A COPYRIGHT is a collection of rights that is automatically vested to someone who creates an original work of authorship, like a literary work, song, movie or software. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly.

The primary objective of copyright is to induce and reward authors, through the provision of property rights, to create new works and to make those works available to the public to enjoy. The theory is that, by granting certain exclusive rights to creators, which allow them to protect theory creative works against theft, they receive the economic rewards and the public receives the benefit of the creative work that might not otherwise be created or disseminated.

A work is an original intellectual creation.

ARTISTIC WORK

This refers to works such as a painting, sculpture, drawing, engraving, lithography, tapestry, photograph and other works of fine art whether of artistic quality or not. It can also refer to a building or a model of a building, whether the building or model is of artistic quality or not or an illustration, map, plan, sketch and a three-dimensional work relating to geography, topography, architecture or science. It also refers to a work of applied art.

 

 

COPYRIGHT PROTECTION PERIOD

In principle, as long as the national law says, but the minimum requirement under the Berne Convention is 50 years. The term is calculated from the end of year of the author’s death which is more practical.

WHAT IS DERIVATIVE RIGHT?

In copyright law, a derivative work is an expressive creation that includes major copyright-protected elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first.

WHAT ARE RELATED RIGHTS

Related rights are rights that in certain respects resemble copyright. The purpose of related rights is to protect the legal interests of certain persons and legal entities who contribute to making works available to the public. One obvious example is the singer or musician that performs a composer's work to the public. The overall purpose of these related rights is to protect those people or organizations that add substantial creative, technical or organizational skill in the process of bringing a work to the public.

ECONOMIC RIGHTS

Economic rights are that right that allows the author of a work to achieve some economic benefits from the use of his or her work by others. In economic rights the owner of the copyright in a work has the exclusive right to carry out or to authorize the following acts in relation to their work:

  • To reproduce the work in any manner or form
  • To publish the work
  • To perform or display the work in public
  • To broadcast the work
  • To make an adaptation, arrangement or other transformation of the work
  • To translate the work
  • To cause the work to be transmitted to subscribers to communications service;
  • To distribute the work to the public by sale, rental, public lending or otherwise;
  • To enter into a commercial rental arrangement in respect of an audiovisual work, a work reproduced in a sound recording or a musical work in the form of a notation
  • In the case of a computer program-to enter into a commercial rental arrangement in respect of the program
  • In the case of an artistic work-to include the work in a televised broadcast
  • To communicate the work in any other way to the public
  • To import copies of the work
 

RELATED RIGHTS ARE MAINLY GIVEN TO THREE CATEGORIES OF PEOPLE

1. PERFORMERS

The first of these related rights then are the rights of those who perform the works, namely the performers, singers, actors, dancers, musicians and so on. Example are String band or Custom dance below.