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law&ethics > topic 8: Copyrights > Flashcards

topic 8: Copyrights Flashcards

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1
Q

Intellectual property (IP)

A
  • copyrighted and related rights
  • trade marks
  • geographical indications
  • industrial designs
  • patents
  • layout-designs of integrated circuits
  • protection of undisclosed information
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2
Q

What is an example of the overlap of IP rights (1)?

A

when the logo of a business is a trade mark, but this logo can also be a copyright work

because logos are artistic work

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3
Q

What is an example of the overlap of IP rights (2)?

A

a jingle/tune is a copyright work (musical work), but it can also be used by a trader as his trade mark to promote his business

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4
Q

What is the difference between a copyright and trade mark?

A

definitions :

  1. copyright - the exclusive and assignable LEGAL RIGHT, given to the originator for a fixed number of years
  2. trade mark - a symbol, word/words that are LEGALLY REGISTERED or ESTABLISHED by use as REPRESENTING a company/product

difference : copyrights protect creative works while trade marks apply to brand names/phrases/logos

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5
Q

Intangible IP vs Tangible medium embodying the IP

A
  • a distinction must be made between the two
  • tangible assets are physical items owned by a company, such as equipment, buildings, and inventory.
    (tangible assets are the main type of asset that companies use to produce their products and services)
  • intangible assets are nonphysical items that have a monetary value because they represent potential revenue.
    (intangible assets include patents, copyrights, and a company’s brand)

Example : a copyright is a novel (Intangible IP, literary work) and it must be distinguished from the book (Tangible medium)

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6
Q

Justifications for protecting IP

A

The justifications are grouped into 2 categories

  1. Utilitarian-based arguments
  2. Morality-based arguments
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7
Q

UTILITARIAN-BASED ARGUMENTS

A
  • IP rights allow a person to exploit his IP : Recoup (regain) the investment in terms of the effort, time and/or financial resources expended in creating the IP
  • the most ethical choice is the one that will produce the greatest good for the greatest number (if more people, are happy the decision is good)
  • Protection of IP :
    1. increases the pool of creative works with new creations
    2. improves the quality of life
    3. provides employment and otherwise contributing to economic growth
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8
Q

MORALITY-BASED ARGUMENTS

A
  • focuses on the individual’s natural rights over his creation
  • moral rights is the right to be identified with his work and his right to object to distortion or mutilation of his work
    (right of paternity and integrity)
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9
Q

Copyright law (1)

A
  • copyrights should only last for a limited period –> for the benefit of the society
  • it is given as an incentive for the creation of copyright works
    ** when the copyright has expired, these works fall into the public domain**
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10
Q

9 categories of copyright works

A

AUTHOR WORKS
- literary works
- dramatic works
- musical works
- artistic works

ENTREPRENEURIAL WORKS
- sound recording
- cinematography films
- television/sound broadcasts
- cable programs
- published editions of works

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11
Q

Literary works (Author’s works)

A
  • protects the original works of authorship
  • it is undesirable to confer copyright protection on what are essentially the basic building blocks in a language
  • de minimis : the court does not care for small things, trivial matters
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12
Q

Dramatic work (Author’s works)

A
  • choreographic show/other dumb show if described in writing in the form in which the show is to be presented

What defines dramatic work?
- the element of performance
- the presence of a plot/theme which unifies the dance steps, gestures, movements or words

What does NOT define dramatic work?
- acting styles, scenic effects
(anything taken apart from the text of the play)

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13
Q

Musical work (Author’s works)

A
  • there are 2 distinct types of copyright subject-matter in a song

1) the tune : musical work
2) the lyrics : literary work

  • 2 licenses are required to perform the song in public ; one for the literary work and another for the musical work :

because they are both owned by different parties

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14
Q

Artistic work (Author’s works)

A

What defines artistic work?

  1. a painting, sculpture, drawing, engraving or photograph (whether the work is of artistic quality or not)
  2. a building/model of a building (whether the work is of artistic quality or not)
  3. a work of artistic craftmanship to which 1. nor 2. applies. it must posses some artistic quality
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15
Q

Sound recording (Entrepreneurial work)

A
  • separate and distinct category of copyright work
  • the 3 copyright subject matters are : musical work (tune), literary work (lyrics), sound recording
  • the recording of a song is usually made by another party :
    the party/the maker is defined as the person who owned the record at the time the first record embodying the sound recording was produced
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16
Q

rights when sound recordings are broadcasted/publicly performed

A
  1. sound recording companies have a new right to collect license fees
  2. businesses will have to obtain a license for the public performance of sound recordings before playing it in a physical venue
    + including the public performance for the underlying music (composition and lyrics) in the sound recording
  3. 2) does not apply for CERTAIN circumstances :
  • public performance is carried out by receiving a broadcast (e.g. playing music through the radio)
  • public performance of the sound recording constitutes fair use
  • sound recording is performed by students/staff of an educational institution for the institution’s activities. audience is limited to those DIRECTLY connected with the institute
17
Q

Cinematography film (Entrepreneurial work)

A

What defines cinematography film?

The aggregate of visual images embodied in an ARTICLE or THING so as to be capable by the use of them
1. being shown as a MOVING PICTURE
2. being EMBODIED IN ANOTHER ARTICLE or thing by the use of which it can be shown

INCLUDES sounds embodied in a soundtrack associated with those visual images

18
Q

Deterring people from profiting off products or services that stream audio-visual content from unauthorized sources (Cinematography film)

A
  1. owners may sue anyone who knowingly engages in commercial dealings with
    - devices (set-top boxes etc)
    - software applications
    - services that have a limited/no commercially significant purpose /use besides facilitating access to copyright infringing works

prohibited acts : commercial dealings in these devices (^^) by selling, offering, exposing for sale BY :
- way of trade
- distributing for the purpose of trade
- exhibiting in public (by way of trade)
- offering such services in exchange for payment

19
Q

Protection criteria (Author’s work)

A

protection criteria for literary, dramatic, musical, artistic work before copyright :

  1. the author must be ‘connected’ with Singapore in some relevant way (Connecting Factors)
  2. the work must exist in some material form (Reduction to material form)
  3. the work must be original (Originality)
20
Q

Connecting Factors (Author’s work)

A
  1. an Unpublished author’s work satisfies as a ‘connecting factor’ requirement IF AT THE TIME THE WORK WAS MADE, the author was a citizen/resident of Singapore/another country which is a member of the Berne Union/WTO

Published author’s work satisfies the ‘connecting factor’ requirement when :

  • the first publication of the work took place in Singapore/member of Berne Union or WTO
  • at the time the work was FIRST PUBLISHED/of the author’s death, and the author was a citizen/resident of SG/another country which is a member of Berne Union or WTO
21
Q

Reduction to material form (Author’s work)

A
  • literary, dramatic, musical work is reduced to ‘writing’, that is represented in words, figures or symbols in a visible form

Only in the following circumstances:
- embodied in a sound recording
- stored in a computer, or any medium by electronic means. or any other medium from which the work (or most of it) can be directly reproduced from.

22
Q

Originality (Author’s work)

A

What is required for the work to be considered original?
1) it relates to the form in which the work is expressed. copyright is about PROTECTING EXPRESSIONS and not ideas

principle of copyright :
- copyright protection is limited to the expression of a work and does not extend to the idea underlying the expression
- reason : copyright does not protect ideas or facts to allow them to remain in the public domain, so that more works can be created based on the same ideas/facts
- the pool of copyrights can increase for the enjoyment and benefit of society

2) simplicity does not prevent a work from acquiring copyright

3) the expression of the work is original if the author has created it and NOT COPIED it from another

4) the case where the author makes use of an existing source material to create their own work. the result of that work is original IF the author has expended SUFFICIENT SKILL, LABOUR, JUDGEMENT in creating it + there is some element of material alteration to the point that the whole result is different from the source material

5) the fact that a derivative work infringes the copyright in the source material, it has no impact on the question of whether the work is original or not

6) for cases involving fact-based works, the inquiry for originality is focused on whether there is SUFFICIENT skill, labor and judgement involved in the selection and arrangement of the facts

23
Q

Who owns the copyright of content?

A

Content creators are the default copyright owners, including all types of commissioned content

24
Q

Do i have identify the creators & performers when i used their work publicly?

A

Yes

  • anyone who uses author’s works or a performance in public (depends on work of performance, sharing it online, publishing it, including it in corporate collaterals) must identify its creator/performer

Exceptions
1) where the author/performer is not known
2) when the work/performance is to be used for exempted purposes (eg examinations)
3) when using exempted materials like computer programs

25
Q

Duration of protection (Author’s work)

A
  • the general rule is that ‘ life 70 years+’ applies to literary, dramatic and musical works :

in this case where the work has not been disclosed to the public before the death of the author. the copyright lasts for 70 YEARS after the first publication of this work.

  • the general rule is that the ‘life 70 years+’ formula applies to artistic works (other than photographs and engravings) :
  • in the case where an engraving has not been published before the death of the author, copyright lasts for 70 YEARS of the first publication of this work
  • in the case of a photograph, copyright also lasts for 70 YEARS after the first publication of the photograph
  • authorial works and films

published more than or within 50 years after making the work (whether it was made available to the public or not within those 50 years) : 70 years after making the work

26
Q

Duration of protection (Entrepreneurial work)

A
  • sound recording and cinematography film copyright lasts for 70 YEARS from the first publication of the work
  • sound recordings

unpublished : 70 years after the making of the sound recording

published more than or within 50 years after the making of the sound recording : 70 years after the first publication of the sound recording

  • published editions of works copyright lasts for 25 YEARS from the first publication of the edition
27
Q

What happens if someone infringes copyrighted work?

A

1) civil proceedings : the copyright owner can sue for damages, or for any profits made as a result of the infringement. the copyright owner can also request the court for an order to stop the infringer from further violating the copyright

2) criminal charges : if found guilty of MAKING COPIES of infringing works for sale, or selling such infringing works. an infringer can be fined up to $10k per infringing copy up to $100k, or up to 5 years of jail (or both fined and jail)

28
Q

general “fair use” exception

A
  • the 5th factor will be removed; its no longer mandatory for the courts to consider, in every situation, whether there is the possibility of obtaining a work within a reasonable time at an ordinary commercial price. IT IS ONLY TAKEN INTO ACCOUNT WHERE RELEVANT
  • the exceptions incorporates the other existing specific fair dealing exceptions which are : reporting news, criticism/review, research/study

^^ if you are a user/creator who wants to build on existing works you can rely on this exception only when your intended use doesn’t fall under other specific permitted uses

29
Q

New exception for educational uses by non-profit schools

A
  • materials are considered free to access if they are generally accessible using the internet by the public, free of charge at the time of access

materials that do not qualify for this exception are :
1. for a limited period that cannot be renewed or extended
2. under a paid subscription, whether or not the user paid for it
3. by circumventing an access control measure in circumstances that constitute infringement

30
Q

New exception for uses of works for computational data analysis

A
  • the user cannot share copies of the works with others EXCEPT for verifying the results of the computational data analysis/collaborative research or study relating to the purpose of such analysis :
  1. user must not use copies of the works made under this exception for any other purpose
  2. must have lawful access to the works to be copied
  3. the work from which copies are made must not itself be an infringing copy (unless it is necessary for a prescribed analysis)

IF IT IS AN INFRINGING COPY:
- user must not know that it is
- if the copy was obtained from flagrantly infringing online location, the user must not know that

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