understanding copyright law fall 2011 international business law - jeffrey pittman1

Understanding Copyright Law

Fall 2011

International Business Law - Jeffrey Pittman 1

To begin our look at an expansive area of law, consider copyright issues in “Abracadabra! Dutch court fines magician over act”

Copyright Law – Magic


Although cartoon in nature, the following copyright videos provide an interesting introduction to copyright lawYouTube Copyright School Copyright Basics


Copyright Law Videos

A major source of international copyright law is The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention)

The convention was first accepted in Berne, Switzerland in 1886 Nearly every country today is a signatory of the Berne

Convention (see Contracting Parties)

The Berne Convention for the Protection of Literary and Artistic

Works


The Berne Convention was developed in part through the efforts of Victor Hugo, through the Association Littéraire et Artistique Internationale

The Convention was influenced by the French "right of the author" (droit d'auteur), contrasting with a concept of "copyright" focusing only on economic concerns

Berne Convention History


There are three basic principles under the Berne Convention:1.Works originating in one of the contracting States must be given the same protection in each of the other contracting States as the latter grants to the works of its own nationals (principle of “national treatment”)

Berne Convention


There are three basic principles under the Berne Convention:2.Such protection must not be conditional upon compliance with any formality (principle of “automatic” protection)

Berne Convention


There are three basic principles under the Berne Convention:3.Such protection is independent of the existence of protection in the country of origin of the work (principle of the “independence” of protection)

Berne Convention


Copyright protects “literary and artistic works” that are original works of authorshipExpressions are protected, not the underlying ideas or conceptsOriginal means the works are not copied from another

The ideas in the work do not need to be original, but the form of expression must be an original creation of the author

There must be some nominal creativity by the author

Copyright Law Basics1- What May Be

Protected


‘The expression “literary and artistic works” shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression . . .’

Berne Convention Article 2 – Protected Works


“Literary and artistic works” is a broad category and includes the following works, and others beyond this listBooks, pamphlets and other writingsLectures, addresses, sermonsDramatic or dramatico-musical worksCinematographic and choreographic works Musical compositionsDrawing, painting, architecture, sculpture, engraving and lithography


Berne Convention Article 2 – Protected Works

Lectures


Architecture


Sculpture


Music


Books


Choreographic Works


Movies


Paintings


Computer Programs


Databases – see WIPO Copyright Treaty (WCT), Article 5 “Compilations of data or other material, in any form, which by reason of

the selection or arrangement of their contents constitute intellectual creations, are protected as such. This protection does not extend to the data or the material itself and is without prejudice to any copyright subsisting in the data or material contained in the compilation”

Copyright protection of product designs Architecture issues

Special Copyright Protection Issues


There are two types of rights protected under copyright law

Economic rights, which allow the rights owner to derive financial reward from the use of his works by others

Moral rights, which allow the author to take certain actions to preserve the personal link between himself and the work


Copyright Law Basics2. Rights Protected Under

Copyright

Economics rights - the copyright owner of a work can prohibit or authorize:

Reproduction in various forms, such as printed publications or sound recordings

Distribution of copies Public performance Broadcasting or other communication to the public Translation into other languages, and Adaptation, such as a novel into a screenplay


Economics Rights under Copyright

Moral rights include the right to claim authorship of the work (sometimes called the right of paternity); and

the right to object to any distortion or modification of the work, or other derogatory action in relation to the work, which would be prejudicial to the author’s honor or reputation (sometimes called the right of integrity)

The Berne Convention requires moral rights to be independent of the author’s economic rights, and to remain with the author even after he has transferred his economic rights.

Moral Rights under Copyright


The first limitation is the exclusion from copyright protection of certain categories of works In some countries (for example, the US), works are

excluded from protection if they are not fixed in tangible form Thus, a work of choreography would only be protected once the

movements were written down in dance notation or recorded on videotape

In certain countries (for example, the US), the texts of laws, court and administrative decisions are excluded from copyright protection


Limitations on Rights

The second category of limitations concerns particular acts of exploitation, normally requiring the authorization of the rights owner, which may, under circumstances specified in the law, be carried out without authorization

There are two basic types of limitations in this category: (a) free use, which carries no obligation to compensate the rights owner for the use of his work without authorization; and (b) non-voluntary licenses, which do require that compensation be paid to the rights owner for non-authorized exploitation


Limitations on Rights (Cont.)

Quoting from a protected work, provided that the source of the quotation and the name of the author is mentioned, and that the extent of the quotation is compatible with fair practice;

Use of works by way of illustration for teaching purposes; and

Use of works for the purpose of news reporting


Examples of Free Use

In addition to the specific categories of free use set out in national laws, the laws of some countries (for example, the US) recognize the concept known as fair use or fair dealing

This allows use of works without the authorization of the rights owner, taking into account factors such as: the nature and purpose of the use, including whether it is for

commercial purposes; the nature of the work used; the amount of the work used in relation to the work as a whole; and the likely effect of the use on the potential commercial

value of the work


Fair Use

For information on fair use in the United States, see Benedict.com Use the fair use visualizer on the homepage Analyze the 2 Live Crew/Pretty Woman dispute


Fair Use

Author Works made for hire Licensing and assignment

Copyright Law Basics3. Copyright Ownership


The period or duration of copyright begins from the moment when the work has been created, or, under some national laws, when it has been expressed in a tangible form

Copyright continues, in general, until some time after the death of the author

.

Copyright Law Basics4. Duration of Copyright

Ownership


In countries party to the Berne Convention, and in many other countries, the duration of copyright provided for by national law is as a general rule the life of the author plus not less than 50 years after his death

The European Union, the United States of America and several others have extended the term of copyright to 70 years after the death of the author

Copyright Duration


In the United States, damages for copyright violations are listed in Remedies for infringement: Damages and profits The basic level of copyright damages is between $750

and $30,000 per work, at the discretion of the court Plaintiffs who prove willful infringement may be

entitled to damages up to $150,000 per work infringed

Copyright Law Basics5. Copyright Damages


The World Intellectual Property Organization (WIPO) is an international organization dedicated to ensuring that the rights of creators and owners of intellectual property are protected worldwide, and that inventors and authors are thus recognized and rewarded for their ingenuity


The Role of WIPO

WIPO administers the following international treaties on copyright and related rights:

Berne Convention for the Protection of Literary and Artistic Works

Brussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite

Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations

WIPO Copyright Treaty (WCT) WIPO Performances and Phonograms Treaty (WPPT)


The Role of WIPO

understanding copyright law fall 2011 international business law - jeffrey pittman1

Documents

understanding copyright

author copyright law

concept of copyright

copyright issues

protection of literary

following works

expansive area of law

following copyright