COPYRIGHT

Copyright Overview

  • Definition: Copyright is the right of literary property recognized by law. It grants authors exclusive privileges over their works for a specific period.

  • Rights of Authors:

    • Economic Rights: Include the right to reproduce, distribute, and publicly display works.

    • Moral Rights: Include the right to attribution and protection against derogatory actions.

Types of Works Protected by Copyright

  1. Original Works:

    • Includes books, articles, music compositions, artistic works, and computer programs.

    • Protection begins upon creation regardless of content or quality.

  2. Derivative Works:

    • Includes adaptations, translations, and collections of original works.

    • Such works are protected provided they do not negatively affect the original work's copyright.

Works Not Protected by Copyright

  • Ideas, methods, concepts, mere data, news items, and official texts (legislative or legal).

Copyright Ownership

  • Joint Authorship:

    • Co-authors are original owners unless otherwise agreed.

  • Employee Works:

    • Employers own the copyright of works created within the scope of employment unless stated otherwise.

  • Commissioned Works:

    • The commissioner has rights over the work, while copyright resides with the creator unless specified in contract.

Copyright Transfer and Assignment

  • Copyright can only be transferred via written agreement and can also designate societies to manage rights on behalf of authors.

Fair Use Doctrine

  • The fair use of copyrighted works determines whether the use is permissible without rights holder permission. Factors considered include the purpose of use (commercial vs. educational), nature of the work, and effect on the market.

  • Examples of fair use include:

    • Critical commentary, news reporting, teaching, and scholarly research.

Moral Rights of Authors

  • Authors maintain rights to attribution and protection against derogatory modifications even after assigning copyrights.

Term of Copyright Protection

  • General Rule: Life of the author + 50 years.

  • Joint Authorship: Duration extends to 50 years after the last surviving author's death.

  • Anonymous/Pseudonymous Works: 50 years from the first publication or 50 years from creation if unpublished.

  • Special Terms:

    • Works of Architecture: Protection includes control over reproduction of the design.

Infringement of Copyright

  1. Direct Infringement: Directly violating copyright rights.

  2. Indirect Infringement: Benefiting from another’s infringement while having control over their infringing actions.