Copyright Defined
The definition proposed by the World Intellectual Property
Organization (WIPO) makes explicit the following
elements:
1. Copyright has to do with the rights of intellectual
creators , particularly those usually, though not
exclusively , connected with mass communication.
2. It is that system of legal protections an author enjoys
of the form of expression of ideas (AQUINO, Intellectual
Property Law Comments and Annotations, (2006))
hereinafter (AQUINO , intellectual Property).
Copyright
Principles in Copyright
1.Relates to artistic creations, such as books,
music, paintings, and sculptures, films and
technology-based works as well as to the
main
act which, in respect of literary and artistic
creations , may be made only by the author
or
his authorization (WIPO, Understanding
Copyright and Related Rights).
Principles in Copyright
2.Works are protected by the
sole fact of
their creation, irrespective of
their mode
or form of expression, as well
as their
content, quality or purpose
Principles in Copyright
Principles in Copyright
4.Protection extends only to the
expression of the idea, not to the
idea
itself or to any procedure, system,
method or operation, concept or
principle, discovery, or mere data
(IPC, Sec. 175).
Principles in Copyright
5.The copyright is
distinct from
the property in the
material
object subject to it (IPC,
Sec.181).
Principles in Copyright
6.Copyright, in the strict sense of the term, is purely
statutory right. Being a mere statutory grant, the rights
are
limited to what the statute confers. It may be obtained
and
enjoyed only with respect to the subjects and by the
persons, and on terms and conditions specified in the
stature. Accordingly, it can cover only the works falling
within statutory enumeration or description (Pearl & Dean
(Phil.) v. Shoemart, Inc , G.R.No.148222, August15,2003).
Principles in Copyright
Copyright vs Patent
Copyright covers the works of authorship like literary, musical and
dramatic work. On the other hand, patent protects those inventions
that are new and useful.
Copyrights are arts based while patent are science-based protections.
To apply for copyright , authorship must be original and real medium.
The requirements for patent are new, useful and non-obvious.
As the authorship work created, protection from copyright begins.
While, patent protection is not applicable, until patent is properly
issued.
Copyright is issued to the author until his/her life plus 50-70 years,
depends upon country law. On the other side, patent protection time
is different in different countries. Normally, patent provides protection
for 10-20 years from the date of application.
A copyright is almost free and paperwork is not very complicated. On
the contrary, applying process for patent is much difficult. The reason
is that checking process of invention is so lengthy and costly.
Trademark vs Copyright
The purpose of a copyright is to protect
DERIVATIVE WORKS
These are works based upon one or more
preexisting works, such as translation, musical
arrangement, dramatization, fictionalization,
motion picture version, sound recordings, art
reproduction, abridgment, condensation or any
other form in which a work may be recast,
transformed or adapted (AQUINO, Intellectual
Property Law, Comments and Annotations,2006)
Rules in Ownership
1. In case of original literary and artistic
Quick Check
1. Copyright ownership in the course of
2.
3.
4.
5.
employment?
Copyright ownership of a commissioned
work?
Copyright ownership of audiovisual work?
Copyright ownership of letters?
Is transfer or assignment allowed?
Plagiarism vs Copyright
Infringement
Plagiarismis using someone else's work without