What is Copyright ?
Copyright subsists in original literary, artistic, musical or dramatic works. This includes books, poems, songs, works of architecture, computer programmes, paintings, drawings, music, maps, plans etc.
What are neighbouring rights?
Neighbouring rights subsists in performances, sound recordings and broadcasts.
What is the criteria for Copyright Protection?
Originality
What is the length of Copyright protection?
The minimum length of protection is life of the Author plus 50 years. However, this varies in different jurisdictions.
The general length of protection for Collective Works (e.g. audio-visual works) is 75 years from the date it was first published (or 75 years from the date it was first made available to the public where the work had not been after 25 years ). The length of protection varies depending on the jurisdiction.
What is the term of protection for Neighbouring Rights?
The minimum term of protection is 50 years. The length of protection varies depending on the jurisdiction.
What is the scope of Copyright protection?
Copyright protection subsists automatically and ownership rights can be enforced in different jurisdictions.
What are the rights of the author/owner of a copyrighted work?
The rights holder of a copyrighted work has the right to do, authorize or prohibit:
- Reproduction
- Translation
- Adaptation
- Distribution
- Rental
- Public display
- Importation
- Public performances
- Broadcasting
- Communication to the public of the work.
The rights holder of a copyrighted work also has the following moral rights:
- The right to be named as the author
- The right to object to any distortion of the work.
What are the rights of the performer, producer and broadcaster of a work?
A performer has the right to do, authorize and prevent:
- The broadcasting of the performance in a fixed form
- The fixation of their unfixed performance
- The reproduction of a fixation of their performance in any form
- The distribution of the fixation
- The rental to the public of the fixation or any copies created for the purposes of direct or indirect commercial gain
- The making available of the fixation through electronic means
A producer of a sound recording has the right to do, authorize and prevent:
- The direct or indirect reproduction of their sound recording in any form
- Importation of copies of the sounds recording
- The first public sale or distribution of the sound recording
- Adaptation or transformation of the sound recording
- Renting to the public the original or copies of the sound recording for the purposes of direct or indirect commercial gain
- Making the sound recording available to the public through electronic means
A broadcaster of a work has the right to do, authorize and prevent:
- The rebroadcasting of their broadcast
- The communication to the public of the broadcast
- The fixation of the broadcast
- The reproduction of the fixation of the broadcast.
Who can Own Copyright?
Any person or company that creates an original literary, artistic, musical or dramatic work can own copyright in the work. Copyright ownership is commonly found in the following industries
- Business
- Fashion
- Entertainment
- Video Games
- Pharmaceutical
- Film
- Art
- Innovation
- Agricultural
- Chemical
- Construction
- Educational
- Health
- Tourism