Basic Notions of Copyright and Related Rights
By the International Bureau of WIPO
1. BASIC NOTIONS OF COPYRIGHT
Copyright legislation is part of the law “intellectual property”. This law protects the interests of creators by giving them property rights over their creations. It is there to stimulate creativity, make them available to the public and to ensure international trades protected by intellectual property right are harmonized (the law is recognized in most countries). The WIPO is the secretariat that protects the intellectual property law. Intellectual property refers to all creations of the human mind. 1. Property
The owner of the property may use it as he wishes. Nobody else can lawfully use his property without his authorization. There are three types of property: Movable property. Consists of movable things (e.g. car, furniture in home). No one except the owner can use these items. This is referred to as “exclusive” (rights). Immovable property/real property. Permanently fixed things, which cannot be lifted or moved (e.g. land, house). Intellectual property. The creations of the human mind (e.g. drawing, theatre play). 2. “Intellectual" property
Intellectual property is divided into two branches:
Industrial property. This includes inventions (patents), trademarks, industrial designs and geographic indications. Patent. An exclusive right granted for an inventions. The invention doesn’t have to be physical (can be an idea). Has to be official (on paper), lasts for about 20 years, and people cannot copy your idea (even if they didn’t know it’s yours). Protects the expression. Copyright. Protects literary and artistic works and creations in the field of related rights. It only protects the form of expression of ideas (physical), not the ideas themselves. Isn’t official, lasts longer than a patent and an invention cannot prevent third parties from using that invention. Protects the form of expression. B. Copyright
The general structure of the copyright law.
1. Protected works
The works that are protected by copyright. As said in article 2 of the Berne Convention, copyright applies to “every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression”. Almost all countries use this law. 2. Rights protected
The rights granted to the owner of copyright. The owner of the property may use it exclusively and as he wishes, and nobody else can lawfully use it without his authorization. There are two types of rights under copyright: Economic rights. Allows the owner to derive financial rewards from the use of his work by others. Moral rights. Allows the owner to take certain actions to preserve the personal link between himself and the work. The owner has the right to authorize or prevent certain acts in relation to a work. Such acts includes the following: Right of reproduction and related rights. = the right of the owner of copyright to prevent others from making copies of his work. Some laws include the right of distribution. This means that after the copyright owner has sold ownership of a particular copy of a work, the owner of that copy may dispose of it without the copyright owner’s further permission (e.g. selling stuff on Marktplaats). Another right that’s gaining popularity is the right of rental which allows the owner to rent copies of his work for a limited amount of time. Last, there’s a right to control importation of copies which means the owner can decide in which country the copies can be distributed. ---> Limitations on rights (=exceptions): individuals are allowed to make a single copy of the work for private, personal and non-commercial purposes. Due to digital technology, this limitation is questioned. Rights of public performance, broadcasting and communication to the public. Right of public performance = the right to authorize live or public performances of a work. E.g. showing a movie in front of a lot of people and...
Please join StudyMode to read the full document