Intellectual Property Notes

Part 1: Copyright - Definition

Copyright vs Author’s Right

There are two predominant approaches to intellectual property protection for creative works:

• Copyright (CR): This approach emphasizes the economic value of creative works, focusing on how they can be used, distributed, and monetized. It is commonly found in jurisdictions like the US and the UK.

• Author’s Right: In contrast, this approach prioritizes the personal and moral interests of the author, allowing them control over the presentation of their work and preventing any distortion or misuse. Author’s rights play an essential role in European legal systems, particularly in France and Germany.

Key takeaway: While copyright centers on economic aspects, author’s rights emphasize personal rights and creator control.

Definitions from the Slide

1. Copyright: The legal right allowing an author to reproduce or copy their original work, such as literary or artistic creations. Only the author or individuals authorized by them can replicate the work.

2. Authors' Rights: These rights recognize the author as the original creator, granting them exclusive control over their work, including moral rights that enable them to prevent distortion of their original ideas.

3. Copyright as Intellectual Property: Copyright is a form of intellectual property that confers exclusive rights to the owner, permitting them to copy, distribute, adapt, display, and perform their creative work for a limited duration before it enters the public domain.

Example to Understand the Difference

For an artist:

• Copyright (economic focus): The artist is permitted to sell reproductions or license their artwork for various monetization avenues.

• Author’s Right (moral focus): The artist can legally prevent alterations that misrepresent their intention, retaining artistic integrity even after selling the painting.

Part 2: History and Evolution of Copyright (CR)

History: How Copyright Started

Copyright as a formal concept emerged due to the invention of the printing press in the 15th and 16th centuries, allowing easier reproduction of written works. Prior to this, copying was labor-intensive and often went without consent from authors. This evolution raised critical issues:

• Problem: Authors lost control over their creations, leading to unfair compensation.

• Solution: Laws were gradually developed, starting in France, to protect authors’ rights.

1. 1791: Creation of initial laws protecting writers from unauthorized copying.

2. 1793: Extension of laws to include musicians, painters, and illustrators for their creative outputs.

3. 1957: France established the Code de la propriété intellectuelle, granting moral rights, giving creators continued control over their works even post-sale.

Evolution: How Copyright Changed Over Time

As technology advanced, copyright laws adapted:

1. 1994: Global protections began with the TRIPS Agreement, ensuring international copyright enforcement.

2. 1991 Directive: Expanded protections to digital advancements, ensuring software and apps were legally safeguarded against unauthorized use.

Challenges with New Industries

The rise of the internet exacerbated copyright challenges, making illegal downloading and sharing rampant. This prompted inquiries into protecting online content, as exemplified by songs on platforms like YouTube being easily shared without compensation to artists. Copyright frameworks sought to address this through licensing and content removal mechanisms.

Cultural and Legal Changes

Growing access to creative materials has sparked debates over copyright's strictness. Modern copyright balances creator compensation against broader public access, particularly in educational contexts. Law updates continue to respond to industry needs:

• Broadcasting: Adjustments for TV and radio.

• Digital media: Addressing streaming services like Netflix that require new licensing agreements.

Modern Challenges

Current copyright issues exhibit:

1. Differing International Rules: Variability in enforcement between countries complicates digital content protection.

2. Balancing Copyright with Fair Use: Exceptions are made to allow educational and parodic uses of copyrighted work.

3. Internationalization: Content must be adaptable to multiple legal environments, especially in video game development scenarios.

Part 3: Importance of Copyright (CR)

Copyright fundamentally differs from patents and trademarks due to its ubiquitous nature. It safeguards various industries:

• Book Publishing: Protects authors against unauthorized copying.

• Film and Television: Ensures financial returns for studios and creators.

• Music and Theater: Protects creators against misuse of their works.

• Education: Governs the use of educational materials.

Economic Importance

Copyright-based industries significantly contribute to the economy, representing about 7% of the GDP of the European Union.

Part 4: Legal Sources of Copyright

The Berne Convention (1886)

One of the first international agreements forming the basis for the global protection of copyright, emphasizing author protection across jurisdictions.

• Countries initially had different copyright systems, with the US only joining in 1996.

How Copyright Protection Works Under Berne

• Protection is instantaneous, requiring no formal registration.

• Originality is critical for copyright, with the stipulation that it is inherent to each creative work.

Challenges with Territorial Protection

Despite international conventions, copyright remains territorial, and interpretations can vary:

• Certain works may be undervalued or overlooked legally due to differing originality standards across nations.

Key Takeaways

1. Copyright is essential across various sectors, influencing economic stability and cultural growth.

2. International agreements like the Berne Convention offer foundational protections but cannot eliminate regional copyright disparities.