7. Duration of copyright

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Copyright Protection ◽  
General Rule ◽  
Moral Rights ◽  
Sound Recordings ◽  
Artistic Works ◽  
The Uk ◽  
Duration Of Protection ◽  
The Eu

This chapter examines the debate over the question of the appropriate period of protection that ought to be granted to copyright works, with emphasis on literary, dramatic, musical, and artistic works as well as films and entrepreneurial works (sound recordings, broadcasts, and typographical arrangements of published editions). It begins by considering the provisions of the EU Term Directive with regards to the duration of protection for such works and then discusses a number of exceptions to the general rule that the duration of copyright works is life plus 70 years. It also analyses moral rights of integrity and attribution in the UK in relation to copyright, as well as the so-called publication right in works in which copyright has lapsed. The chapter concludes with an assessment of the optimal term of copyright protection.

12. The term of copyright

2019 ◽  
pp. 212-218
Author(s):  
Paul Torremans
Keyword(s):  
Copyright Protection ◽  
Basic Rule ◽  
Sound Recordings ◽  
Artistic Works ◽  
The Uk ◽  
The Eu

This chapter discusses the duration of copyright protection in the UK. The basic rule is that the term of copyright has been harmonized at life of the author plus 70 years in the EU. The basic rule applies to the original category of works (literary, dramatic, musical, and artistic works) and to films. Entrepreneurial works, such as sound recordings and broadcasts, receive 50 years of copyright protection. Performances fixated in a phonogram will in future be protected for 70 years. The term of protection for typographical arrangements is 25 years.

4. Criteria for protection

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Copyright Protection ◽  
Sound Recordings ◽  
Original Works ◽  
The Common ◽  
Artistic Works ◽  
European Standards ◽  
The Uk ◽  
Material Form

This chapter examines the criteria used to determine whether a work is to be protected by copyright. More specifically, it considers the requirements for copyright protection: the work must be recorded in a material form; must be ‘original’; should be sufficiently connected to the UK to qualify for protection under UK law; and should not be excluded from protection on public policy grounds. The originality requirement applies to literary, dramatic, musical, and artistic works (authorial works), not to entrepreneurial works (sound recordings, films, broadcasts, and typographical arrangements). The common characteristics of originality are also discussed, along with British conception of originality, harmonization of ‘originality’ in Europe, differences between British and European standards on originality, and the issue of whether the UK can-and does-protect non-original works. The chapter concludes by focusing on subject matter excluded from copyright protection.

scholarly journals Copyright and Copyright Protection

2016 ◽  
Vol 2 (4) ◽  
pp. 36
Author(s):  
Safet Emruli ◽  
Agim Nuhiu ◽  
Besa Kadriu
Keyword(s):  
Copyright Protection ◽  
Key Agreement ◽  
Third Parties ◽  
Moral Rights ◽  
Legal Rights ◽  
Financial Reward ◽  
Economic Rights ◽  
Bern Convention ◽  
Artistic Works ◽  
The Right

One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.

11. Qualification

2019 ◽  
pp. 208-211
Author(s):  
Paul Torremans
Keyword(s):  
Member State ◽  
Copyright Protection ◽  
Trips Agreement ◽  
Personal Relationship ◽  
Berne Convention ◽  
National Treatment ◽  
Artistic Works ◽  
The Uk ◽  
Principle Of National Treatment

This chapter discusses the qualification requirement for copyright protection in the UK. The UK copyright system is based on the principle of national treatment contained in the Berne Convention for the Protection of Literary and Artistic Works 1886, in the Universal Copyright Convention, and in the TRIPS Agreement. This requires that authors connected with another member state are to be treated in the same way as a member state’s own authors and should receive the same copyright protection. That connection with a member state might be provided in two ways: the author may have a personal relationship with the member state, or the work may be first published in that member state.

From the gut? Questions on Artificial Intelligence and music

2020 ◽  
Vol 10 (4) ◽  
pp. 503-513
Author(s):  
Florian Koempel ◽  
Keyword(s):  
Artificial Intelligence ◽  
Copyright Protection ◽  
Music Industry ◽  
Training Process ◽  
Sound Recordings ◽  
Legal Requirement ◽  
Human Creativity ◽  
Musical Works ◽  
Youtube Videos ◽  
The Eu

AI applications are manifold in the music industry, both as tools assisting composers in creating and as music generating machines. AI applications assisting composers are widely used, for example in providing drum sequences or mastering services. AI-generated music is mainly used as production music, for example in synchronizing YouTube videos. Copyright implications relate initially to the use of existing works to train the computer, and secondly to the copyright protection for AI-generated musical works or sound recordings. This article firstly looks at the copyright acts involved in the training process in the EU, UK and US as well as potentially applicable exceptions. Secondly, it addresses the copyright position of AI-generated music and in particular the legal requirement of human creativity as the basis of copyright protection for musical works. The situation for sound recordings might be different.

2. Subsistence of copyright

2019 ◽  
pp. 29-59
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
Copyright Protection ◽  
Property Right ◽  
Sound Recordings ◽  
Artistic Works

This chapter examines the subsistence of copyright. Subsistence is a central requirement for copyright protection — unless it is established that copyright subsists in one's work, one cannot make a viable claim that someone else has used one's work without permission. Section 1 of the Copyright, Designs and Patents Act 1988 (CDPA) declares that copyright is a property right which subsists in an exhaustive, or closed, list of eight different categories of ‘work’: original literary, dramatic, musical, or artistic works; sound recordings, films, or broadcasts; and the typographical arrangement of published editions. Originality is the paramount criterion of copyright protection. For this reason, there are a great many cases that consider how to define the level of originality required for a piece of literature, drama, music, or art to be protected.

scholarly journals Copyright and Copyright Protection

2016 ◽  
Vol 6 (1) ◽  
pp. 36
Author(s):  
Safet Emruli ◽  
Agim Nuhiu ◽  
Besa Kadriu
Keyword(s):  
Copyright Protection ◽  
Key Agreement ◽  
Third Parties ◽  
Moral Rights ◽  
Legal Rights ◽  
Financial Reward ◽  
Economic Rights ◽  
Bern Convention ◽  
Artistic Works ◽  
The Right

One of the legal intellectual property disciplines are copyrights which concerns artistic and literary works. Copyright is: bundle of exclusive legal rights that has to do with protection of literary and artistic works. It is granted to authors and artists to protect expressive works against unauthorized reproduction or distribution by third parties. Copyright protect “works”, expression of thoughts and ideas. Literary, dramatic, musical and artistic works must be original, it means not to be a copy. Copyright covers two other types of right: economic rights, the right of the owner to benefit financial reward from use of his work by others and moral rights which always have to do with original holder no matter if economic rights are transferred or not. Economic rights can be transferred. Bern Convention for the Protection of the Literary and Artistic Works is international key agreement and the oldest multilateral agreement in the field of copyright. Copyright subsists automatically on the creation of a work, no application needed, nor do any formalities apply. Nature of copyright is territorial and the minimum term of protection is life of the author plus 50 years after his/her death. In European Union and in certain number of countries, terms of protections of are extended to life of the author plus 70 years after his/her death.

29. Copyright protection for designs

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Copyright Protection ◽  
Copyright Law ◽  
Artistic Works ◽  
The Uk ◽  
Design Protection

This chapter deals with the conditions under which copyright law might protect designs as well as the limitations on the term of design protection. It first considers the subsistence of copyright in designs via two routes: either directly, by protecting the form and decoration of articles as artistic works (particularly sculptures, engravings, or works of artistic craftsmanship), or indirectly, by protecting the author of a preliminary document on which a design is based. It then discusses section 52 of the UK Copyright, Designs and Patents Act 1988, which limited the term of protection of copyright for mass-produced designs to twenty-five years, and its demise.

From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland

2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre
Keyword(s):  
General Rule ◽  
The State ◽  
The Other ◽  
Specific Field ◽  
Widespread Phenomenon ◽  
Judicialization Of Politics ◽  
The Uk ◽  
Migration Law

Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

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