Copyright and related rights

Literary and artistic property outside software: the work of authorship, works by several people, moral and economic rights, exceptions, the public domain, assignment and related rights.

  • 33 cards
  • 5 topics
  • Free

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Each topic is weighted the way the exam weighs it.

  1. Concepts
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  5. Scenarios

A few cards from the deck

  • Work of authorship: what is it?

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    A creation whose form is original, meaning it bears the stamp of its author's personality; it is protected with no registration or formality.

    Only the form is protected, never the idea: two authors may treat the same theme, and each keeps rights in their own expression.

  • A graphic designer signs an illustration contract that says only "all rights assigned". Why is this assignment fragile?

    • Each assigned right must be listed separately, with its scope, purpose, place and duration
    • An assignment must always be free of charge, or a judge cancels it
    • An assignment is valid only once filed with the INPI and recorded
    • An assignment can never run longer than five years, whatever the contract says
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    Each assigned right must be listed separately, with its scope, purpose, place and duration

    The law protects the author: an assignment must delimit each assigned right by scope, purpose, place and duration. A blanket formula does not transfer everything; it leaves the unlisted rights with the author.

  • Copyright arises from the … of an original work, with no … or formality.

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    Copyright arises from the creation of an original work, with no registration or formality.

    A deposit can prove the date, but it does not create the right: unlike a trademark or a patent, nothing has to be registered.

  • Moral rights: what is it?

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    Prerogatives tied to the author as a person: deciding on disclosure, being named, having the work's integrity respected, withdrawing it or changing one's mind.

    They are perpetual, inalienable and imprescriptible: even after a full assignment of exploitation rights, the author can object to a distortion of the work.