Copyrights - DIY

http://platform.europeanmoocs.eu/

MOOC

Copyrights - DIY

26 Oct – 4 Dec 2015

1. From the Statute of Anne to Mickey Mouse: Background and a brief history of IPR and Copyrights, types of rights.

2. IPR and Copyright in a research and education perspective, academic views.

3. “I fought the law and the law won”. A legal perspective.

4. Rendezvous with the creator.5. Pirate Bay, Plagiarism, Creative Commons and how

users and activists deal with copy- and other rights.6. Future visions, possibilities and developments in the

digital era.

From the Statute of Anne to Mickey Mouse• Background

• Brief history of IPR and copyrights

• Types of rights

• Rights of the creator

• Rights of the user

Copyrights?

Rights of the author?

Intellectual Property Rights!

• Copyright

• Related rights

• Data base right

• Patent right

• Brand right

• Trade mark right

• Drawings and models right

Intellectual Property Rights

• Semiconductor right

• Breeder’s right

• Domain name right

• Trade secret

And also important…

• Everyone has rights on their own appearance –portrait right (integrity of appearance)

Copyrights

• Where they come from?

Typically Western-European culture phenomenon

Until the invention of book printing there was no mention of exclusive rights on intellectual works. From then on the authorities grant exclusive bookprinting rights to printers, not to authors.

Copyrights

• Where they come from?

• The Statute of Anne (England 1710) • Recognise authors as principal rightsholders and respects

the integrity og their work.

• Duration of exclsuive rights restricted to (2x) 14 years, afterwhich the work automatically transits to the publc domain

• (start of “legal deposit”)

• “…the emphasis on the practical or utilitarian importance (…) attached to knowledge and its encouragement in the scheme of human progress”

• Copyright is a "private right" that serves the rights of the individual creator

Copyrights

• National/local until Convention of Berne (1886) regulating copyrights between sovereign countries

Copyrights

• Convention of Berne• Copyright is automatically assigned to every creative

work. No need to have creative works registered forcopyright, no need to claim their own rights.

• Terms of copyright are minimally 50 years after the life of the author. (Afterwards the work can freely be distributed and adapted.)In the European Union nowadays 70 years after the death of the author.

Copyrights

• Convention of Berne• Part of the TRIPS Agreement (WTO), hance globally

accepted

• Further documented and disseminated by WIPO (UN)

• National implementation and interpretation, seejurisdiction

Copyrights

• Copyrights appear in law text: e.g. Belgian Law of 30 June 1994 regarding the Copyright and Related Rights

Copyrights

• Copyrights appear in law text: e.g. Belgian Law of 30 June 1994 regarding the Copyright and Related Rights

• Copyright infringement is a crime

• Copyright on a work exists “on behald of a naturalperson”

• A protected work should be original but does notneed to have artistic value

Copyrights

Exploitation rights of the author:

• Reproduction (also adapt, translate, lend, distribute etc.)

• Publishing (public performance)

Exclusive but transferable

Copyrights

Moral rrights of the creator:

• Right to make the work public (“divulgation”)

• Right to reclaim or refuse parenthood (remainunknown)

• Right for integrity, respect for the creation

These are not transferable

Related rights

• Performers (live or recording)

• Retain their moral rights (mentioned on credits, etc.), but deny exploitation rights (-> producer/editor/concert organiser etc.)

• 50 years

Why copyrights?

FOR

• Simple

• Ptotection of the creator, incentivises creativity, encourages innovation and creation

• Helps protect the integrity of a work

Why not copyrights?

Against

• Makes reuse more difficult and hampers creativity

• Complex and unsure

• Aimed at creation, not on use and reuse

• Advantage for large (media) companies, not forthe individual creator

That ‘s the law explained at its simplest…Laws are not the whole picture, daily use is another story

Copyrights… User rights…

What can the author do?

• Nothing

• Adopt a license: copy left, Free/Open source, Creative Commons, CC0 (abandon rights)

Creative Commons

Creative Commons

Name of creator (BY)

Non-commercial (NC)

Share alike (SA)

No derivatives (ND)

Creative Commons

Name of creator(BY)Non commercial (NC)

Share alike (SA)

No derivatives (ND)

Creative Commons

What can a user do?

Nothing Acquire rights

Use

What can a user do?

• Acceptable use depends on:• Objective and characterof the use

• Nature of the work

• Quantity and proportion in use of the work

• Impact of use on the market and on the value of the work

Nothing Acquire rights

Use

Education?

illustration of education and/or scientifocresearch,

Within the context of normal education activities,

Not for profit,

Not impacting the exploitation of the protectedwork,

Mentionning source and name of author(s),

For access reasons (e.g. braille copie, text to speech)

Copyrights in practice

The decision to breach copyrights can depend on multiple elements:

Value/importance of the new work

x

Cost to create one’s own version of the object

Chance to get caught

X

Size of the expected penalty

How can abuse be traced?

• Telling on or turning in (mainly intern in organisation)

• Sample and spot checks

• Search instruments

• Who? Big software companies, publishers, media companies, authors and representative agencies,…

Van Giel vs. Tuymans

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