Copyright and related rights are legal concepts and instruments which, while respecting and protecting the rights of creators in their works, also contribute to the cultural and economic development of nations. Copyright law fulfills a decisive role in articulating the contributions and rights of the different stakeholders taking part in the cultural industries and the relation between them and the public.
Copyright is a legal term describing rights given to creators for their literary and artistic works.
The purpose of copyright is to allow creators to gain economic rewards for their efforts and so encourage future creativity and the development of new material which benefits us all. Copyright material is usually the result of creative skill and significant labor and investment, and without protection, it would often be very easy for others to exploit material without paying the creator.
Copyright protection is automatic as soon as there is a record in any form of the work created.
The kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings.
Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts as such.
Yes. The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright.
Copyright itself does not depend on official procedures. According to the Berne Convention for the Protection of Literary and Artistic Works, literary and artistic works are protected without any formalities in the countries party to that Convention. A created work is considered protected by copyright as soon as it exists.
In general, registration can serve as prima facie evidence in a court of law with reference to disputes relating to copyright.
Two treaties were concluded in 1996 at WIPO (the World Intellectual Property Organization) in Geneva. One, the WIPO Copyright Treaty (WCT), deals with protection for authors of literary and artistic works, such as writings and computer programs; original databases; musical works; audiovisual works; works of fine art and photographs. The other, the WIPO Performances and Phonograms Treaty (WPPT), protects certain "related rights" (that is, rights related to copyright): in the WPPT, these are rights of performers and producers of phonograms.
The purpose of the two treaties is to update and supplement the major existing WIPO treaties on copyright and related rights, primarily in order to respond to developments in technology and in the marketplace. Since the Berne and Rome Conventions were adopted or lastly revised more than a quarter century ago, new types of works, new markets, and new methods of use and dissemination have evolved. Among other things, both the WCT and the WPPT address the challenges posed by today’s digital technologies, in particular the dissemination of protected material over digital networks such as the Internet. For this reason, they have sometimes been referred to as the "Internet treaties".
Both treaties require countries to provide a framework of basic rights, allowing creators to control and/or be compensated for the various ways in which their creations are used and enjoyed by others. Most importantly, the treaties ensure that the owners of those rights will continue to be adequately and effectively protected when their works are disseminated through new technologies and communications systems such as the Internet. The treaties thus clarify that existing rights continue to apply in the digital environment. They also create new online rights. To maintain a fair balance of interests between the owners of rights and the general public, the treaties further clarify that countries have reasonable flexibility in establishing exceptions or limitations to rights in the digital environment. Countries may, in appropriate circumstances, grant exceptions for uses deemed to be in the public interest, such as for non-profit educational and research purposes.
The treaties also require countries to provide not only the rights themselves, but also two types of technological adjuncts to the rights. These are intended to ensure that right holders can effectively use technology to protect their rights and to license their works online. The first, known as the "anti-circumvention" provision, tackles the problem of "hacking": it requires countries to provide adequate legal protection and effective remedies against the circumvention of technological measures (such as encryption) used by right holders to protect their rights. The second type of technological adjuncts safeguards the reliability and integrity of the online marketplace by requiring countries to prohibit the deliberate alteration or deletion of electronic "rights management information": that is, information which accompanies any protected material, and which identifies the work, its creators, performer, or owner, and the terms and conditions for its use.
You can contact the right owner.
For certain types of works and other subject matter, you can get permission from a collective management organization. Collective management organizations license use of works and other subject matter that are protected by copyright and related rights whenever it is impractical for right owners to act individually.
There are several international non-governmental organizations that link together national collective management organizations.
Copyright protects original works of authorship, while a patent protects inventions or discoveries.
Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be.
A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
Under most national copyright laws, it is permissible to use limited portions of a work, including quotes, for purposes such as news reporting and private personal use.
A character could be protected under copyright if it is an original expression of an author.
Merchandising items such as toys, interactive games, books and clothing including characters can also be protected by intellectual property rights in certain circumstances, mainly copyright and trademarks, along with other areas of law.
Copyright may or may not be available for titles, slogans, or logos, depending on whether they contain sufficient authorship. In most circumstances copyright does not protect names.
Broadcasting organizations are protected as holders of related rights under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention).
Broadcast content as such, as opposed to broadcast signals, can also be protected by copyright and related rights, depending on the national legislation.
Television formats, however, have not been discussed at WIPO (the World Intellectual Property Organization) as subject of a separate international protection.
In the 1970s and 1980s, there were extensive discussions on whether the copyright system, the patent system, or a sui generis system, should provide protection for computer software. These discussions resulted in the generally accepted principle that computer programs should be protected by copyright, whereas apparatus using computer software or software-related inventions should be protected by patent.
Patent law and copyright law provide different types of protection. Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts as such, whereas a patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. Copyright protection is formality-free in countries party to the Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention), which means that protection does not depend on compliance with any formalities such as registration or deposit of copies. A patent is generally granted after completing an examination procedure by a government agency.
Copyright protection of computer software is established in most countries and harmonized by international treaties to that effect. The law relating to the patentability of software is still not harmonized internationally, but some countries have embraced the patentability of computer software and others have adopted approaches that recognize inventions assisted by computer software.
A field of rights related to copyright has rapidly developed over the last 50 years. These related rights grew up around copyrighted works, and provide similar, although often more limited and of shorter duration, rights to:
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, Web sites, and architecture.
Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
The practice of sending a copy of your own work to yourself is sometimes called a "poor man’s copyright".
There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.
Copyright is a form of protection granted by law for original works of authorship fixed in a tangible medium of expression.
Copyright covers both published and unpublished works.
While in some countries the provisions of treaties can be directly applied as law, in general copyright and related rights are provided in national legislation of individual countries.
International treaties link various national laws by ensuring that at least a minimum level of rights will be granted to creators under each national law. The treaties do not themselves grant rights, but rather require the countries that join the treaties to grant certain rights specified on a nondiscriminatory basis.
Copyright gives the creators of works, and their heirs, economic rights enabling them to control use of their material in a number of ways, such as by making copies, issuing copies to the public, performing in public, broadcasting and use on-line. It also gives moral rights to be identified as the creator of certain works, and to object to distortion or mutilation of it.
The creator holds the exclusive right to use or authorize others to use the work on agreed terms.
The creator of a work can prohibit or authorize:
Many creative works protected by copyright require mass distribution, communication and financial investment for their dissemination (for example, publications, sound recordings and films); hence, creators often sell the rights to their works to individuals or companies best able to market the works in return for payment. These payments are often made dependent on the actual use of the work, and are then referred to as royalties.
These economic rights have a time limit, according to the relevant WIPO (World Intellectual Property Organization) treaties, of 50 years after the creator's death. National law may establish longer time-limits. This limit enables both creators and their heirs to benefit financially for a reasonable period of time. Copyright protection also includes moral rights, which involve the right to claim authorship of a work, and the right to oppose changes to it that could harm the creator's reputation.
The creator - or the owner of the copyright in a work - can enforce rights administratively and in the courts, by inspection of premises for evidence of production or possession of illegally made - "pirated" - goods related to protected works. The owner may obtain court orders to stop such activities, as well as seek damages for loss of financial rewards and recognition.
Copyright and its related rights are essential to human creativity, by giving creators incentives in the form of recognition and fair economic rewards. Under this system of rights, creators are assured that their works can be disseminated without fear of unauthorized copying or piracy. This in turn helps increase access to and enhances the enjoyment of culture, knowledge, and entertainment all over the world.
Registration is recommended for a number of reasons.
Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation.
Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.