Authors' rights

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"Author's rights" is a term frequently used in connection with laws about intellectual property.

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The term is considered as a direct translation of the French term droit d’auteur (also German Urheberrecht). It was first (1777) promoted in France by Pierre-Augustin Caron de Beaumarchais, who had close relations with Benjamin Franklin. It is generally used in relation to the copyright laws of civil law countries and in European Union law. Authors' rights are internationally protected by the Berne Convention for the Protection of Literary and Artistic Works and by other similar treaties. "Author" is used in a very wide sense, and includes composers, artists, sculptors and even architects: in general, the author is the person whose creativity led to the protected work being created, although the exact definition varies from country to country.

Authors' rights have two distinct components: the economic rights in the work and the moral rights of the author. The economic rights are a property right which is limited in time and which may be transferred by the author to other people in the same way as any other property (although many countries require that the transfer must be in the form of a written contract). They are intended to allow the author or their holder to profit financially from their creation, and include the right to authorize the reproduction of the work in any form (Article 9, Berne Convention) . The authors of dramatic works (plays, etc.) also have the right to authorize the public performance of their works (Article 11, Berne Convention).

The protection of the moral rights of an author is based on the view that a creative work is in some way an expression of the author's personality: the moral rights are therefore personal to the author and cannot be transferred to another person except by testament when the author dies. The moral rights regime differs greatly between countries, but typically includes the right to be identified as the author of the work and the right to object to any distortion or mutilation of the work which would be prejudicial to the author's honor or reputation (Article 6bis, Berne Convention). In many countries, the moral rights of an author are perpetual.

It is common to draw a distinction in the treatment of authors and other interested parties between common law jurisdictions and civil law systems. Both copyright and authors' rights arose in the eighteenth century to address similar problems: the inequality in relations between authors and publishers (and between publishers themselves) if intellectual property is not recognized and protected, and the need to provide an income for authors other than patronage. Both systems provide for a monopoly right granted to the author for a limited term which can be transferred to another person, which was initially the right to copy or otherwise reproduce the work (hence "copyright") but has since been expanded to take account of technological developments.

It is an essential feature of authors' rights and of many copyright laws that the object which is protected must arise from the creativity of the author rather than from their simple effort or investment (see Feist v. Rural in the United States): both French and German copyright laws protect "works of the mind" (oeuvres de l'esprit and persönliche geistige Schöpfungen, respectively). This has led civil law systems to adopt a strong link between the rights (at least initially) and the person of the author: the initial ownership rights by a corporation are severely restricted or even impossible (as in Germany ). Common law jurisdictions are more willing to accept corporate ownership of copyright, as in the U. S. work for hire principle. Although the following comparison is simplistic and dependent on the exact laws of individual countries, it is difficult to see an effective (economic) difference in the two situations:

Civil law systems have also been forceful in protecting the moral rights of authors, arguing that their creativity deserves protection as an integral part of their personality. The protection of the personality in common law jurisdiction has for long been separate from the law of copyright, embodied in such torts as defamation (also passing off and malicious falsehood). Moral rights were not, therefore, explicitly mentioned in UK copyright law until 1988, over a century after the United Kingdom signed the Berne Convention. The difference runs both ways: UK and Irish copyright laws protect the privacy of the subject of certain photographs and films as a moral right under copyright law, while civil law systems treat this as a separate portrait right. The different protections of industrial design rights cut across the divide between the two systems of law.

Use in European Union law

The term "authors' rights" is used in European Union law to avoid ambiguity, in preference to the more usual translation of droit d’auteur etc. as "copyright". The equivalent term in British and Irish law is "copyright (subsisting) in a literary, dramatic, musical or artistic work"; the term in Maltese and Cypriot law is similar, except that dramatic works are treated as a subset of literary works.

Germany

Under a bill proposed by the government of Chancellor Angela Merkel approved by the Bundestag, Germany infringement of copyright is equivalent to the crime of theft. The prison sentences for violations of copyright, exactly equal to those provided for the theft, are five years in prison and are the strictest in Europe. Even children under 18 years may be indicted for the offence. In addition, following the judgment of 20 October 1993 on the case Phil Collins, it was launched Article 12 (in the Treaty establishing the European Community), according to which states cannot discriminate against goods from other countries.

France

Since October 2009, as required under the Creation and Internet law n. 311, High Authority for the dissemination of works and protection of rights on the Internet (HADOPI) may order the ISP (Internet Service Provider), following a process of investigation and a series of warnings, to temporarily or permanently suspend the 'internet access to those who are caught downloading material illegally.

Italy

The Italian copyright law is governed primarily by Law 22 April 1941 n. 633, on "Protection of copyright and other rights associated with its exercise," and Article 2575 and following of the Civil Code (Book Five - Title IX: Of Intellectual property rights and on industrial inventions). Article 54 L.218 / 95 states as the proprietary rights are regulated by state law to use, although the advent of the internet complicate the identification of the place where the activity was carried out.

Related rights (in German verwandte Schutzrechte), often referred to as neighbouring rights as a more direct translation of the French Droit Voisins, are property rights granted to people who are not the "author" of the work in the creative sense of the term. Typically these include performers, producers of phonograms (records, CDs, etc.), producers of films (as opposed to directors or scriptwriters) and broadcasting organisations. Related rights are generally more restricted than authors' rights in civil law countries, although they may be equivalent in common law countries where both fall under the same concept of "copyright". They are not directly covered by the Berne Convention, but are internationally protected by other treaties such as the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations.

See also

Related Research Articles

<span class="mw-page-title-main">Copyright</span> Legal concept regulating rights of a creative work

A copyright is a type of intellectual property that gives the creator of an original work, or another right holder, the exclusive and legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

<span class="mw-page-title-main">WIPO Copyright Treaty</span>

The World Intellectual Property Organization Copyright Treaty is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2023, the treaty has 115 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties".

In international law, the Berne three-step test is a clause that is included in several international treaties on intellectual property. Signatories of those treaties agree to standardize possible limitations and exceptions to exclusive rights under their respective national copyright laws.

The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention.

<span class="mw-page-title-main">Copyright Duration Directive</span>

Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights is a European Union directive in the field of EU copyright law, made under the internal market provisions of the Treaty of Rome. It was replaced by the 2006 Copyright Term Directive (2006/116/EC).

<span class="mw-page-title-main">Moral rights</span> Copyrights related to attribution, anonymity, and integrity of the work

Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions.

The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations also known as the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations and the Rome Convention, secures protection in performances for performers, in phonograms for producers of phonograms and in broadcasts for broadcasting organizations.

Copyright in the Netherlands is governed by the Dutch Copyright Law, copyright is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.

The droit d'auteur or French authors' rights law, is in the jurisdiction of France a set of exclusive prerogatives available to a creator over his or her intellectual work, as part of the intellectual property area of law. It has been very influential in the development of authors' rights laws in other civil law jurisdictions, and in the development of international authors' rights law such as the Berne Convention. It has its roots in the 16th century, before the legal concept of copyright was developed in the United Kingdom. Based on the "rights of the author" instead of on the right to copy, its philosophy and terminology are different from those used in copyright law in common law jurisdictions. The term droit d’auteur reveals that the interests of the author are at the center of the system, not that of the investor.

The copyright law of Switzerland is based on the concept of "author's rights", which is similar to the French copyright law, instead of the concept of copyright used in common law jurisdictions. The current copyright law of Switzerland is the Swiss Federal Copyright Act of 1992, which dates from October 9, 1992 and has only seen minor revisions since then. In October 2007, a revision was approved in order to implement the WIPO Copyright Treaty in the act, a process started in 2004 with the release by the Swiss Federal Council of a draft project.

<span class="mw-page-title-main">Related rights</span> Intellectual property rights of a creative work not connected with the works actual author

In copyright law, related rights are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighbouring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law.

Copyright in Russia developed originally along the same lines as in Western European countries. A first copyright statute dated back to 1828, and in 1857, a general copyright term of fifty years was instituted. The copyright law of 1911 was inspired by Western laws of the continental European tradition. One noteworthy exception in Russian copyright law was the "freedom of translation"—any work could be freely translated into another language.

The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work.

The current Copyright law of the Russian Federation is codified in part IV of the Civil Code of the Russian Federation. It entered in force on January 1, 2008.

The international copyright relations of Russia were virtually non-existent for much of the Imperial era continuing into the history of the Soviet Union until the Cold War. The Russian Empire had only a few bilateral copyright treaties with other nations were concluded; these treaties moreover were weak and of short duration. The treaties from Imperial times had all expired by the time of the Russian Revolution.

<span class="mw-page-title-main">Berne Convention</span> 1886 international assembly and treaty

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are referred to as copyright; on the European continent they are generally referred to as author' rights or makerright.

Egyptian copyright law has evolved over time. The currently applicable legislation in Egypt with regard to copyright is Book Three of the Law on the Protection of Intellectual Property Rights 82 of 2002, which entered into force on 3 June 2002, the day following its publication in the Official Gazette. The implementing decree is Prime Ministerial Decree 497 of 2005.

<span class="mw-page-title-main">Collective work</span>

A collective work is a work that contains the works of several authors assembled and published under the direction of one natural or legal person who owns the copyright in the work as a whole. Definitions vary considerably from one country to another, but usually treat ownership of the work as a whole as distinct from ownership of the individual contributions, so the individual authors may retain the right to publish their work elsewhere. It is common for publication of articles on the Internet, when isolated from the context of the overall work, to be considered to be outside of the standard agreement between the author and the owner of the collective work.

Copyright law in Syria is regulated by the Copyright and Neighbouring Rights Law issued by Legislative Decree No. 62 of 2013. The Syrian Ministry of Culture, through its Copyright Office, is generally in charge of proposing copyright legislation to Parliament.

References

  1. ^ Berne Convention for the Protection of Literary and Artistic Works Archived 2012-09-11 at the Wayback Machine (from WIPO)
  2. ^ The infringement of the moral rights of an author is actionable as a breach of statutory duty in the United Kingdom and Ireland: s. 103, Copyright, Designs and Patents Act 1988 c. 48; s. 137, Copyright and Related Rights Act 2000 (No. 28 of 2000).
  3. ^ See § 2 Abs. 2 UrhG
  4. ^ See, e.g., §§  7, 8, 9 UrhG
  5. ^ ss. 7789, Copyright, Designs and Patents Act 1988 c. 48.
  6. ^ Irish and U.S. provisions are: ss. 107119, Copyright and Related Rights Act, 2000 (No. 28 of 2000). 17 U.S.C. §106A "Rights of certain authors to attribution and integrity", inserted by the Visual Artists Rights Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089.
  7. ^ s. 85, Copyright, Designs and Patents Act 1988 c. 48. s. 114, Copyright and Related Rights Act, 2000 (No. 28 of 2000).
  8. ^ See, e.g., "Article 1. Duration of authors' rights", Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights.
  9. ^ reg. 5, Duration of Copyright and Rights in Performances Regulations 1995 No. 3297, ISBN   0-11-053833-1; regs. 35, European Communities (Term of Protection of Copyright) Regulations, 1995 (S.I. No. 158 of 1995).
  10. ^ ss. 2(1), 4(2), Copyright Act, 2000. s. 2(1), Copyright Laws 1976 to 1993.
  11. ^ Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations Archived 2007-06-10 at the Wayback Machine (from WIPO)

Further reading