Authors' rights
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"Author's rights" is a term frequently used in connection with laws about intellectual property.
Rights |
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Theoretical distinctions |
Human rights |
Rights by beneficiary |
Other groups of rights |
The term is considered as a direct translation of the
Authors' rights have two distinct components: the economic rights in the work and the
The protection of the moral rights of an author is based on the view that a creative work is in some way an
Distinction between common law copyright and civil law authors' rights
It is common to draw a distinction in the treatment of authors and other interested parties between common law jurisdictions and civil law systems. Both copyright and authors' rights arose in the eighteenth century to address similar problems: the inequality in relations between authors and publishers (and between publishers themselves) if intellectual property is not recognized and protected, and the need to provide an income for authors other than patronage. Both systems provide for a monopoly right granted to the author for a limited term which can be transferred to another person, which was initially the right to copy or otherwise reproduce the work (hence "copyright") but has since been expanded to take account of technological developments.
It is an essential feature of authors' rights and of many copyright laws that the object which is protected must arise from the creativity of the author rather than from
- Common law: employer owns the copyright in work created by employees
- Civil law: employer enjoys an exclusive licence to the economic rights in work created by employees
Civil law systems have also been forceful in protecting the moral rights of authors, arguing that their creativity deserves protection as an integral part of their personality. The protection of the personality in common law jurisdiction has for long been separate from the law of copyright, embodied in such
Use in European Union law
The term "authors' rights" is used in
Germany
Under a bill proposed by the government of Chancellor Angela Merkel approved by the Bundestag, Germany infringement of copyright is equivalent to the crime of theft. The prison sentences for violations of copyright, exactly equal to those provided for the theft, are five years in prison and are the strictest in Europe. Even children under 18 years may be indicted for the offence. In addition, following the judgment of 20 October 1993 on the case Phil Collins, it was launched Article 12 (in the Treaty establishing the European Community), according to which states cannot discriminate against goods from other countries.
France
Since October 2009, as required under the Creation and Internet law n. 311, High Authority for the dissemination of works and protection of rights on the Internet (HADOPI) may order the ISP (Internet Service Provider), following a process of investigation and a series of warnings, to temporarily or permanently suspend the 'internet access to those who are caught downloading material illegally.
Italy
The Italian copyright law is governed primarily by Law 22 April 1941 n. 633, on "Protection of copyright and other rights associated with its exercise," and Article 2575 and following of the Civil Code (Book Five - Title IX: Of Intellectual property rights and on industrial inventions). Article 54 L.218 / 95 states as the proprietary rights are regulated by state law to use, although the advent of the internet complicate the identification of the place where the activity was carried out.
Related (or neighbouring) rights
Related rights (in German verwandte Schutzrechte), often referred to as neighbouring rights as a more direct translation of the French Droit Voisins, are property rights granted to people who are not the "author" of the work in the creative sense of the term. Typically these include performers, producers of phonograms (records, CDs, etc.), producers of films (as opposed to directors or scriptwriters) and broadcasting organisations. Related rights are generally more restricted than authors' rights in civil law countries, although they may be equivalent in common law countries where both fall under the same concept of "copyright". They are not directly covered by the Berne Convention, but are internationally protected by other treaties such as the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations.[11]
See also
- Association Littéraire et Artistique Internationale – International writers' organization (1878-)
- Continuation novel – Canonical sequel novel by a different author
- Copyright protection for fictional characters
- Japanese Society for Rights of Authors, Composers and Publishers
- Protection of Classics – Provision of copyright law in Nordic countries
- Sequel – Part of a linear narrative that continues the story of a previous work
- Société Plon et autres v. Pierre Hugo et autres – French Court case on authors' rights and public domain
- WALTIC (Writers' and Literary Translators' International Congress)
- AuthorShare
References
- WIPO)
- breach of statutory duty in the United Kingdom and Ireland: s. 103, Copyright, Designs and Patents Act 1988c. 48; s. 137, Copyright and Related Rights Act 2000 (No. 28 of 2000).
- ^ See § 2 Abs. 2 UrhG
- ^ See, e.g., §§ 7, 8, 9 UrhG
- ^ ss. 77–89, Copyright, Designs and Patents Act 1988 c. 48.
- Visual Artists Rights Act of 1990, Pub. L. No. 101-650, 104 Stat. 5089.
- ^ s. 85, Copyright, Designs and Patents Act 1988 c. 48. s. 114, Copyright and Related Rights Act, 2000 (No. 28 of 2000).
- Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights.
- .
- ^ ss. 2(1), 4(2), Copyright Act, 2000. s. 2(1), Copyright Laws 1976 to 1993.
- WIPO)
Further reading
- French droit d’auteur is defined in the first book of the Code of intellectual property. A good introduction is Droits d’auteur et droits voisins by Xavier Linant de Bellefonds, Dalloz, 200h 2, 2247047408.