Module 2: Copyright

Objectives After completing the study of this module you should be able to:

1. Define copyright and give examples of the types of works that are covered by copyright.

2. Explain in about 250 words the rights that are protected by copyright. (Reproduction rights, rights of performance, translation and adaptation).

3. Describe in 250 words the limitations that may exist on the rights covered by objective 2.

4. State the general duration of copyright given in the Berne Convention, the European Union and in the United States of America.

5. Explain how the ownership of copyright can be obtained and transferred.

6. List 5 measures that can be used to enforce rights.

7. Given a case study involving copyright issues, first identify those issues then indicate the applicable parts of the relevant treaties, which address the identified issues.

Introduction

This module on copyright explains the types of things that are protected under the heading of copyright, the rights that a copyright owner has and how they can be used for commercial advantage. Much of the law concerning

copyright is similar in all the countries that have signed international conventions and trade agreements. However, for a definitive answer to any copyright question your own country's laws should be consulted. You will see and hear reference to the Berne Convention and TRIPS Agreement in this module and they will be explained in some detail at the end of this module. For now just accept that they are the two most relevant international agreements in the field of copyright. Also explained are the remedies that copyright owners may take against any abuse of their rights. Again these remedies are available in most countries but you should consult your national law to be sure of the situation in your country.

What is Covered by Copyright?

As with all fields of intellectual property copyright is concerned with protecting the work of the human intellect. The domain of copyright is the protection of literary and artistic works. These include writings, music, and works

of the fine arts, such as paintings and sculptures, and technology-based works such as computer programs and electronic databases. Note that copyright protects works, that is the expression of thoughts, and not ideas. So if you imagine a plot, this, as such, is not protected. For example, a plot consisting of a story about young men and women falling in love despite family and caste obstacles would not be protected. Different writers may build stories based on a similar plot. But when you express it in a synopsis or in, say, a short story, or a play, the expression of the plot in that story will be protected. Hence, for example, Shakespeare’s play Romeo and Juliet would be considered as a

creative expression of that plot. Still, other writers may build new stories basedon a similar plot.

The Berne Convention (1886), which is the oldest international convention governing copyright, states the following in its Article 2: "The expression 'literary and artistic works' shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works, to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science. [.....] Translations,

adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work. [.....] Collections of literary or artistic work such as encyclopaedias and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works

forming part of such collections." There is no requirement that the literary and artistic work should be good or have artistic merits. It should, however, be original. The exact meaning of this requirement varies from

country to country, and it is often determined by case law. In very general terms one may say that in countries belonging to the common law tradition very little is required, other than that the work must not be a copy of another work and that the author should have displayed a minimum amount of skill, labor and judgement in making it.

In countries belonging to the civil law tradition, the requirement is often stronger, for example that the work must bear the stamp of the author's personality. A creative effort would be required from the author that may go beyond mere skill, labor or judgement.