Understanding Copyright Law Fall 2011 International Business Law - Jeffrey Pittman1

 To begin our look at an expansive area of law, consider copyright issues in “Abracadabra! Dutch court fines magician over act”Abracadabra! Dutch court fines magician over act Copyright Law – Magic International Business Law - Jeffrey Pittman2

Although cartoon in nature, the following copyright videos provide an interesting introduction to copyright law  YouTube Copyright School YouTube Copyright School  Copyright Basics Copyright Basics International Business Law - Jeffrey Pittman3 Copyright Law Videos

 A major source of international copyright law is The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention)  The convention was first accepted in Berne, Switzerland in 1886  Nearly every country today is a signatory of the Berne Convention (see Contracting Parties)Contracting Parties The Berne Convention for the Protection of Literary and Artistic Works International Business Law - Jeffrey Pittman4

 The Berne Convention was developed in part through the efforts of Victor Hugo, through the Association Littéraire et Artistique Internationale  The Convention was influenced by the French "right of the author" (droit d'auteur), contrasting with a concept of "copyright" focusing only on economic concerns Berne Convention History International Business Law - Jeffrey Pittman5

There are three basic principles under the Berne Convention: 1.Works originating in one of the contracting States must be given the same protection in each of the other contracting States as the latter grants to the works of its own nationals (principle of “national treatment”) Berne Convention International Business Law - Jeffrey Pittman6

There are three basic principles under the Berne Convention: 2.Such protection must not be conditional upon compliance with any formality (principle of “automatic” protection) Berne Convention International Business Law - Jeffrey Pittman7

There are three basic principles under the Berne Convention: 3.Such protection is independent of the existence of protection in the country of origin of the work (principle of the “independence” of protection) Berne Convention International Business Law - Jeffrey Pittman8

Copyright protects “literary and artistic works” that are original works of authorship  Expressions are protected, not the underlying ideas or concepts  Original means the works are not copied from another  The ideas in the work do not need to be original, but the form of expression must be an original creation of the author  There must be some nominal creativity by the author Copyright Law Basics 1- What May Be Protected International Business Law - Jeffrey Pittman9

‘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...’literary and artistic works Berne Convention Article 2 – Protected Works International Business Law - Jeffrey Pittman10

“Literary and artistic works” is a broad category and includes the following works, and others beyond this list  Books, pamphlets and other writings  Lectures, addresses, sermons  Dramatic or dramatico-musical works  Cinematographic and choreographic works  Musical compositions  Drawing, painting, architecture, sculpture, engraving and lithography International Business Law - Jeffrey Pittman11 Berne Convention Article 2 – Protected Works

Lectures International Business Law - Jeffrey Pittman12

Architecture International Business Law - Jeffrey Pittman13

Sculpture International Business Law - Jeffrey Pittman14

Music International Business Law - Jeffrey Pittman15

Books International Business Law - Jeffrey Pittman16

Choreographic Works International Business Law - Jeffrey Pittman17

Movies International Business Law - Jeffrey Pittman18

Paintings International Business Law - Jeffrey Pittman19

Computer Programs International Business Law - Jeffrey Pittman20

 Databases – see WIPO Copyright Treaty (WCT), Article 5WIPO Copyright Treaty  “Compilations of data or other material, in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations, are protected as such. This protection does not extend to the data or the material itself and is without prejudice to any copyright subsisting in the data or material contained in the compilation”  Copyright protection of product designs  Architecture issues Special Copyright Protection Issues International Business Law - Jeffrey Pittman21

There are two types of rights protected under copyright law  Economic rights, which allow the rights owner to derive financial reward from the use of his works by others  Moral rights, which allow the author to take certain actions to preserve the personal link between himself and the work International Business Law - Jeffrey Pittman22 Copyright Law Basics 2. Rights Protected Under Copyright

Economics rights - the copyright owner of a work can prohibit or authorize:  Reproduction in various forms, such as printed publications or sound recordings  Distribution of copies  Public performance  Broadcasting or other communication to the public  Translation into other languages, and  Adaptation, such as a novel into a screenplay International Business Law - Jeffrey Pittman23 Economics Rights under Copyright

 Moral rights include the right to claim authorship of the work (sometimes called the right of paternity); and  the right to object to any distortion or modification of the work, or other derogatory action in relation to the work, which would be prejudicial to the author’s honor or reputation (sometimes called the right of integrity)  The Berne Convention requires moral rights to be independent of the author’s economic rights, and to remain with the author even after he has transferred his economic rights. Moral Rights under Copyright International Business Law - Jeffrey Pittman24

 The first limitation is the exclusion from copyright protection of certain categories of works  In some countries (for example, the US), works are excluded from protection if they are not fixed in tangible form  Thus, a work of choreography would only be protected once the movements were written down in dance notation or recorded on videotape  In certain countries (for example, the US), the texts of laws, court and administrative decisions are excluded from copyright protection International Business Law - Jeffrey Pittman25 Limitations on Rights

 The second category of limitations concerns particular acts of exploitation, normally requiring the authorization of the rights owner, which may, under circumstances specified in the law, be carried out without authorization  There are two basic types of limitations in this category: (a) free use, which carries no obligation to compensate the rights owner for the use of his work without authorization; and (b) non-voluntary licenses, which do require that compensation be paid to the rights owner for non- authorized exploitation International Business Law - Jeffrey Pittman26 Limitations on Rights (Cont.)

 Quoting from a protected work, provided that the source of the quotation and the name of the author is mentioned, and that the extent of the quotation is compatible with fair practice;  Use of works by way of illustration for teaching purposes; and  Use of works for the purpose of news reporting International Business Law - Jeffrey Pittman27 Examples of Free Use

 In addition to the specific categories of free use set out in national laws, the laws of some countries (for example, the US) recognize the concept known as fair use or fair dealing  This allows use of works without the authorization of the rights owner, taking into account factors such as:  the nature and purpose of the use, including whether it is for commercial purposes;  the nature of the work used;  the amount of the work used in relation to the work as a whole;  and the likely effect of the use on the potential commercial value of the work International Business Law - Jeffrey Pittman28 Fair Use

 For information on fair use in the United States, see Benedict.com Benedict.com  Use the fair use visualizer on the homepage  Analyze the 2 Live Crew/Pretty Woman dispute2 Live Crew/Pretty Woman International Business Law - Jeffrey Pittman29 Fair Use

 Author  Works made for hire  Licensing and assignment Copyright Law Basics 3. Copyright Ownership International Business Law - Jeffrey Pittman30

 The period or duration of copyright begins from the moment when the work has been created, or, under some national laws, when it has been expressed in a tangible form  Copyright continues, in general, until some time after the death of the author . Copyright Law Basics 4. Duration of Copyright Ownership International Business Law - Jeffrey Pittman31

 In countries party to the Berne Convention, and in many other countries, the duration of copyright provided for by national law is as a general rule the life of the author plus not less than 50 years after his death  The European Union, the United States of America and several others have extended the term of copyright to 70 years after the death of the author Copyright Duration International Business Law - Jeffrey Pittman32

 In the United States, damages for copyright violations are listed in Remedies for infringement: Damages and profitsRemedies for infringement: Damages and profits  The basic level of copyright damages is between $750 and $30,000 per work, at the discretion of the court  Plaintiffs who prove willful infringement may be entitled to damages up to $150,000 per work infringed Copyright Law Basics 5. Copyright Damages International Business Law - Jeffrey Pittman33

 The World Intellectual Property Organization (WIPO) is an international organization dedicated to ensuring that the rights of creators and owners of intellectual property are protected worldwide, and that inventors and authors are thus recognized and rewarded for their ingenuity International Business Law - Jeffrey Pittman34 The Role of WIPO

WIPO administers the following international treaties on copyright and related rights:  Berne Convention for the Protection of Literary and Artistic Works Berne Convention  Brussels Convention Relating to the Distribution of Program- Carrying Signals Transmitted by Satellite Brussels Convention  Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms Geneva Convention  Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations Rome Convention  WIPO Copyright Treaty (WCT) WIPO Copyright Treaty  WIPO Performances and Phonograms Treaty (WPPT) WIPO Performances and Phonograms Treaty International Business Law - Jeffrey Pittman35 The Role of WIPO