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What is copyright?
In general, copyright is a form of legal protection given to content creators
through the assignment of specific rights to works that qualify for
protection.
Global copyright
When copyright protection begins
International copyright treaties
Copyright regulations in Europe
What is protected by copyright
Duration of copyright
Public domain
Different types of rights
Exceptions and limitations
Fair dealing and fair use
Obtaining permission to use a copyrighted work
Collective licensing at an international level
Copyright and licensing information sources
Global copyright
Copyright is a creation of law in each country, and therefore there is no such thing as an international
copyright law. Nevertheless, nearly 180 countries have ratified a treaty – the Berne Convention,
administered by the World Intellectual Property Organization (WIPO) – that sets a minimum set of standards
for the protection of the rights of the creators of copyrighted works around the world.
In addition, there have been efforts to harmonize copyright law in Europe and other regions. The differences
in national copyright laws, however, can represent a challenge for global organizations with employees
working in different countries and sharing content across boundaries.
A “qualifying work” is a
literary work
a musical composition
a film, a software program
a painting
or any of many other expressions of creative ideas
– but it is only the expression, and not the idea, that is protected by copyright law.
Neither publication, registration, nor other action is required to secure a copyright, although in some
countries use of a copyright notice is recommended, and in a few countries (including the United States)
registration of domestic works is required in order to sue for infringement.
Berne Convention
Signed in 1996
Makes clear that computer programs and databases are protected by copyright
Recognizes that the transmission of works over the Internet and similar networks is an exclusive right
within the scope of copyright, originally held by the creator.
Categorizes as copyright infringements both
The circumvention of technological protection measures attached to works
The removal from a work of embedded rights management information.
Signed in 1996
Signed in 1996
Administered by the World Trade Organization
Includes a number of provisions related to the enforcement of IP rights.
Says that national laws have to make the effective enforcement of IP rights possible, and describes in
detail how enforcement should be addressed.
The Directive on the harmonisation of certain aspects of copyright and related rights in the information
society (2001/29/EC) had two main objectives
It also included an exhaustive list of limitations and exceptions to copyright, most of which optional for
the Member States to implement in their national laws. A later study by the Institute for Information Law
(Univ. of Amsterdam) concluded that those options provided to the Member States had substantially
interfered with harmonization.
Another important piece of European legislation is the 2004 Directive on Enforcement of Intellectual
Property Rights, which was followed by the creation in 2009, of the European Observatory on Counterfeiting
and Piracy.
The detailed list of categories of works that are protected by copyright – and the specific definition and
scope of each of them – may slightly vary from country to country, but it generally includes scientific
articles, essays, novels, short stories, poems, plays and other literary works; drawings, paintings,
photographs, sculptures and other two- and three-dimensional pieces of art; films and other audiovisual
works; musical compositions; software and others.
Duration of copyright
The duration of copyright may vary from country to country according to the type of work (and the
particular right in question). Although Berne sets a minimum duration of a copyright in a literary work equal
to the life of the author plus 50 years, in most cases and countries today, the general rule is that copyright in
literary, dramatic, musical or artistic works lasts for the life of the author and then until 31 December of the
year 70 years after his or her death (usually referred to as “life plus 70”).
In some countries, specific rules may apply that alter or add to the general rule of life plus 70 years (for
example, granting extensions for the period of World War II). In addition, some countries had different
copyright terms that were in effect before adoption of the general rule. For example, the United States did
not adopt a “life plus” copyright duration until 1978. These differences in national laws imply the fact that in
some cases a specific work can still be in copyright in some countries but out of copyright (that is, in the
public domain) in others.
Public domain
The public domain refers to works
(i) no longer protected by copyright (that is, where the copyright has expired)
(ii) belonging to categories of works not protected by copyright law.
In addition, in some countries (including the United States and, for certain purposes, the United Kingdom)
government works are defined by law as being in the public domain (not protected by copyright) from the
moment of their creation.
Thus, differences in how national copyright laws define the duration of copyright and list the categories of
works protected, result in different definitions of the public domain on a country-by-country basis.
In Europe, the Europeana Connect project has developed a helpful Public Domain Calculation tool.
Economic rights
Moral rights
Countries in the Anglo-American tradition, including the United Kingdom, the United States, Canada,
Australia and New Zealand, tend to minimize the existence of moral rights in favor of an emphasis on
economic rights in copyright.
Economic or exploitation rights recognize the right of the holder to use, to authorize use of, or to prohibit
the use of, a work, and to set the conditions for its use. Different specific uses (or “acts of exploitation”) of a
work can be treated separately, meaning that the rightsholder can deal with each right (including using,
transferring, licensing or selling the right) on an individual type-of-use basis. Economic rights typically
include:
The right of reproduction (for instance, making copies by digital or analogue means),
The right of distribution by way of tangible copies (for example, selling, renting or lending of copies),
The right of communication to the public (including public performance, public display and
dissemination over digital networks like the Internet), and
The right of transformation (including the adaptation or translation of a text work).
Moral rights refer to the idea that a copyrighted work is an expression of the personality and humanity of its
author or creator. They include:
Moral rights cannot always be transferred by the creator to a third party, and some of them do not expire in
certain countries.
Generally, exceptions and limitations to copyright are subject to a three-step test initially set out in the
Berne Convention and repeated in a number of other international agreements. Briefly stated, the Berne
Convention provides that an exception or limitation to copyright is permissible only if
(2) it does not conflict with the normal exploitation of the work
(3) it does not unreasonably prejudice the legitimate interests of the author.
Within that standard, exceptions and limitations vary substantially from country to country in number and
scope, who is entitled to benefit from them, and whether or not they include an obligation to compensate
the rightsholders whose rights are so limited.
In the United Kingdom and many of its former colonies (including Ireland, Canada, Hong Kong, Australia and
New Zealand), the principle of “fair dealing” covers a substantial scope of uses where prior permission is
not needed. The criteria for what is considered to be fair dealing are listed in the law in each of those
countries, without mentioning every specific possible use. In the United States (and, more recently, Israel,
Poland and possibly a few other countries), the concept of “fair use” covers certain uses that, on balance,
are deemed not to impinge on the rights of the copyright holder sufficiently, and/or are deemed to serve
a sufficiently important public-policy goal, that they are permitted without the authorization of the
copyright holder. The factors assessed by a court to determine fair use are set forth in each country’s
statute and case law.
In the case where a copyright-sensitive use needs to be made (such as a reproduction for business use),
permission can usually be obtained:
In some countries, that permission is granted by law (a “legal license”) in exchange for a designated
payment.
Collective licensing at an
international level
In many countries, copyright collective management organizations (also known as collecting societies or
“collective management organizations” or “CMOs”)
There are collective management organizations that specialize in different categories of works and creators.
In the field of text and image-based works these organizations are called Reproduction Rights Organisations
(RROs). They typically deal with the licensing of secondary uses of books, journals, newspapers and
magazines – in both their paper formats AND their online or digital formats – and in some cases also with
visual content such as motion pictures, photographs and illustrations.
Copyright Clearance Center (CCC), the parent organization of RightsDirect, is an RRO itself. There are RROs
in almost 80 countries, ranging from sophisticated organizations with long histories to start-up organizations
in developing countries. Most RROs belong to the International Federation of Reproduction Rights
Organisations (IFRRO).
RROs around the world work with different licensing models either required or permitted by their local
copyright law. According to IFRRO’s Quick Guide there are three basic types of RRO licensing models
Some RROs offer a combination of features from the three licensing models. RRO licenses can also differ in
the number and types of works they include, the types of uses they allow, and their geographic scope.
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