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3036 W7 Copyright & Ownership

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Eben J Muse

on 6 March 2018

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Transcript of 3036 W7 Copyright & Ownership

Berne Convention
Implications for Authors
Remedies
Injunction
Damages
Account of profits
"Delivery up" (destruction)
Minimum standard
Copyright must be automatic; once work is "fixed" author has all copyrights
Lasts at least 50 years after author's death
If author unknown, lasts 50 years after publication
Allows for "fair use"
Get it in writing
Donoghue v Allied Newspapers [1938]
http://achristie.com/wp-content/uploads/2015/09/Donoghue-v-Allied-NP-Ch-1938-copy.pdf
http://www.teleread.com/copy-right/copyright-extension-kills-books-study-finds/
https://juliareda.eu/copyright-evaluation-report-explained/
TRIPS Agreement
World Trade Organization
Authorship as a human right
28. The moral and material interests of authors are deeply affected by copyright policy, which in some ways falls short of adequately protecting authorship. In other ways, copyright laws often go too far, unnecessarily limiting cultural freedom and participation. Unlike copyrights, the human right to protection of authorship is non-transferable, grounded on the concept of human dignity, and may be claimed only by the human creator, “whether man or woman, individual or group of individuals”. Even when an author sells their copyright interest to a corporate publisher or distributer, the right to protection of authorship remains with the human author(s) whose creative vision gave expression to the work.
"Copyright policy and the right to science and culture" UN Human Rights Council
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Universal Declaration of Human Rights
Protect economic right or protect moral right
Indiginous Peoples and common culture
French author Antoine de Saint-Exupéry’s novel ‘The Little Prince’ has been in the public domain for the last 20 years in Canada – having a 50 year copyright term. In Europe it only entered the public domain on 1 January 2015, except for France where this will only happen somewhere between 1 May 2033 and 1 January 2045 – depending on the interpretation of the rules.
Purpose
An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned

Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing, Reprinting, and Publishing, or causing to be Printed, Reprinted, and Published Books, and other Writings, without the Consent of the Authors or Proprietors of such Books and Writings, to their very great Detriment, and too often to the Ruin of them and their Families:
For Preventing therefore such Practices for the future
, and
for the Encouragement of Learned Men to Compose and Write useful Books
;
Statute of Queen Anne 1709
The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
United States Constitution, Article I, Section 8
Ownership
Individual or group that authored the work normally have copyright: ‘first owner of copyright’
If produced as part of employment, employer normally is first owner
Copyright of freelance work normally stays with author
Copyright may be transferred or sold
Rights cannot be claimed for any part of a work which is a copy taken from a previous work.
Only the owner, or his exclusive licensee can bring proceedings in the courts.
The Law (UK)
Duration
70 years from the end of the calendar year in which the last remaining author of the work dies.
Restrictions
Copy the work.
Rent, lend or issue copies of the work to the public.
Perform, broadcast or show the work in public.
Adapt the work.
Moral Rights
The right to be identified as the author.
Right to object to derogatory treatment.
The Law (Internatinal)
Trade-Related Aspects of Intellectual Property Rights
Berne 3-step test
It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works
in certain special cases
, provided that such reproduction
does not conflict with a normal exploitation of the work
and
does not unreasonably prejudice the legitimate interests of the author
.
Article 9 of the Berne Convention
Exceptions
Research and private study
text and data mining
criticism / review / quotation
news reporting
teaching
time-shifting
parody, caricature and pastiche
illustration for teaching
Copyright, Designs and Patents Act 1988
Creator's Rights Manifesto
http://www.societyofauthors.org/rates-and-guidelines
Prose:
£180 per 1,000 words.
Where an extract is complete in itself (e.g. a chapter or a short story) an additional fee may be charged at half the rate applicable for 1,000 words. Rates are normally reduced for quotations to be used in non-commercial critical or scholarly works.
Poetry:
£148 for the first ten lines; £2.85 per line for the next twenty lines; and £1.85 per line thereafter.
Rates are normally reduced if the poem appears in a literary or scholarly journal, in an anthology which cont
1 Copyright and copyright works.
(1) Copyright is a property right which subsists in accordance with this Part in the following descriptions of work—
(a) original literary, dramatic, musical or artistic works,
(b) sound recordings, films [F1or broadcasts], and
(c) the typographical arrangement of published editions.
Copyright, Designs and Patents Act 1988

http://media.gn.apc.org/feesguide/commission.html
Copyright and Ownership
Downside
By “open access” to this literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited.
Open Access
Budapest Open Access Initiative
Gratis versus libre
Copyleft
Infographic created by Lemonly.
Creative Commons
License for use
Most artists seeking to earn a living from artistic expressions must negotiate copyright licences with corporations to commercialize their works. Those contractual exchanges are often marked by an imbalance of power between the parties. Corporations may leverage a stronger bargaining position to retain most of the resulting profit, reducing benefits for artists. Copyright policy can help protect authors from such vulnerability. […]
In 2014, the German Ministry of the Interior tried to argue that a citizen could not publish the response to their Freedom of Information request online due to copyright reasons.
Nine Member States reported obstacles in ensuring that public domain material remains in the public domain after digitisation […] the legal stand of some digital reproductions of public domain works lacks clarity and requires further attention.
Positive macroeconomic effects can only be documented for short protection terms of below about 30 years.
Along with the Internet as a zero-cost global publishing medium, this phenomenon has brought about a broad creative revolution, enabling a wealth of emerging practices in which new works are created by transforming existing ones.
The vast majority of end users/consumers […] the vast majority of institutional users […] most service providers […] consider that hyperlinks to a work or other protected subject matter should not be subject to authorisation by the rightholder.
While it is legal to take a picture of the Eiffel Tower during the day (because its copyright has expired) that is not the case at night, because there is an independent copyright protection of the Eiffel Tower’s light show.
The current legal framework hinders libraries from fulfilling [their] essential services for our society in the digital era.
Reda Report to European Union
2015
http://www.legislation.gov.uk/ukpga/1988/48/contents
Copyright is an automatic right and arises whenever an individual or company creates a work.
A work should be regarded as original
A work should exhibit a degree of labour, skill or judgement.
Work that expresses an idea may be protected, but not the idea behind it.

http://www.communia-association.org/2015/01/23/the-little-prince-almost-in-the-public-domain/
http://onlinelibrary.wiley.com/doi/10.1111/j.1747-1796.2004.tb00260.x/pdf
1995
A matter of fact, degree and impression
Does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair.
Fair Dealing (UK)
Is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken?
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
Fair Use (USA)
An ethnic nation—a people, in other words—can be said to have enduring, comprehensive rights in its own cultural productions and ideas. These include the right to exercise total control over the representation ofsuch productions and ideas by outsiders, even in the latter’s personal memoirs, drawings, and fictional creations.

A group’s relationship to its cultural productions constitutes a form of ownership. This ownership may be literal—that is, based on some comprehensive definition of cultural or intellectual property—or metaphorical, reflecting universal recognition that in moral terms a group "owns" the ideas and practices that it holds dear

Cultural information pertaining to ethnic minorities that was gathered in the past by anthropologists, missionaries, government administrators, filmmakers, and novelists is by definition so contaminated by the realities of colonial power that it cannot meet today’s standards of informed consent.

Brown, MF. 1998. "Can Culture Be Copyrighted". Current Anthropology 39(2)/
Charge for use of quotes
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