copyrights and related rights presentation wipo

International Law - Jeffrey Pittman 1

Understanding Understanding Copyright and Copyright and Related RightsRelated Rights((WIPO ResourcesWIPO Resources))

Class May 4, 2009Class May 4, 2009

2International Law - Jeffrey Pittman

Intellectual PropertyIntellectual Property

The term intellectual property refers The term intellectual property refers broadly to creations of the human mindbroadly to creations of the human mind

Intellectual property rights protect the Intellectual property rights protect the interests of creators by giving them interests of creators by giving them property rights over their creationsproperty rights over their creations Copyright legislation is part of intellectual Copyright legislation is part of intellectual

propertyproperty


Intellectual Property Intellectual Property RightsRights

Subject matter protected by intellectual Subject matter protected by intellectual property rightsproperty rights

literary, artistic and scientific works; literary, artistic and scientific works; performances of performing artists, phonograms, performances of performing artists, phonograms,

and broadcasts; and broadcasts; inventions in all fields of human endeavor; inventions in all fields of human endeavor; scientific discoveries; scientific discoveries; industrial designs; industrial designs; trademarks, service marks, and commercial names trademarks, service marks, and commercial names

and designations; and designations; protection against unfair competition; and protection against unfair competition; and ““all other rights resulting from intellectual activity all other rights resulting from intellectual activity

in the industrial, scientific, literary or artistic in the industrial, scientific, literary or artistic fields.” fields.”


Why Protect Intellectual Why Protect Intellectual Property?Property?

To give statutory expression to the To give statutory expression to the moral and economic rights of creators moral and economic rights of creators in their creations and to the rights of in their creations and to the rights of the public in accessing those creationsthe public in accessing those creations

To promote creativity, and the To promote creativity, and the dissemination and application of its dissemination and application of its results, and to encourage fair trade, results, and to encourage fair trade, which would contribute to economic which would contribute to economic and social development and social development


Branches of Intellectual Branches of Intellectual PropertyProperty

The two branches of intellectual The two branches of intellectual property are industrial property and property are industrial property and copyrightcopyright


Industrial PropertyIndustrial Property

Industrial propertyIndustrial property includes (among includes (among other items):other items):

Patents to protect inventions and Patents to protect inventions and industrial designs (aesthetic creations industrial designs (aesthetic creations determining the appearance of determining the appearance of industrial products)industrial products)

Trademarks (& service marks)Trademarks (& service marks) Layout-designs of integrated circuitsLayout-designs of integrated circuits Protection against unfair competition Protection against unfair competition


CopyrightCopyright

CopyrightCopyright relates to artistic relates to artistic creations, such as books, music, creations, such as books, music, paintings and sculptures, films and paintings and sculptures, films and technology-based works such as technology-based works such as computer programs and electronic computer programs and electronic databasesdatabases

In most European languages other In most European languages other than English, copyright is known as than English, copyright is known as author’s rightsauthor’s rights


Intellectual Property in Intellectual Property in ContextContext

Let us discuss intellectual property Let us discuss intellectual property (IP) in the context of the following (IP) in the context of the following article, article, When Innovation is Child’s Play


Copyright LawCopyright Law

Berne Convention for the Protection of Berne Convention for the Protection of Literary and Artistic WorksLiterary and Artistic Works

For the purposes of copyright For the purposes of copyright protection, the term “literary and protection, the term “literary and artistic works” is understood to include artistic works” is understood to include every every original work of authorshiporiginal work of authorship (emphasis added)(emphasis added)

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


The Berne ConventionThe Berne Convention list list of Copyright Examplesof Copyright Examples

books, pamphlets and other writings; books, pamphlets and other writings; lectures, addresses, sermons; lectures, addresses, sermons; dramatic or dramatico-musical works; dramatic or dramatico-musical works; choreographic works and entertainments in choreographic works and entertainments in

dumb show; dumb show; musical compositions with or without words; musical compositions with or without words; cinematographic works to which are cinematographic works to which are

assimilated works expressed by a process assimilated works expressed by a process analogous to cinematography; analogous to cinematography;

works of drawing, painting, architecture, works of drawing, painting, architecture, sculpture, engraving and lithography; sculpture, engraving and lithography;


The Berne ConventionThe Berne Convention list list of Copyright Examples of Copyright Examples

(Continued)(Continued) photographic works, to which are assimilated works photographic works, to which are assimilated works

expressed by a process analogous to photography; expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches works of applied art; illustrations, maps, plans, sketches

and three-dimensional works relative to geography, and three-dimensional works relative to geography, topography, architecture or science; topography, architecture or science;

translations, adaptations, arrangements of music and translations, adaptations, arrangements of music and other alterations of a literary or artistic work, which are other alterations of a literary or artistic work, which are to be protected as original works without prejudice to to be protected as original works without prejudice to the copyright in the original work and collections of the copyright in the original work and collections of literary or artistic works such as encyclopaedias and literary or artistic works such as encyclopaedias and anthologies which, by reason of the selection and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual arrangement of their contents, constitute intellectual creations, are to be protected as such, without prejudice creations, are to be protected as such, without prejudice to the copyright in each of the works forming part of to the copyright in each of the works forming part of such collections.such collections.


Berne ConventionBerne Convention

Berne Convention Berne Convention text and adopting countries, etc., etc.


‘‘‘‘Child’s Play’’ & Child’s Play’’ & CopyrightCopyright

From the above article, what From the above article, what copyright issues exist or are copyright issues exist or are potentially involved in the business potentially involved in the business model?model?


‘‘‘‘Child’s Play’’ & Child’s Play’’ & CopyrightCopyright

For those copyright protected For those copyright protected works, what rights exist under the works, what rights exist under the Berne Convention?Berne Convention?


Rights under CopyrightRights under Copyright

There are two types of rights under There are two types of rights under copyrightcopyright

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

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


Rights under Copyright Rights under Copyright (Cont.)(Cont.)

The rights owner of a work can The rights owner of a work can prohibit or prohibit or authorizeauthorize::

its reproduction in various forms, such as its reproduction in various forms, such as printed publications or sound recordings; printed publications or sound recordings;

the distribution of copies; the distribution of copies; its public performance; its public performance; its broadcasting or other communication to the its broadcasting or other communication to the

public; public; its translation into other languages; its translation into other languages; its adaptation, such as a novel into a screenplay.its adaptation, such as a novel into a screenplay.


Moral rightsMoral rights

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

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

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


Limitations on RightsLimitations on Rights

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

are excluded from protection if they are not are excluded from protection if they are not fixed in tangible formfixed in tangible form

Thus, a work of choreography would only be protected Thus, a work of choreography would only be protected once the movements were written down in dance once the movements were written down in dance notation or recorded on videotapenotation or recorded on videotape

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


Limitations on Rights Limitations on Rights (Cont.)(Cont.)

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

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


Examples of Free UseExamples of Free Use

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

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

use of works for the purpose of news use of works for the purpose of news reportingreporting


Fair UseFair Use In addition to the specific categories of free use In addition to the specific categories of free use

set out in national laws, the laws of some set out in national laws, the laws of some countries (for example, the US) recognize the countries (for example, the US) recognize the concept known as concept known as fair use fair use or or fair dealingfair dealing

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

is for commercial purposes; is for commercial purposes; the nature of the work used; the nature of the work used; the amount of the work used in relation to the work as a the amount of the work used in relation to the work as a

whole; whole; and the likely effect of the use on the potential and the likely effect of the use on the potential

commercial value of the work commercial value of the work


Fair UseFair Use

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

disputedispute


Duration of CopyrightDuration of Copyright

The period or duration of copyright begins from the The period or duration of copyright begins from the moment when the work has been created, or, under some moment when the work has been created, or, under some national laws, when it has been expressed in a tangible national laws, when it has been expressed in a tangible form. It continues, in general, until some time after the form. It continues, in general, until some time after the death of the authordeath of the author

The purpose of this provision in the law is to enable the The purpose of this provision in the law is to enable the author’s successors to benefit economically from author’s successors to benefit economically from exploitation of the work after the author’s deathexploitation of the work after the author’s death

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

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


Enforcement of Rights Enforcement of Rights

Conservatory or provisional Conservatory or provisional measuresmeasures

Civil remediesCivil remedies Criminal sanctionsCriminal sanctions Measures to be taken at the Measures to be taken at the

borderborder


The Role of WIPOThe Role of WIPO

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


The Role of WIPOThe Role of WIPO

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

Berne Convention for the Protection of Literary and Berne Convention for the Protection of Literary and Artistic Works Artistic Works

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

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

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

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

(WPPT) (WPPT)

copyrights and related rights presentation wipo

Business

copyright protected

copyright economic rights

artistic works

copyright law berne

original works

assimilated works

intellectual creations

term intellectual property