A glossary on Copyright
Adaptations and transformation – common types of a derivative work indeed a new version of an already existing work. That refers to a new creation that relies on an earlier protected work; hence, the second work becomes original work with independent copyright. Substantial change to the previous work is required for protection and it always go along with a prior consent of the creator of the original work.
Anonymous work – Work that i published with an undisclosed, unknown creator or author or the author’s name in some way is not acknowledged. The copyright protection shall expire after 70 years after the work has been lawfully made available to the public.
Architecture work – An original design of a building created in any tangible medium of expression, including a constructed building or architectural plans, models, or drawings, is also subject to copyright protection. In essence, protected is the overall form as well as the arrangement and composition of space and elements in the design. In this regard, the there are specific rules that apply when it comes to determining the author in case of joint participation.
Artistic works – Any are particularly graphic works that includes mainly paintings, drawings, maps, photographs, sculptures and collages. Those works enjoy copyright protection and as alike all other their works their owners have exclusive rights with regards to this goods, i.e to reproduce, publish and communicate to the public.
Audiovisual work – The official definition is that these are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. Audiovisual work are protectable under copyright law. This, per se, means that the term “audiovisual works” refers broadly to any work that includes any series of related visual images, whether or not moving, and with or without sounds, as long as a machine or device is essential to the viewing of the related series of images.
Author – person that is the creator of the work and it is always natural person. In case of several person jointly creating a work, without possibility to separate the respective shares, they are joint authors. Exception: author is not the creator of the work itself if the work is commissioned for ordered for use.
Berne Convention for the Protection of literary and artistic works – The most important international treaty regarding the copyright law, with the idea to set a minimum harmonized standards aiming to protect the creator of the work. Came in force on September 9, 1886 in Berne, Switzerland. In essence, the Berne Convention clearly distinguishes the various types of works that could be copyrighted and establishes principles that shall be applicable in any county regardless where the work originate from. Moreover, the Convention clearly incorporates stronger author’s rights and reduces the protection formalities. Administered by WIPO.
Choreographic works – Choreographic works consist of composition and arrangement of movements indeed dance with the idea to be performed together with music.Their purpose is to be organized coherently and to present aggregated whole. Choreographic works also enjoy copyright protection and the performer is the one owning the rights.
Cinematographic works – Subcategory of an audiovisual work namely any work that embodies visual recording supported by a moving image on any medium. A typical example of cinematographic works is the movies and the produces is considered as author of the work. The others from the film crew (cameraman, actor, screenwriter, composer) have their individual right on their performance.
Collective work – is a joint work consisting of several separate existing material that are assembled into one which, as such is as a whole enjoys copyright protection . As a rule every consisting part of a collective work is, by any means copyrightable as individual element. Notable to many are the collective works such as encyclopedia, periodical issue etc.
Copyright – is intellectual property protection of an original work fixed on material object from being reproduced without the owner’s consent. Several requirements apply: the work has to be done by a person (works done by nature itself or animal works can not be copyrighted) as a result of the creator’s effort and skills and to be fixed in a material form.
Copyright Infringement – Unauthorised use of copyrighted work. The sole infringement act consists of copying, distributing or adapting a work without permission. The most frequent forms of infringement are unauthorised copying of protected content to a work that is distributed to the public, all diverse types of digital reproduction including downloading on the internet; photocopying when it comes to protected printed material. In technological era, encompassing the legal and technological measures to protect a work is also considered to be infringement.
Copyright symbols – The symbol © (the letter C in a circle) is usually used to denote copyright protection. The sign ℗, (P in a circle) refers to sound recording, phone records and phonogram. The permanent usage of the signs is not required for a work to be protected, moreover its function is only informative to present that a work enjoys copyright protection.
Databases – generally rest under the concept of trademark compilation and are also protected by copyright law. The protection of the databases is granted due to the systematic and methodical way they are arranged, if the whole work manifest certain level of originality.
Derivative works – work that is based upon another work; notwithstanding crucial is the latter work to embody the new author’s originality. Derivative work include all various adaptations of a work such as adaptations, translations, remixing previously released music, creating a sequel to a film etc. Editorial revisions, elaborations and modifications also belong in this category. Generally derivative work require prior permission of the right holder.
Duration of copyright – Copyright protection is secured automatically and is protected as soon as it exists, based generally on the life of the author plus with an extension from 70 years of the death of the creator. With respect to joint authors the copyright expires after the death of the last surviving author.
Exceptions – known as limitations of the copyright protection.In this category fall: criticism,parody, satire, reporting, person research or study, using works in judicial proceedings and works that help to enable more easily access to people with disabilities. These exceptions are known under the fair use doctrine in certain states. Other exceptions are using without remuneration for education purposes, public speeches, quotation, for private and other personal use in particular the main criteria for assessment the limitations are if the usage of the work by a third party not serve for a gaining a commercial interest and profit.
Joint work – work prepared by two or more individual without possibility for the parts of the authors to be individually isolated and besides, separately exploited. The protection depends on the author’s involvement and each joint author has protection to the extent of his/her contribution.
Literary works – Fundamentally, literary works are works intended to be read; they are not intended to be performed before an audience and generally their core idea is expressed in writing, through the use of narrative, descriptive, or explanatory text all works regardless whether they have literary merit. Standard literary works are: novels, manuscripts, reports, poems, articles, essays, speeches etc.
Material/ exploitation rights – Rights that can exclusively depend on the authors disposition how to use the work or whether to prevent others from using it without permission. The exploitation rights generally tend to enable the creator the right to use, to authorize use of, to set conditions or to prohibit use of the work. Only the creator has the right t use and reproduce the work, make the work available to the public, via recitation, performance and presentation …etc. Public is deemed anyone who is not connected by a personal relationship with the person exploiting the work. In any reverse case the owner can report the violation and ask for compensation. Nonetheless, the exclusive rights are time limited rights and after the period the work is in public domain.
Moral rights – Permanently linked rights to the creator that shows the link between the creator and the work. These rights perpetually belong to the author even if the author transfer the work because they are considered as reward for his/her creative input. This class of rights is composed of: right to claim authorship of the work, the right, moreover freedom to decide about publishing the work or not, right to prohibit any changes and modifications that will distort his work.
Musical works – Work that consists of music,composition or any melodies and harmonies, including any accompanying words and arrangement of instruments. The author of a musical composition is generally the composer and the lyricist. Musical works enjoy copyright protection.
Pantomimic works – The are also works that could be copyrightable. Pantomime is any act indeed the sole act of imitating, presenting, or acting out situations, characters, or events through the use of physical gestures and body movements. Pantomime as well as the other works has to have a story and to be fixed in a tangible medium in order to be protected and the author is the one performing the work.
Phonogram/Sound recordings – Phonograms are letter of combination or combination that represent a sound. Unlike works of the nature or animal works, animal and nature sounds are eligible to be copyrighted by the person who record them (eg. animal noises, ocean waves etc). Phonograms are copyrightable if they their performance or the other sounds is fixed on a medium. The phonogram producers have, as well as the author, has an exclusive right to grant a licence for the direct or indirect reproduction of the whole or a part of the phonogram, and to the distribution of the original or copies of the phonograms. The graphic symbol ℗ ; P-in-a-circle- stands for phonogram.
Plagiarism – concerns mostly literary works and is commonly known is presenting someone else’s work as your own. In this category falls copying words or ideas from someone else without giving credit to the author or not properly indicating the source of the information, wrong quotation etc.
Pseudonymous work – Work where the author’s identity is provided as a fictitious name i.e does not include the author’s actual identity but rather another name. Pseudonyms date long time ago when the art was banned and nowadays are adopted to hide the author’s real identity.
Public domain – Under public domain falls any work that is available to the public, indeed everything that can be freely used by anyone. In light of this, Works in public domain basically refer to works that can not be protected at all(exceptions of copyright protection), or works after the expiration of the copyright protection. Anyone can use a work in public domain without obtaining permission.
Public performance – any act or displaying the work in front of many people that are in no way related with the work itself. Performance is generally, considered as “public” if it take place in a public place and the audience is outside of a normal circle of friends and family. The rights of performance includes public reading of literary works, public performance of music, scenographic or any performance of choreographic or pantomimic works.
Right as an author – The legal institute copyright enables two exclusive rights that always follow the author. Those are material/exploitation rights and moral rights. The material rights are always linked to a financial reward moreover benefit and moral rights protect the non economic interests. In light of this material rights are authorization or prohibition of • reproduction of the work in various forms (such as printed publications or sound recordings) • distribution of copies of the work • public performance of the work • broadcasting or other communication of the work to the public • translation of the work into other languages • adaptation of the work, such as turning a novel into a screenplay. Moral rights only allow authors and creators to take certain actions to preserve and protect their link with their work. Only the material rights can be transferred to a third party.
Royalties – amount paid to the creator resulting from the sale or performance of the work. In general, revenues are paid to the legal owner by those who use the work for generating revenue.
Scope of copyright – The scope of protection generally depends on the kind of the protected work i.e the author has exclusive right to reproduce the work, prepare derivative works based upon the work, distribute copies of the work to the public, perform the work publicly (for music,play, dance, motion, pictures), display the copyrighted work publicly (paintings, sculptures, photographs). Perform the work publicly by means of a digital audio transmission (in the case of sound recordings). The owner may also authorize others to exercise these rights by giving license for effect of one or several of this rights.
Work for hire – This concept objective is the specific situation when an employee creates work within his employment responsibilities or the issue when the work is specially ordered or commissioned for use. In case of work for hire patterns, the author is not considered as creator of the work but rather the owner is the one who commissioned and paid for the work. In case the work has been done in scope of one’s employment duties, the employer is owner of the work.
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