Part 1: Copyrights

Question 1

Berne convention principles

Answer 1

• 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

Question 2

TRIPS agreement purpose

Answer 2

It aims at harmonising the relations between authors and traders

Question 3

TRIPS agreement principles

Answer 3

• 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

Question 4

Conditions of protection for Copyrights

Answer 4

• Originality

* Shaping of the creation (an idea cannot be protected until it’s shaped)

Question 5

Proof : forms of evidence for Copyrights

Answer 5

• Register letter to oneself
• i-depot
• Registration by a collective management society
• Notorial act
• Tax deposit

Question 6

Right holders for a creation of indivisible collaboration

Answer 6

Any exploitation requires the agreement of all the authors

Question 7

Right holders for a creation of divisible collaboration

Answer 7

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

Question 8

Right holders for an anonymous creation or under pen names

Answer 8

Ask the publisher for authorisation

Question 9

Right holders for a posthumous creation

Answer 9

The rightholders must be asked for authorisation

Question 10

Duration of protection (in general) for Copyrights

Answer 10

70 years after the author’s death (or the last author for an indivisible collaboration)

Question 11

Duration of protection for anonymous and under pen name creations

Answer 11

70 years from the publication

Question 12

Duration of protection for a posthumous creation

Answer 12

25 years from the publication

Question 13

Patrimonial rights : Exploitation rights principle

Answer 13

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)

Question 14

Exploitation rights (7)

Answer 14

Right to : 
• reproduce to the public 
• communicate to the public 
• adapt
• translate 
• rent 
• lend 
• derived rights

Question 15

Exceptions in the patrimonial rights

Answer 15

• 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

Question 16

Moral rights

Answer 16

• Right of paternity (author can imposed that their name is mentioned)
• Right of disclosure
• Right of integrity

Question 17

Collective management society roles

Answer 17

• Collect payment for copyright

* Distribute them between their members

Question 18

Collective management society advantages

Answer 18

• 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

Question 19

Collective management society flaws

Answer 19

• They take a big pourcentage

* The author loses the management of authorisation

Question 20

Transfer of copyright rules (ATTENTION TUYAU EXAM)

Answer 20

• 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

Question 21

When do imperative rules not apply? (In a right transfer)

Answer 21

• 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)

Question 22

Specific Rules : Graphic work

Answer 22

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

Question 23

Specific Rules : Portraits

Answer 23

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

Question 24

Specific Rules : audiovisual creations

Answer 24

Are considered as author : 
• The producer 
• The director 
• The scriptwriter 
• The composer of the original soundtrack 
• The author of the motion picture

Question 25

Specific Rules : Remakes

Answer 25

Are considered authors :
• the authors of the remake
• the author of the initial creation unless they’ve been death for more than 70 years

Question 26

Specific Rules : Moral right of disclosure for audiovisual work

Answer 26

Only the producer and director have the moral right of disclosure

Question 27

Specific Rules : Rights of the producer on an audiovisual creation

Answer 27

The producer of an audiovisual creation is considered as transferee of the rights