LLAW Copyright

Copyright

Legal protection extended to owner of rights in an original work

Original Work

Intellectual creation in the literary, scientific, and artistic domains

Main Rights afforded by Copyright

Economic rights, Moral rights, and Neighboring or Related rights

Subject Matter of Copyright

Expression of ideas in different forms

Doesn’t apply to concepts, ideas, procedures, systems, method / operations, principles, discovery / mere data, news of the day, other misc facts

Derivative Works

Work derived from one or more already existing works; protected as new works

Requirement of Originality

Copyrights need not be new, but the form in which they are expressed must be independently created by the author

Purpose of Copyright

Ensures creators are given a fair reward

Term of Protection

• Immediately, by the fact of their creation

• Can still deposit it with the government for a certificate, but ownership isn’t presumed w/ this certificate

Who owns the copyright in the case of Joint Ownership?

Co-authors should be the original owners of the copyright, unless different parts can be used separately and clearly attributed to different people

Who owns the copyright in the case of an author during and in the course of his employment?

• Employer : if part of regularly-assigned duties

• Employee : if not part

Who owns the copyright in the case of work commissioned by person other than an employer?

• Commissioner has ownership of the work

• Author owns the copyright

Who owns the copyright in the case of audiovisual work?

• Producer, author, composer of music, film director, and author of work so adapted

• There’s an exception but im lazy

Who owns the copyright in the case of letters and other priv communications in writing?

• Owned by person to whom they are addressed

• Copyright owned by the writer

Who owns the copyright in the case of anonymous or pseudonymous works?

• Publishers represent the authors

• Unless it leaves no doubts as to the author’s identity

Reproduction Right

Right to prevent others from making copies without permission

• Substantial reproduction

Derivative Rights

Right to make, carry out, authorize, or prevent the transformation of the works

Right to First Public Distribution

• Sale / transfer of ownership

• Terminates upon first sale

Rental Rights

Owner is granted the right to rental of the original or copy

Right of Public Display

Display : any showing of a copy of a work

Display open to the public / where a substantial number of persons outside of family and acquaintances is gathered

Right of Public Performance

Any performance of a work at a place where the public is or can be present

Enables author to authorize live performances

Right of Communication to the Public

• Can access at their own place and time (e.g. radio)

Right of Attribution

Right to have his works be attributed to him, and that his name be indicated in a prominent way on the copies and in connection with the public use of his work

Right to Withhold / Alter

To make any alterations to or withhold it from publications, but can be liable for damages depending on the situation

Right of Integrity

To object any distortion, mutilation, or other modification of, or other derogatory action in relation to his work which would be prejudicial to his honor or reputation

Right against False Attribution

To restrain the use of his name with respect to any work not of his own creation or in a distorted version of his work

Rights on Works of Architecture

Right to control the erection of any building which reproduces the whole or a substantial part of the work