Study Unit 2.1 - Basics of copyright protection Flashcards
What is the definition of copyright ?
- A bundle of exclusive rights over specified categories of works which meet specific prerequisites.
- These are rights which the law grants to the author of the work and it also has aspects that deal with limitations and exceptions to those exclusive rights as they are not absolute.
What are the requirements for copyright protection ?
- There must be a work that is authored by someone.
- It must be original.
- It must be fixed in a material form.
What are the key international instruments relevant to copyright include ?
- The Berne Convention.
- The WIPO Copyright Treaty (or WCT).
- The Agreement relating to trade-related aspects of intellectual property (TRIPS Agreement).
Discuss the ‘notion of work’.
- Copyright law only grants exclusive rights with respect to certain specified types of work.
- Outside those specified categories, no others subject matter is eligible for copyright protection.
What are the different types of
‘work’ ?
- Literary.
- Artistic work.
- Cinematograph film.
- Musical work.
- Sound recording.
- Broadcast.
- Computer program.
- Published Edition.
Discuss literary ‘works’.
- The definition uses the expression, “includes” suggesting that subject matter not listed in the definition contained in the Act may yet be classified as a literary work or otherwise.
- Literary works qualify for protection irrespective of literary quality or merits.
Discuss musical ‘work’.
Work means a work consisting of music, exclusive of any words or actioned intended to be sung, spoken or performed with the music (the beat/track).
The definition uses the expression “means”, which suggest ?
Musical ‘work’.
- An exhaustive meaning unlike literary works that uses the word, “includes” suggesting an inexhaustive list.
- For musical works, it is the actual music or melody performed by means of musical instruments that is protected.
Discuss artistic ‘work’.
- Paintings, sculptures, drawings, engravings and photographs.
- Works of architecture, being either buildings or models of buildings.
- Works of artistic craftsmanship not falling in above mentioned.
Discuss cinematograph film.
A “cinematograph film” is any recording of moving images and sound on film or other materials. It’s what you see in movies and videos. However, it doesn’t include computer programs.
Is it limited to movies ?
Cinematograph film.
According to the Nintendo case, by virtue of the stated criteria, cinematograph films are not limited to movies but would include things like video games, music videos, documentary films, YouTube videos, TikTok videos, meme videos, etc.
Discuss sound recording.
Sound recording means any fixation or storage of sounds, or data or signals representing sounds, capable of being reproduced, but does not include a sound-track associated with a cinematograph.
Discuss broadcast.
- As a noun, “broadcast” means a tele- communication service that transmits sounds, images, signs, or signals through electromagnetic waves (less than 3000 GHz) through the air.
- It’s meant to be received by the public or specific groups, including sending signals to satellites.
Discuss computer programs.
Means a set of instructions fixed or stored in any manner and which, when used directly or indirectly in a computer, directs its operation to bring about a result.
Are computer games computer programs ?
Computer programs.
- The answer at face value appears to be yes, as it allows a player to interact with a virtual environment which produces a ‘result’ as required by the definition.
- However, this may conflict with the Golden China case, which held that video games are cinematographic works.
- It may be the case that they fall within the ambit of both definitions/categories.
