2) subsequent Ð get those rights from initial owners Ð could be also organizations
1. The primary subject of copyright is the author of the work. An author of a work is considered to be the natural person referred to in the usual way as an author on the original or copy of the work (presumption of authorship).
2. Other individuals and entities who acquired the rights to the works under the contract or the law.
copyright can be acquired all times
realization depends on legal capacity
does the nationality matter? Ð constitutional equality
those who added, print, typed, copied, other technical things Ð are not co-authorship.
Features:1) joint creative work; 2) one work as a result
2 types: 1) divisible 2) indivisible (each part can be use separate)
The difference between combined work and co-authorship is that co-authorship is one work.
Co-authors could publish their work separate in divisible works.
interview is always a co-authorship.
Where two or more people have created a single work protected by copyright and the contribution of each author is not distinct from that of the other(s), those people are generally joint authors and joint first owners (although this might not apply where, for example, these people are employees).
If someone wanted to copy or use a work of joint ownership in some way, all of the owners would have to agree to such a request, otherwise an infringement of copyright could still occur.
On the other hand where individual contributions are distinct or separate, each person would be the author of the part they created for instance where the music and lyrics of a song are created by two different people. In these circumstances, if you wished to use just the lyrics you would only need the permission of the copyright owner of those, but copying of the whole song would obviously need the permission of the copyright owner of the music too.
#20. The objects of the copyright protection
1. The objects of copyright works is as follows:
1) literary and artistic works , including:
novels , poems , articles and other writings;
lectures , speeches , sermons and other oral works;
dramatic, musical and dramatic works , pantomimes , dance and other theatrical works;
pieces of music ( with or without text);
paintings, architecture, sculpture and graphic art ;
photographic works ;
works of applied art;
illustrations, maps, plans , sketches and three -dimensional works relating to geography, topography, architecture or science;
translations , adaptations , arrangements and other alterations of a literary or artistic works ;
collected works, if they are in the selection or arrangement of their components is the result of intellectual activity;
2) computer programs;
3) compilations of data (databases ), if they are in the selection or arrangement of their components is the result of intellectual activity;
4) other works.
By Berne Convention: 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; 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
Collections of literary or artistic works such as encyclopaedias and anthologies
#21. The features of the work, protected by copyright
- Creative, novelty and originality of thought, ideas, images, compositions;
- The objective form of expression (written, three-dimensional, sound or video, images, etc.);
- The ability to play a certain way to understand other people.
#22. The objects, excluded from the copyright protection
Works that lack at least one of the features required for recognition of his works of science, literature and art. Results of containing no creativity, originality, or they are not expressed in an objective form. It is not considered subject to copyright purely technical work.
1) acts of public authorities and local self-government (laws, decrees, regulations, decisions, etc.), as well as their official translations;
2) State symbols of Ukraine, currency, logos, etc., approved by government authorities;
3) daily news or other information that constitute regular press information;
Copyright does not extend to any idea, procedure, method, process, concept, discovery, invention, utility model, industrial design, trademark, efficiency proposal, the usual data, even if they are expressed, described, explained, illustrated in the book, etc.
#23. Beginning of the copyright protection
There is no need for registration or to claim copyright in some way - protection is automatic at the point of creation.
An artist's idea is not protected by copyright but once the idea becomes a physical painting then it is protected
So as soon as an idea is given physical form, e.g. in a piece of writing, a photograph, music, a film, a web page, it is protected by copyright. This reinforces the point that even unpublished work is protected!
#24. The rights of the copyright owner
Moral copyright : the right of authorship ( to be recognized as the author of a work permit or prohibit the use of works under the real name of the author) , the right to a name ( nickname or no name, ie anonymous ) on disclosure ( to authorize or prohibit the publication of a work in any form including the right to withdraw the work at any time before the publication of the law) , the right to protection of reputation ( to protect the product, including its name from any distortion that may harm the dignity of the author). Property Copyright: This type of rights include the right to authorize and prohibit : the right to play ( play piece ) the right to distribute ( distribute copies of the work by any means ) , the right to import (import copies of a work for the purposes of distribution ) (right to public display or public performance ( exercise public display or perform the work) , the right of communication to the public ( public spovischuvaty work to the public by means of broadcasting or transmission by cable or by other similar means or in such a way that any person may have to access it online from anywhere at any time , at its option) , the right to translation ( shift work) , the right of conversion ( append , find ourselves obliged , arranging or otherwise adapt the work )
#25. Moral rights in the copyright
1. Moral rights: the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.
Moral intellectual property rights do not depend on economic rights.
The rights shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorized by the legislation.
Moral rights of intellectual property could not be alienated (transferred), with the exceptions established by law
1) request specifying your name in connection with your use of the work if practicable;
2) prohibit an indication of his name in connection with your use of the work;
3) choose an alias in connection with your use of the work;
4) on the integrity of the work.
#26. Material rights in the copyright
1) the right to use the work;
2) the exclusive right to authorize use of the work;
3) the right to prevent unauthorized use of a work, including to prohibit such use;Coping or reproducing, performing the work in public, making a sound recording of the work, making a picture of the work, broadcasting, translating and adopting its to use.
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.