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
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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.