Copyrights & Neighboring Rights
By David Carnes, eHow Contributor
This is taken from e.how I felt it gave an interesting general overview to copyright and the current ways round it. I am particularly interested in the concept of Neighboring Rights which may well suit the regulation of copyright within a transmedial space.
Read more: Copyrights & Neighboring Rights | eHow.com http://www.ehow.com/about_5427372_copyrights-neighboring-rights.html#ixzz2C7b5QcOF
Copyrights are the fundamental
legal device by which certain exclusive rights to original works of authorship
are protected. Neighboring rights are rights granted under some legal regimes
(such as Japan's) that are extended to non-authors who are closely connected to
the production of the copyrighted work.
Requirements for Copyright Protection
In
most countries there are only three main requirements for copyright protection:
The object of protection must be an original work, it must be artistic or
semi-artistic in nature, and it must be expressed in a tangible medium. Books,
paintings and music recordings are protected along with maps, drawings,
reference works, photographs and software programs, among others. Some
countries require registration or copyright notification on published copies.
Exclusive Rights
The
holder of a copyright holds the exclusive right to produce, distribute,
perform, exhibit and adapt the work. She may also sell or license the copyright
to others.
Loopholes
Anyone
may use a small part of a work that is copyrighted without paying royalties, as
long as they properly attribute the work to the copyright holder (known as
"fair use"). It is also permissible to sell second-hand copies of
copyrighted works with no need to pay royalties, under the "first
sale" exception. An author may sell his copyright to someone else before
the work is even created, in which case it becomes a "work for hire"
and the buyer is treated as the original author (even if the buyer is a
corporation).
Public Domain
Copyrights
expire after a certain date, after which the work enters the public domain and
may be freely used by anyone. Expiration dates vary according to jurisdiction,
but generally extend several decades past the death of the author. If the
author is considered to be a corporation, the copyright may endure for a
century or more after its creation.
Neighboring Rights
Neighboring
rights, which do not exist in every jurisdiction, are granted to certain
parties who are not authors of the copyrighted work but who are intimately
connected to the work in some way. Neighboring rights are granted to
performers, broadcasters, phonograph producers, and electronic transmitters of
a copyrighted work. The rationale is that these parties either add original
artistic content to a particular expression of a work or participate in the
distribution of it, and that these acts are entitled to protection.
Examples of
neighboring rights include the right to indicate the name of the performer, the
right to control the act of broadcasting live performances, and the right to
control the act of reproducing transmitted programs. Neighboring rights arise
automatically (without registration or notification) when the act that triggers
them (such as a live broadcast) occurs, and typically expire several decades
later (50years under Japanese law). The United States has no defined concept of
neighboring rights.
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