Part 1: Copyrights Flashcards
Berne convention principles
- Gives the minimal rules of protection
- National treatment (whatever the nationality of an author, in any given country, he’ll have the same rights as any national author)
- No particular formalism according to nationality
TRIPS agreement purpose
It aims at harmonising the relations between authors and traders
TRIPS agreement principles
- Gives minimal rules of protection
- National treatment (whatever the nationality of an author, in any given country, he’ll have the same rights as any national author)
- most favoured country ( if a state confers more advantageous rights, they’ll apply to all other countries)
- In case of dissent between two states on one of TRIPS agreement, the WTO decides
Conditions of protection for Copyrights
- Originality
* Shaping of the creation (an idea cannot be protected until it’s shaped)
Proof : forms of evidence for Copyrights
- Register letter to oneself
- i-depot
- Registration by a collective management society
- Notorial act
- Tax deposit
Right holders for a creation of indivisible collaboration
Any exploitation requires the agreement of all the authors
Right holders for a creation of divisible collaboration
Every author can exploit his own part if :
- they don’t integrate it into another creation of collaboration
- they don’t damage the interests of the common creation
Right holders for an anonymous creation or under pen names
Ask the publisher for authorisation
Right holders for a posthumous creation
The rightholders must be asked for authorisation
Duration of protection (in general) for Copyrights
70 years after the author’s death (or the last author for an indivisible collaboration)
Duration of protection for anonymous and under pen name creations
70 years from the publication
Duration of protection for a posthumous creation
25 years from the publication
Patrimonial rights : Exploitation rights principle
Before exploiting a creation its always necessary to ask for the author’s/rightholder’s authorisation (otherwise they can claim 300% of the normal price)
Exploitation rights (7)
Right to : • reproduce to the public • communicate to the public • adapt • translate • rent • lend • derived rights
Exceptions in the patrimonial rights
- Private communication in the family circle
- Private copy in the family circle
- Exception of education (provided that it’s in the school domain and the author’s name is mention)
- Quotation is a literary creation
- parody, caricature
Moral rights
- Right of paternity (author can imposed that their name is mentioned)
- Right of disclosure
- Right of integrity
Collective management society roles
- Collect payment for copyright
* Distribute them between their members
Collective management society advantages
- More weight in négociation
- Can collect the rights to communicate to the public on radios/TV
- Can affect the right to broadcast to the public on radios/TV
- Can affect remuneration to the authors
Collective management society flaws
- They take a big pourcentage
* The author loses the management of authorisation
Transfer of copyright rules (ATTENTION TUYAU EXAM)
- Any transferred right has to be written
- In case of doubt on the interpretation of a right transfer clause, the clause is void
- It’s necessary to mention the transferred right, the support, the duration, the territory and the remuneration
- possible to transfer rights on future creations
- not possible to transfer rights on exploitation mode that are unknown on the day of the contract
When do imperative rules not apply? (In a right transfer)
- Work contract (employer has all right if the employee is commissioned and the right transfer is mentioned in the contract)
- Ordering contract (the author can transfer all rights if the order is precise m, the right transfer’s close is in the contract and the customer don’t work in the cultural environment)
Specific Rules : Graphic work
2 obligations in case of a sale :
• the author cannot make identical copies of the creation except if the buyer agrees
• the buyer can only communicate it deprived of a title in their family circle
Specific Rules : Portraits
Neither the author or owner can reproduce it and communicate it to the public without the authorisation of the represented person until 20 years after that person’s death
Specific Rules : audiovisual creations
Are considered as author : • The producer • The director • The scriptwriter • The composer of the original soundtrack • The author of the motion picture
