Week 1 Flashcards
Copyright Law: Introduction. Nature and function of copyright law. Justification for monopoly rights. Concept of protection over immaterial goods. Copyright within general framework of intellectual property rights. Copyright as exclusive, transferable rights and as a moral rights protection.
What is copyright?
A bundle of exclusive legal rights concerned with the protection of literary and artistic works
What is the aim of copyright?
To promote science, culture and the arts.
How can the aim of copyright be fulfilled?
This can be done by rewarding the creators of such works by granting them some rights and at the same time striking a three-way balance between these rights, those of entrepreneurs and the interest of the public.
What is central to the Berne Convention?
The role of the author as the creator of the work.
What do the exclusive rights allow to the author?
They allow the author to control, and to benefit from, the reproduction and the communication to the public of their works. They allow also the author to control the authenticity of the work that is released as being his.
What is article 2 of the Berne Convention?
2
Explain what does the expression ‘‘literary and artistic works’’ include.
1
Are technology based works also protected under the Berne Convention?
Yes.
Is there a de minimis requirement for copyright works?
Yes.
What does fixation do?
It facilitates the exact identification of what the work is, which helps to overcome the burden of proof in infringement proceedings.
Are technology based works also protected under the Berne Convention?
Yes.
What copyright protects?
Work represents the expression of thoughts and ideas.
Are ideas and thoughts as such protected?
No.
What is copyright protection like in nature?
Territorial.
What means that copyright protection is territorial?
That means that a work will only attract copyright protection if it meets the legal requirements of the copyright law of the country where protection is sought.
How can copyright be transferred to others?
On a territorial basis.
To what is history of copyright closely linked to?
To technological development.
When did copyright became economically significant?
When cheap multiple copies of literary works could be made.
To what is the appearance of copyright linked to?
To the appearance of the printing technique.
What were the first forms of copyright protection?
The granting of monopolies and privileges to certain stationers (predecessors of publishers).
When and where was granted the oldest known privilege?
In Venice in 1496.
To whom was granted the oldest known privilege?
To Joannis de Spira.
In what century did privileges appear in other European countries and with what were they concerned?
In the 16th century. They were essentially concerning an exclusive publication right for certain works, or an exclusive right to reprint in cases where first publication of a work was not subject to monopoly, or an exclusive right of importation.
What prompted the grant of the privilege?
The industrial and economic development of the country.
For what opened the privileges a way?
For the first Copyright Act.
When and where was enacted the first Copyright Act?
In England in 1710.
What did the first Copyright Act grant?
Substantive rights and effective procedures for the enforcement of copyright.
What did the first Copyright Act provide to authors?
It provided that authors had the exclusive right to print their work for 14 years after its first publication.
When did France introduce copyright legislation?
In 1791.
What was granted to authors by a decision of the Conseil d’Etat du Roi?
It granted authors a printing privilege for life.
When was introduced the General Prussian Code?
In 1794.
What did the General Prussian Code protect?
It protected authors indirectly by providing that publishers were only protected if they had the author’s authorization.
Which two large copyright traditions were set out at that time?
- The common law tradition
2. The civil law tradition
Explain the copyright common law tradition.
The copyright common law tradition places the emphasis on the economic exploitation of the work and is therefore sometimes seen as favoring entrepreneurs, such as publishers, film producers and so on. It often also includes phonogram producers and broadcasters under copyright protection. It achieves that by operating legal presumptions in favor of entrepreneurs and sometimes granting authors a relatively modest set of moral rights.
Explain the copyright civil law tradition.
The civil law tradition places the emphasis on the reward of the intellectual effort to the author. This is also the reason why it refers to copyright as authors right. It regards copyright as a personality right, a human rights-based right.
How does the copyright tradition see copyright?
As a property right, as a title that facilitates economic exploitation.
What is the starting point of copyright?
A utilitarian approach.
What is the starting point in the Droit d’ Auteur tradition?
Creative expression is inherently a part of the person and personality of the human beings makes copyright a natural right.
To what is linked a natural right?
To the person of the author.
What does the system encourage either way?
It encourages investment in the dissemination of creative works and promotes the economic growth of creative industries.
What became well established in the 19th century?
Copyright protection.
What give rise to a need of reciprocal copyright agreements with other countries?
The commercial interests of certain countries.
When was adopted the Berne Convention?
In 1886.
For what was copyright historically used as?
As a powerful legal tool to encourage the building of the cultural industries.
When can the full advantages of copyright be enjoyed?
Only if the country has the pre-requisites for building up these industries.
With what is copyright closely associated with?
With the economic and cultural growth of a nation.
What did the demand for books increase?
The international trade in copyright works.
What is the Berne Convention?
The oldest multilateral copyright convention.
What does the Berne Convention establish?
It establishes a Union for the protection of the rights of authors in their literary and artistic works.
What does the Berne Convention provide?
It provides that the personal connection of the author with an Union country or the first publication of a work in an Union country secures protection of the work in that country.
How does the Berne Convention extend the protection?
To all contracting states by obliging them to grant national treatment.
What are the Contracting Parties also obliged to?
They are also obliged to incorporate into their national laws certain rights granted in the Bern Convention as a minimum level of protection.
May the Contracting Parties offer more extensive protection?
Yes.
What does the Berne Convention constitute?
It constitutes the cornerstone for copyright and has been revised on many occasions in order to accommodate new technological developments.
When and where was the Berne Convention revised?
In Paris in 1896, in Berlin in 1908, in Berne in 1914, in Rome in 1928, in Brussels in 1948, in Stockholm in 1967 and in Paris in 1971.
How many contracting states were there on the 1st September 2009?
164.
What does the automatic grant of copyright at the cross border level allow?
It allows authors and cultural industries who exploit their works to operate globally and to do so on a level playing field.
What are some more recent conventions?
The 1994 TRIPS agreement and the 1996 WIPO Copyright Treaty.
What does the TRIPS agreement do?
It places copyright in a world trade context and expands the principles of copyright to even more nation, whilst at the same time updating copyright in the light of events since the last Berne revision in 1971.
What does the WIPO Copyright Treaty do?
It takes efforts further and updates copyright for the internet digital era.
What is the WIPO Performances and Phonograms Treaty 1996?
A companion treaty to the WCT.
When was the WIPO Beijing Treaty on Audiovisual Performances?
2012.
