, Social and Cultural Rights from 1966.?
...
83
What is article 19. of the International Convention on Civil and Political Rights from 1976.?
...
84
What is article 1. of the protocols of the Convention for the Protection of Human Rights and Fundamental Freedoms from 1950-1952.?
...
85
What is article 17 point 2 of the Charter of Fundamental Rights of the EU from 2000.?
...
86
What important reference can be found in the solemn declaration by the Bern Convention Member States in 1986.?
Copyright is based on human rights and justice.
87
What are the categories of IPR?
- copyright pertaining to literary, artistic and scientific work, also for a later flight system accorded to performing arts, producers of monograms and broadcasting organizations, also known as neighboring rights.
- patents granted for inventions, industrial designs, utility models, new plant varieties, geographical indications.
88
Is the number of IPR final?
No.
89
What do trademarks have to be?
Distinctive in the sense that they identify and distinguish goods or services originating from one commercial source from originating from on the other.
90
What is prohibited under the Bern Convention?
To make copyright protection dependent on formalities.
91
How can the boundary lines of the intangible property to be determined?
The law should grant property rights over intangibles.
92
Who opposes stronger intellectual property protection?
Representatives of the developing world consumers, end users of IP, defenders of free speech, classical liberal economic theorists, competition lawyers, post modern theorists, some religious groups, ecologists.
