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Types of works, which are usual, protected by (c)

What is matter are originality and materialization.

Duration - until author die and 70 years thereafter.

Types of works, which are usual, protected by (c)

- literary works (novels, poems, short stories, romantic works). We protect the form of the protection, the form is literary.

Unpublished work are protected too.

- Oral works in Ukraine are protected: lecture; sermons; public speech

- musical works

- artistic works: drawings, paintings; sculptures, architectural works.

It doesnÕt matter if they are representative or not realistic.

- the maps and technical drawings

- landscapes etc.

- motion pictures: films, audio works

- the works of applied art: choreographic works, phonograms and broadcasts.

AuthorÕs rights:

Author may use the work as he wishes/ exclude others from using his work without his authorization. (economic rights) Authorize others to make copies. ((the preparation of any reproduction that is substantially similar to that work). The right is exclusive. Right to use and to exclude from use.

Moral rights

When we enjoy the work we actually donÕt use it.

Use of the work - copying or reproducing/performing the work in public/making your sound recording of the work/making a notion picture of the work/broadcasting the work/translating and adapting

Only the exact copy will be qualified as reproducing.

Example:

I sit down and I sketched the cocktail napkin and I left my pen, IÕve done it by myself and itÕs fixed in a tangible medium

- itÕs not an original one

- I havenÕt copied off anything

Violation of copyright Ð reproduced work without authorÕs consent / used work in preparation of your derivative (ïîõ´äíà) work / distribute without permission/ publicly displayed

 

#16. The sources of the copyright

Sources are the copyright regulations , which primarily include laws , including the Law of Ukraine " On Copyright and Related Rights".

Equally important in the regulation of copyright relations is the typical copyright treaties ratified by the Cabinet of Ministers of Ukraine or on behalf of the relevant departments. The proper application of the law and unequivocal in the protection of copyrights of great importance to the jurisprudence of cases arising in the case of copyright infringement. The Supreme Court of Ukraine systematically summarizes and analyzes the practice makes appropriate conclusions reported by the courts.

A special group of contemporary sources make international copyright treaties : the Berne Convention for the Protection of Literary and Artistic Works ; World ( Geneva ) Convention on copyright convention , which creates the World Intellectual Property Organization , Geneva Convention for the protection of the interests of manufacturers of phonograms. Treaties establishing mutual rights and obligations of the participating countries and is the main legal forms of international cooperation in the field of copyright.

If an international treaty to which Ukraine is a party establishes rules other than those contained in the legislation of Ukraine on Copyright and Related Rights, the rules of the international treaty .



 

#17. Main principles of the Bern Convention

(a) 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 Ònational treatmentÓ).

(b) Such protection must not be conditional upon compliance with any formality (principle of ÒautomaticÓ protection).

(c) Such protection is independent of the existence of protection in the country of origin of the work (principle of the ÒindependenceÓ of protection). If, however, a contracting State provides for a longer term than the minimum prescribed by the Convention and the work ceases to be protected in the country of origin, protection may be denied once protection in the country of origin ceases

 

#18. The subjects of copyright


Date: 2015-12-18; view: 859


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