PACE MIDTERMS (MODULE 3)

Copyright

a form of intellectual property right and refers to the legal term used to describe the rights that creators/authors have over their literary and artistic works

Related Rights

are rights that are distinct from copyright but are linked to it, protecting the interests of performers, producers of phonograms, and broadcasting organizations

Trademark

a sign, like a word, logo, or design, used by a business to distinguish its goods or services from those of other businesses. WIPO defines it as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.

ex. of copyright

missoni textile patterns, fashion film, lookbook, design illustration

Copyright provides protection

legal protection, beneficiary protection, object of projection

legal protection

the bundle of economic and moral rights

beneficiary protection

extended to the owner of the rights

object of protection

in a literary, artistic, scholarly or scientific work

the creator or author of the work has copyright over it

who owns the copyright

creator / author

• the creator of the original expression in a work is its _.

• also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher

owner

• you can own the work a book, a painting etc but that doesnt mean you can do with it as you please

• just because you bought it doesnt mean you own it

rights holder

a person or a company who owns any one of the exclusive rights of copyright in a work. this can be multiple people in multiple territories over different licenses

employee - employer relationship exists

employer owns the copyright if employee create a work in the course of his employment & the creation of the work is part of his regular duties otherwise, it is owned by the employee

audio - visual work

producer, the author of the scenario, the composer of the music, the film director and the author of the work so adapted

commissioned work

author (the work itself is owned by the commissioner)

anonymous / pseudonyms

publisher if deemed to represent the authors

joint authorship

co-ownership rules applies. in the absence of an agreement for the work, the author of each part shall be the original owner of the copyright in the part that he has created

letters

writer owns it (the letter itself is owned by the addressee/recipient)

economic rights

• allow right owners to derive financial rewards from the use of their works by others

• reproduction, adaptations, first public distribution, rental, public performance, public display, communication to the public

moral rights

• allow authors and creators to take certain actions to preserve and protect their link with their work

• attribution of the work to the creator, to make any alteration of his work, to object to any distortion prejudicial to his honor or reputation, to restrain the use of creator’s name in relation to any work that is not his

related rights

• in every sale or leases of an original work of painting or sculpture, or of the original manuscript of a writer or composer, subsequent to the first disposition of that same work, the author or his heirs shall have the inalienable right to participate in the gross proceeds of the sale or lease to the extent of 5%

• this right shall not apply to prints, etchings, engravings, work of applied art, or works of similar kind wherein the author primarily derives gain from proceeds or reproductions

copyright infringement on moral rights

• to object to any distortion prejudicial to his honor or reputation

• arturto di modica and his lawyers argued the placement of his statue was copyright infringement and distorted the meaning of his art

works of applied art

25 years from date of making

joint authorship

life of the last living surviving author + 50 years

anonymous / pseudonymous works

50 yrs from publication / 50 yrs from making

photographic works

50 yrs from publication / 50 yrs from making

audio - visual work

50 yrs from publication / 50 yrs from making

fair use

copyrighted work for news, teaching, etc is not an infringement of copyright

registered

public record, strengthened position in court, deposit requirement (when a copy is provided), easier licensing

unregistered

automic protection, limited benefits, less formal record, potential challenges in infringement, suits

trademark

a sign, like a word, logo, or design, used by a business to distinguish its goods or services from those of other businesses. WIPO defines it as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.

service mark

A trademark identifies the source of goods, while a __ identifies a source of services

collective mark

a type of trademark used by members of a collective group or association to identify goods or services as originating from that group. They indicate that the goods or services come from a particular group, which adheres to certain standards set by that group.

trade name

a name under which a business operates and is known to the public. Unlike trademarks, which are used to identify goods or services, trade names identify the business itself.

Registered Trademark

offer stronger protection

Unregistered marks

can be protected through use and in some cases, the law of unfair competition.

functions of a trademark

1, Source Indentifier

2. Differentiator

3. Quality Indicator

4. Advertising Device

visible and distinctive

characteristics of a trademark

10 years

duration of protection in trademark