Copyright and related rights protection
Justice Agency for Intellectual Property – Copyright and related rights protection
Justice Agency for Intellectual Property – Copyright and related rights protection
What is Copyright?
Copyright is a legal term that describes the rights granted to creators in their literary and artistic works. Copyright covers a wide range of works, from books, music, paintings, sculptures and films to computer programs, databases, advertising, maps and technical drawings.
What can be protected by copyright?
Complete lists of copyrighted works are not usually found in legislation.
However, the following are, in general, common works protected by copyright around the world:
Literary works such as novels, poems, plays, reference works and newspaper articles;
Computer programs and databases;
Films, musical compositions and choreography;
Artistic works such as paintings, drawings, photographs and sculptures;
Architectural works;
Advertising, maps and technical drawings.
Copyright protection covers expressions rather than ideas, procedures, methods or mathematical concepts themselves. Copyright protection may or may not be available for a number of subjects, such as titles, short sentences or slogans, depending on the degree to which they contain an element of paternity.
What rights does copyright give me? What are my rights as the author of a work?
There are two types of rights granted by copyright:
Economic rights, which enable the owner to derive financial rewards from the use of his or her work by others;
and moral rights, which protect the author’s non-economic interests.
Most copyright laws provide that the owner of the rights has the economic right to authorize or prevent certain uses of a work or, in some cases, to receive remuneration for the use of his or her work (for example, through collective management). The owner of the economic rights in a work can authorize or prevent the following:
Reproduction of the work in various forms, such as printed publication or sound recording;
Public performance of the work, such as in plays or musical works;
Recordings of it, such as on CDs or digital videotapes;
and broadcasting it by radio, cable or satellite;
and translating it into other languages;
and adapting it from a novel into a film, for example.
Examples of widely recognized moral rights include the right to claim authorship of a work, and the right to object to changes made to a work that may damage the creator’s reputation.
Can I register copyright?
In most countries, under the Berne Convention, copyright protection is acquired automatically without the need for registration or other formalities.
However, in most countries, there is a system that enables voluntary registration of works. These voluntary registration systems can help resolve disputes over ownership or creativity, and facilitate financial transactions, sales, and assignments and/or transfers of rights.
Please note that WIPO does not provide a copyright registration system or a searchable database of copyright information. Learn more about copyright registration and documentation systems.
What is a “work”?
The term “work” is used in the context of copyright to refer to a wide range of intellectual creations, from novels to architecture to computer programs and more. For a more detailed list of works that can be protected by copyright, see the question What can be protected by copyright?
What is the © symbol? Should I include it in my work?
In the past, some countries had legislation that required the copyright holder to comply with certain formalities in order to obtain copyright protection. One such formality was to include a statement that someone claimed the copyright, which could be done by using the © symbol, for example. Today, only a few countries impose formalities on copyright, so the use of such symbols is no longer a legal requirement. However, many rights holders still include the © symbol as a prominent means of confirming that the work is protected by copyright and that the rights are reserved, as opposed to a less restrictive license.
How long does copyright protection last?
Copyrights have a set duration, which can vary according to the laws of each country. In countries that are party to the Berne Convention, this period should be 50 years or more after the creator’s death. However, longer periods may be provided domestically, and the time period is therefore determined by the law of the country in whose official jurisdiction protection is sought.
Can I protect my work internationally using copyright?
Firstly, it is important to note that copyright protection is automatically guaranteed in all countries that are party to the Berne Convention (see the question “Can I register copyright?”). While there may be slight differences in the specific local laws that apply in those countries, there is a high degree of consistency. You can consult national laws and treaties on this issue.
For countries that are not party to the Berne Convention, you should remember that copyright laws are territorial laws. In other words, they apply within the country that adopted them. Therefore, if you want to protect your work internationally, you should do your research and ensure that you comply with the relevant legal requirements in the country or countries in which you wish to protect your work.
What does it mean to “license” my work and how can I do this?
Once you become the owner of a work, you can grant permission to others to use or exploit your work. These permissions are generally referred to as “licenses” and may or may not involve a fee to the rights owner. It is always advisable to consult a legal expert before negotiating a licensing agreement.
If you want to license your work to users such as broadcasters, publishers, or even entertainment establishments (such as bars or nightclubs), joining a collective management organization may be a good option for you. These organizations monitor uses of works on behalf of creators and publishers, negotiate licenses, and collect remuneration. They are particularly common in the area of musical and artistic works, where the same work may be used by a large number of users and it is difficult for both the rights owner and the users to seek specific permission for each use and to monitor all uses.
Can I copyright my computer program or mobile application?
Computer programs and other software are considered literary works for copyright purposes. As such, they benefit from automatic protection without the need for registration. In some countries, voluntary registration for software may differ from voluntary registration for other types of works.
Is there a copyright registry/repository?
There is no international registry that can be searched for copyrighted works.
The general rule is that copyright protection is automatic and does not depend on registration. However, in some countries, you may find a voluntary copyright registry/repository and it may be wise to register your work there, as this can be very helpful in the event of a dispute over ownership of the work, for example.
Some countries require depositing samples of material published in the country concerned, although this may not affect copyright protection. Contact your national intellectual property office for more information.
My work has been copied without my permission. What can I do?
Before taking any steps, you should carefully assess whether the copying actually constitutes an infringement of your copyright (see the question on limitations and exceptions to copyright). If you believe that your rights have been infringed, you should try to identify the person responsible. If the problem cannot be resolved or is not adequately resolved informally, you may be able to seek legal redress from a court or other authority.
It is usually possible to bring a civil action in court to obtain a financial award and prevent the infringement from continuing or recurring. Before taking this step, it is often advisable – and in some countries obligatory – to start by sending a formal statement to the alleged infringer requesting that they stop the infringement and/or pay a reward.
Alternatively, if the unauthorized copying amounts to the criminal offence of copyright piracy, you may file a complaint with the police, public prosecutor or other competent authority in accordance with applicable local law.
In some cases, resorting to alternative dispute resolution mechanisms (such as mediation, arbitration, expert determination, neutral assessment, etc.) can provide a valuable alternative to court proceedings, as they can lead to a simpler, faster and cheaper resolution of the dispute.
If a copy of the work is made available online, it may be possible to notify the relevant Internet service provider and ask them to block access to the infringing copy. These procedures are commonly known as “notice and takedown procedures”.
If you are a member of a collective management organization, it is often sufficient to ask them to take appropriate action. If you are not a member of such an organization, you will have to take action yourself to protect your rights. In this case, it is often recommended that you hire a lawyer to do this on your behalf.
How can I manage copyrighted works? What are collective management organizations?
Collective management organizations monitor the uses of works on behalf of creators, negotiate licenses and collect remuneration. They are particularly common in the field of musical and artistic works, where the same work is likely to be used by a large number of users and it is therefore difficult for both the rights owner and the users to seek specific permission for each use and to monitor all uses.
Related rights are a separate set of rights that are copyright-like and are granted to persons or entities that help make works available to the public. The beneficiaries of related rights in national legislation are usually performers, producers of phonograms and broadcasting organizations.
The term can also refer to rights granted to persons or entities that produce subject matter that contains sufficient creativity or technical or organizational skill to warrant recognition by a right similar to copyright, even if it does not meet the conditions to be considered works under the copyright systems of some countries.
Some laws make it clear that the exercise of related rights should not be confused with, or in any way affect, copyright protection.
In some common cases, the author or right holder cannot manage his rights himself but resorts to collective management.
It may not always be realistic to manage copyright and related rights individually. For example, the author, performer, artistic producer or media person cannot contact each satellite channel separately to negotiate licenses and remuneration for the use of their songs on the other side.
It is not practical for a radio station to request specific permission from each author, artist and producer to use each song or TV series for broadcast.
Collective management organizations facilitate the removal of rights for the benefit of both parties and a financial reward for the rights holders.
Collective management is through delegation to others or delegation to professional organizations specialized in collective management to manage their rights. Authors, performers, producers and all other rights holders can simplify the management of these rights.
Exclusive rights and collective bargaining can provide an alternative solution to collective management.
In most cases, there are collective management organizations that may be for-profit or non-profit entities and their legal form may be private or public according to the reference they represent.
There are different types of collective management methods including mandatory legal collective management in addition to voluntary contractual collective management.
All of this comes from the point of view of facilitating matters of literary property, especially copyright and related rights, which if used and managed by their owner himself or by each participant in the production, this would be very difficult and this hinders the possibility of publishing literary works whether they are copyright or related rights
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