PART 3 (CHAPTER 1) Flashcards

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1
Q

Author’s rights

A

it protects:
- intellectual works (original creations, artistic or scientific works, etc.)

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2
Q

Related rights

A

it protects:
- performances of artists, producers of phonograms and videograms, and broadcasting organisations

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3
Q

Ownership

A

author’s rights belong to the intellectual creator of the work, unless otherwise expressly provided

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4
Q

Specific Compensation

A

even if the employer owns the rights to the author’s work, the creator can still ask for extra compensation under certain circumstances:
- if the work exceeds the purpose for which it was created
- if the work is used in ways or brings benefits that weren’t covered by the initial payment

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5
Q

Collective Work

A

work done as a group, they all hold the rights

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6
Q

Software and data bases

A

ownership of software and databases under a company belongs to the employer, unless stated otherwise (collective work)

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7
Q

What are the rights granted by author’s rights

A

economic and personal rights

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8
Q

Economic rights

A
  • the author holds exclusive rights to use and enjoy its work as well as authorize its use and enjoyment by third parties
  • the owner can allow: its publication, its reproduction, adaptation, its broadcasting, its translation, etc.
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9
Q

Moral rights

A

to claim authorship of the work and to object to any distortion, destruction, mutilation or any alterations

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10
Q

Exceptions where you don’t need permission to use copyrighted work

A
  • copyrighted work can be used for private purposes or to quote it, as long as you follow the rules set by the law
  • these exceptions called “free uses” shouldn’t interfere with the normal use of the work or harm the author’s rights
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11
Q

Duration of author’s rights

A

Economic rights: lapse 70 years after the death of the author
Moral rights: never lapse
Related rights: 50 years after the performance of an artist

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12
Q

Registration of author’s rights

A
  • obtained automatically
  • registration is advisable to help prove authorship
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13
Q

Collective Management

A

entities that manage author’s rights or related rights on behalf of the author. They issue the licenses and collect the respective fees

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14
Q

Protection Abroad

A

The protection of author’s rights is automatic in all states that are a party to the Berne Convention for the Protection of Literary and Artistic Works

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15
Q

Reciprocal Representation Agreements

A
  • deals made between groups that manage the rights of artists. These agreements are signed between organizations that are part of CISAC
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16
Q

Work protected under copyright

A
  • novels, leaflets, magazines, newspapers and other writings;
  • Conferences, speeches, sermons, etc.;
  • Theatre plays, musical plays and their staging;
  • Choreographies;
  • Musical compositions, with or without words;
  • Films, and television and radio programs;
  • Drawings, tapestry, paintings, sculpture, ceramics, tiles, engravings and lithographs and
    architecture;
  • Photographs; advertising;
  • Industrial designs or models and other designs that constitute artistic creations;
  • maps;
  • slogans
17
Q

Why can copyrights expire?

A

To allow the spread or continuation of knowledge and art form. allowing the public to expand or continue said work.