LECTURE 3-Copy Right 1
LECTURE 3-Copy Right 1
LECTURE 3-Copy Right 1
COPYRIGHT
Introduction
• Every year millions of People create original
works like books, music, research and other
forms of creative expression. All these
creation are Intellectual Property and all of
them are protected by copyright.
• Writers, editors and publishers, understanding copyrights
issues are essential. Especially now that the production
of counterfeit [imitating] and pirated goods, including
written works, has become so prevalent. In 2005 more
than $600 billion in pirated and counterfeited goods
were recognized by WCO [World Customs Organization].
Nowadays the internet has made copying and
distributing protected material easier than ever before
for avoiding copying the material. So, in order to protect
yourself from IP theft, it’s important to know the basics
about rights.
Definition “
• The legal protection given to published works forbidding anyone but the
author from publishing or selling them. An author can transfer the
copyright to another person or corporation, such as a publishing company.”
What is a Copyright?
• Copyright is a form of protection provided to the authors of “Original
Works of Authorship” fixed in any tangible medium of expression.
• The manner and medium of fixation are virtually unlimited.
• Creative expression may be captured in words, number, notes, sounds,
pictures or any other graphic or symbolic media.
• The subject matter of copyright is extremely broad, including literary,
dramatic, musical, artistic, audiovisual and architectural works.
• Copyright protection is available for both published and unpublished
works.
History
• The copyright act provides that, subject to certain exceptions, the owner of a
copyrights has the exclusive rights to do and to authorize any of the
following:
• To reproduce the copyrighted work in copies or phonorecords
• To prepare derivative works based on the copyrighted work
• To distribute copies or phonorecords of the copyrighted work to the public
• To perform the copyrighted work publicly
• To display the copyrighted work publicly
• To perform the copyrighted work publicly by means of a digital audio
transmission
• Unless exemption exists, unauthorized exercise of any of these rights by
another is an infringement.
• These exclusive rights, usually referred to as a “bundle”
Rights of Reproduction:
• The most fundamental of the rights granted to copyright owners is the right to
reproduce the work
• A violation of the copyright act occurs whether or not the violator profits by the
reproduction
• Only the owner has the right to reproduce the work
• Secretly taping a concert, taking pictures at a performance, or recording all
violate the owner’s right to reproduce
• The suggestion of congress, in 1978 a group of authors, publishers and users
established a not-for-profit entity called Copyright Clearance Center [CCC]
• CCC grants licenses to academic, government and corporate users to copy and
distribute the works
• It collects royalty fees, which are distributed to the authors
• Companies that photocopy articles from journals and magazines often enter
into licensing arrangements with the CCC so they can make copies.
Rights to prepare Derivative works:
• the copyright Act provides that the owner of a copyright has the
exclusive right to prepare derivative works based upon the
copyrighted work
• This right is often referred to as the right to adapt the original
work
• Definition: “A derivative work is broadly defined as a work based
upon one or more preexisting works, such as a translation,
dramatization, fictionalized motion pictures version, abridgment
condensation or any other from in which a work may be recast,
transformed, or adapted.
• a work consisting of editorial revisions, annotations,
elaborations, or other modifications is also a derivative work
Rights of distribution and the first sale doctrine:
• The copyright act provides that the owner of a copyright has the
exclusive right to distribute copies or phonorecords of the work to
the public by sale or other transfer of ownership
• A violation of the distribution right can arise solely from the act of
distribution itself
• The distributor did not make an unlawful copy or the copy being
distributed was unauthorized
• Thus, blockbuster video store can be liable for violating an owner’s
right to distribute
• Once the author has parted with ownership of copyrighted
material, the new owner of a lawfully made copy can treat the
object as his or her own
• The new owner the right to lend the book or
movie to a friend, resell the work at a garage sale,
or even destroy it.
• The first sale doctrine does not apply to or limit
the author’s exclusive rights to prepare derivative
works or rights of public performance and
• Without permission of authorship the goods are
not permitted to imported into the U.S.
Rights to perform the work publicly
• The author of the original book has rights only to his or her work and
cannot reproduce or perform the derivative work without permission.
• If a work such as a book is created by one person who intends it to be
complete at the time and illustrations are later added to it by
another, the work cannot be a joint work because there was no
intention of the parties to create a unitary whole at the time of their
creation.
• The author of the derivative work cannot create further works based
on the original book without permission and cannot reproduce the
original work without permission.
• Multiple ownership rights may also arise if separately copyrightable
works are compiled into a collection.
• For Example: If essays written by Jerry Seinfeld, Ellen DeGeneres,
and Paul Reiser are collected into a humor anthology by Bill Jones
(with permission of the original authors), the original authors retain
their exclusive rights (such as rights to reproduce, distribute, and
perform) in their respective essays. No join work is created because
there was no intent at the time the separate essays were created to
merge them into a unitary whole. No derivative work is created
because the original works have not been transformed in any way
and nothing new has been added to them. The anthology by the
compiler, Bill Jones, is a collective work and pursuant to section
201(c) of the act, Jones acquires only the right to reproduce and
distribute the contributions as part of the particular collective work
or any revision of the collective work.
Works Made for Hire
• The general rule is that the person who creates a work is the author of
that work and the owner of the copyright therein, there is an
exception to that principle: the copyright law defines a category of
works called works made for hire.
• If a work is “made for hire”, the author is considered to be the
employer or commissioning party and not the employee or the actual
person who created the work.
• The employer or commissioning party may be a company or an
individual.
• There are two types of works that are classified as works made for
hire; works prepared by an employer within the scope of employment
and certain categories of specially ordered or commissioned works.