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Copyright > Module 5 > Flashcards

Module 5 Flashcards

Authorship

1
Q

What is the meaning of authorship in copyright law?

A

The fact of being an author- the creator of the work.

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2
Q

On what vary legal consequences of the authorship?

A

They vary depending on whether the model is the civil law system of authors rights or common law.

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3
Q

What do exclusive rights allow the author to do?

A

To control and benefit from the reproduction and communication to the public of their works.

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4
Q

What does the tradition of common law copyright do?

A

It places the emphasis on the economic exploitation of a work and is therefore sometimes seen as favouring entrepreneurs. It also often extends copyright protection to phonogram producers and broadcasters.

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5
Q

What does the civil law tradition prioritize?

A

Rewarding the intellectual effort of the author.

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6
Q

How does the civil law regard copyright?

A

As a personality right, a human rights based right.

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7
Q

What does the civil law provide regarding copyright?

A

It provides a more broader scope of moral rights for authors.

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8
Q

Does the Berne Convention provide a specific explanation of the notion of authorship?

A

No.

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9
Q

What is the meta juridical and natural notion of an author?

A

The author is a person who invests the necessary element of creativity in the creation of the work at issue. The author of it literary, artistic or scientific work is the natural person who created it.

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10
Q

Who can be an author according to the Berne Convention?

A

Only a natural person.

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11
Q

Can corporate bodies hold copyright?

A

Yes.

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12
Q

On what basis can corporate bodies hold copyright?

A

More on the basis of ownership than authorship.

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13
Q

What is assumed under the British copyright designs and patents act?

A

It is assumed that corporate bodies can be offers within the meaning of UK law.

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14
Q

Who can create work under copyright law?

A

Human.

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15
Q

Against whom did PETA file a lawsuit acting on the monkeys behalf (next friend)?

A

David Slater.

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16
Q

What does the term next friend in common law mean?

A

It refers to a person representing another person that is unable to act in a lawsuit because of disability or other reasons.

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17
Q

What did the court held in the case PETA vs. David Slater?

A

The court found that the monkey could not only be the subject of copyright but was not even capable of bringing an action in a court of law.

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18
Q

What is the issue with computer programs today?

A

There are computer program available that generate creations by acting as humans.

19
Q

What is the artificial intelligence?

A

Work generated by computer programs.

20
Q

Who is the author under the UK law in the case of literary, dramatic, musical or artistic work which a computer generated?

A

The person by whom the arrangements necessary for the creation of the work are undertaken.

21
Q

What is computer generated work under CDPA?

A

The work generated by computer in circumstances that there is no human author of the work.

22
Q

Are non human creations in civil law eligible from protection?

A

No.

23
Q

Are financial and organizational contributors authors and how are they often called?

A

No. Producers.

24
Q

What is the major difference between civil and common law in regard of producers?

A

In common law the producer is sometimes regarded as an author.

25
Q

What is joint authorship?

A

When works are created or modified by two or more people.

26
Q

Does every form of cooperation lead to the creation of work of joint authorship?

A

No.

27
Q

Which three factors are taken into account when distinguishing joint authorship from other forms of cooperation?

A
  1. The nature of the collaboration
  2. The properties of the contribution made
  3. The degree to which different contributions are integrated.
28
Q

What is the criteria of the collaboration factor?

A

It varies from country to country. If the authors work simultaneously and both affect the form and content of the work they are definitely collaborating. In some countries coordinated action based on a common plan is also sufficient for joint authorship.

29
Q

What did the court held in the case of Edward B. Marks vs. Jerry Vogel?

A

The court stated that two men producing a musical composition jointly are nonetheless co-authors and owners through their labour at different times without conference or consultation. And though they may remain strangers to each other.

30
Q

Is it necessary that the creators work in physical propinquity at the same time?

A

No.

31
Q

Is a remake of someone’s finished work joint authorship?

A

No.

32
Q

What is the second factor that is taken into account when identifying works of joint authorship?

A

The contribution made by an individual to a work.

33
Q

What has the contribution to be like?

A

It should be a creative, original contribution to the form or content of the work.

34
Q

Could a non creative contribution lead to joint authorship?

A

No.

35
Q

Are people who merrily assist other people in creating works joint authors?

A

No.

36
Q

Is a person whose only contribution is an idea considered to be a joint author?

A

No.

37
Q

For what is directly responsible a joint author in UK copyright law?

A

A joint author is directly responsible for the form of expression and his work must be as significant and original as in the case of work of single authorship.

38
Q

What is the last factor that is taken into account when establishing joint authorship?

A

The degree of integration.

39
Q

Do national approaches differ in the matter of degree of integration?

A

Yes.

40
Q

When is work deemed to be of joint authorship according to CDPA?

A

Work is deemed to be of joint authorship when the contribution of each author is not distinct from that of the other author or authors.

41
Q

Does the degree of integration matter in French intellectual property law?

A

No.

42
Q

How many types of joint authorship does the Polish law provide with different degrees of integration?

A

Two.

43
Q

Is it possible for certain types of works to contain creative inputs from multiple authors and yet are not deemed works of joint authorship?

A

Yes.

44
Q

Give an example for the situation when certain types of works to contain creative inputs from multiple authors and yet are not deemed works of joint authorship.

A

…

Copyright (11 decks)

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