What does TRIPS add to the Berne and Rome Convention? Allows members to use additional flexibilities, but first they notify other members.
Explain with illustrative examples the differences between the Anglo-American and Continental European conceptions of what copyright is for? Cont. Eur.- personal rights of the author. Anglo-Amer.-“fair dealing” entrepreneurship.
Explain what it means to say that a product may have more than one copyright, and give some examples? When the object has its own copyright and some other things, which compose it, have their own copyrights. Books are such example, it may be compilation of poems by author, in the different time. Songs may have such elements, words in it have own copyright and music has its own.
Give some examples to illustrate the difference between protectable and unprotectable ideas? 1. A copyright work may express certain ideas which are not protected because they have no connection with the literary, dramatic, musical or artistic nature of the work, example, and the literary work which doesn’t entitle the author to claim protection for his system or invention in such. 2. Certain ideas expressed by copyright work may not be protected because, although they are ideas of a literary, dramatic or artistic nature they are not original, or so commonplace as not to form a substantial part of work.
What is the significance of having explicit fixation requirement for literary, dramatic and musical works, but not for the other categories of copyright works? For copyright protection. The requirement of fixation still means that there is no copyright in the unrecorded spoken word, ad lib stage performance or musical composition. Since the copyright doesn’t come into the existence unless and until the recording is made copyright cofers no right on a speaker to stop people making recordings. Copyright will exist until the work is recorded in the either tangible or visible form.
What kinds of work must be “original” to enjoy copyright protection? There must be some evidence of independent skill or intellectual endeavor on the part of creator and that the work is not simply copied from an existing work.
Why are efforts, skill and labor not necessarily enough for originality? The mere expenditure of effort, skill and labor may not be sufficient to give rise to copyright if the end result is not work within the statutory categories. The simple copying doesn’t involve the requisite degree of activity to justify the award of copyright.
List all the elements to be considered in dealing with issues about originality. Which do you consider the most significant? 1 intellectual 2 aesthetic 3 not copied 4 labor of author.
What is needed for there to be a literary work? Any work than a dramatic or misical work which is written, spoken or sung and accordingly includes a table or complilation other than a database a computer program, design material for a computer program and a database
What is the difference between source code and object code? Are they both protected by copyright? Source code – computer language. Object code – translation by a computer running order or computer program.
What is it that copyright protects in relation to tables and compilations? Import and export lists, railway time tables, programmed schedule, football fixture list have poetry anthologies and football pool coupons.