Copyright

The Literary and Artistic Works Protected by Copyright

  • Copyright protects the work of human intellect, focusing on literary and artistic expressions rather than ideas.

Definitions

  • Copyright: A legal form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. It is meant to protect authors and creators of literary and artistic works from unauthorized use and reproduction.

Scope of Copyright

  • Types of Works Covered by Copyright:

    • Literary works (e.g., books, articles, poems)

    • Musical works (including lyrics)

    • Dramatic works (including any accompanying music)

    • Artistic works (e.g., paintings, sculptures, drawings)

    • Audiovisual works (e.g., films, TV shows)

    • Architectural works (e.g., buildings, blueprints)

    • Software and databases

  • Importantly, copyright protects the expression of thoughts, not the underlying ideas.

Example

  • Plot Protection: If a writer imagines a plot about a young man's love story hindered by family obstacles, that idea itself is not protected. However, the unique expression of that plot in a written form (like in Shakespeare's Romeo and Juliet) receives copyright protection.

Berne Convention (1886)

  • The Berne Convention for the Protection of Literary and Artistic Works is the oldest international copyright agreement, outlining the protection of various forms of creative works.

Article 2 Highlights

  • The term "literary and artistic works" includes various forms:

    • Books, pamphlets, and other writings

    • Lectures, sermons, and similar works

    • Dramatic and dramatico-musical works

    • Choreographic works, musical compositions, cinematographic works, and more.

    • Translations and adaptations are protected as original works.

    • Collections reflecting intellectual creation (e.g., encyclopedias, anthologies) are also protected.

The Rights Granted to the Owner of Copyright

Overview of Copyright Owner's Rights

  • Exclusive Rights:

    • Owners can use and authorize others to use their works.

    • Rights are not absolute and must be balanced with others' rights and interests.

Economic vs. Moral Rights

  1. Economic Rights: Allow owners to derive financial benefits from their works.

    • Key Economic Rights:

      • Right of Reproduction

      • Right of Distribution

      • Right of Public Performance and Broadcasting

      • Right of Translation and Adaptation

  2. Moral Rights: Cannot be transferred and stay with the original author.

    • Key Moral Rights:

      • Right of Attribution: Right to be recognized as the author of their work.

      • Right of Integrity: Right to object to derogatory treatment of their work that may prejudice their honor or reputation.

Ownership and Transfer of Copyright

Acquiring Copyright

  • Copyright is obtained automatically upon creation under the Berne Convention, implying no formalities are necessary.

  • In common law countries, works must be fixed in tangible form (e.g., written down, recorded).

Meaning of Fixation

  • Definition: A work is considered "fixed" when it is captured in a physical medium, such as being written or recorded.

  • Example: A melody hummed casually must be recorded to establish protected copyright.

Transfer of Copyright

  • Authors often transfer their rights to publishers or companies through contracts in exchange for compensation (e.g., royalties).

  • Transfers can be total or partial, covering specific rights for specific periods or territories.

Duration of Protection

General Rules

  • Copyright protection typically lasts for the life of the author plus a minimum of 50 years.

  • Many jurisdictions have extended this duration to 70 years after the author’s death (e.g., EU, US).

Limitations and Exceptions to Rights

Types of Limitations

  1. Exclusions from Protection: Certain works may not be protected if not fixed (e.g., choreographic works until recorded).

  2. Free Uses: Some uses do not require permission, such as quoting parts for teaching or news reporting, provided that sources are credited.

Three-Step Test for Exceptions

  • Legal provisions allowing reproduction without authorization must not conflict with normal exploitation and should not unreasonably prejudice the legitimate interests of the author.

Enforcement of Rights

Enforcement Measures

  • Violations of copyright can lead to legal disputes. The Berne Convention lacks enforcement provisions, which have evolved with technological changes, particularly due to digital technology and international trade's economic importance.

Types of Enforcement Measures

  1. Provisional Measures: To prevent infringements, judicial authorities can issue orders to seize suspected infringing goods.

  2. Civil Remedies: Compensation for economic damage due to infringement (e.g., monetary damages, injunctions).

  3. Criminal Sanctions: Severe penalties for willful piracy.

  4. Border Measures: Customs can suspend importation of goods suspected of infringing copyright.

International Agreements Concerning Copyright

Major Treaties

  1. The Berne Convention (1886): Foundation of copyright protection language and principles among member states.

  2. TRIPS Agreement (1994): Ties intellectual property rights to international trade, incorporating additional protections not found in Berne.

  3. WIPO Copyright Treaty (1996): Focus on protections for digital works and the internet.

  4. Marrakesh Treaty (2013): Aims to increase access to works for the visually impaired.

Copyright in Brunei

Copyright Ownership and Duration

  • The creator is generally the owner. However, works created in employment belong to the employer or government in applicable cases.

  • Protection lasts for 50 years after the creator's death.

Collective Management Organizations (CMO)

  • CMOs facilitate the licensing and collection of royalties on behalf of creators, simplifying the process for users of copyright works.