NationMaster - Encyclopedia: Related rights

Related rights is a term in copyright law, used in opposition to the term "authors' rights". The term neighbouring rights is exactly equivalent, and a more literal translation of the original French droits voisins.^[1] Related rights in civil law are rights which are similar to authors' right but which are not connected with the actual author of the work. Both authors' rights and related rights are copyrights in the sense of English or U.S. law. This articles section called History of Copyright does not cite its references or sources. ... Civil law has at least three meanings. ... This articles section called History of Copyright does not cite its references or sources. ...

There is no single definition of related rights, which vary much more widely in scope between different countries than authors' rights. The rights of performers, phonogram producers and broadcasting organisations are certainly covered, and are internationally protected by the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations^[2] signed in 1961. Within the European Union, the rights of film producers (as opposed to directors) and database creators are also protected by related rights, and the term is sometimes extended to include the sui generis rights in semiconductor topologies and other industrial design rights. A pratical definition is that related rights are copyright-type rights which are not covered by the Berne Convention.^[3] Image File history File links Scale_of_justice. ... In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain types of information, ideas, or other intangibles in their expressed form. ... This articles section called History of Copyright does not cite its references or sources. ... Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. ... A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and... A trademark or trade mark[1] is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. ... A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. ... Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. ... A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession. ... Pronunciation SOO-eye jen-ER-ihs Sui generis is a (post) Latin expression, literally meaning of its own kind/genus or unique in its characteristics. ... Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1997. ... A mask work is a two or three-dimensional layout of an integrated circuit (IC), i. ... Plant breeders rights, also known as plant variety rights (PVR), are intellectual property rights granted to the breeder of a new variety of plant. ... In European Union member countries, a supplementary protection certificate (SPC) is a sui generis, patent-like, intellectual property right. ... Traditional knowledge (TK), indigenous knowledge (IK), and local knowledge generally refer to the matured long-standing traditions and practices of certain regional, indigenous, or local communities. ... Pronunciation SOO-eye jen-ER-ihs Sui generis is a (post) Latin expression, literally meaning of its own kind/genus or unique in its characteristics. ... Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. ... This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ...

International protection of related rights

Apart from the Rome convention, there are a number of other treaties which address the question of the protection of related rights:

Aparts from the TRIPS Agreement, these treaties cannot truly be described as global: the Rome Convention had 83 signatories as of 2006, compared with 162 for the Berne Convention.^[9] The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) is an international treaty which sets down minimum standards for most forms of intellectual property regulation within all member countries of the WTO. Specifically, TRIPs deals with copyright and related rights (ie. ...

Relation to authors' rights

Related rights are independent of any authors' rights which might also exist in the work, as is made clear in the various treaties (Art. 1 Rome; Art. 7.1 Geneva; Art. 1.2 WPPT). Hence a CD recording of a song will be concurrently protected by four different copyright-type rights:

Performers

The protection of performers is perhaps the strongest and most unified of the related rights. It is not difficult to accept that a performer (musician, actor, etc.) has an intellectual input in their performance over and above that of the author of the work: as such, many countries grant moral rights to performers as well as the economic rights which are covered by the Rome Convention (Arts. 7–9), and the rights of paternity and integrity are required by the WPPT (Art. 5). Performers' rights should not be confused with performing rights, which are the royalties which are due to the composer of a piece of music which is under copyright in return for the licence (permission) to perform the piece in public: in other words, performers must pay performing rights to composers. Under the Rome Convention (Art. 7), performers have the right to prevent: Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. ... Royalty may refer to either: the royal family of a country with a monarchy royalties the payment made to the owner of a copyright, patent, or trademark, for the use thereof This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same... A composer is a person who writes music. ...

Article 14 of the Rome Convention set a minimum term for the protection of performers' rights of twenty years from the end of the year in which the performance was made: the TRIPS Agreement (Art. 14.5) has extended this to fifty years. In the European Union, performers' rights last for fifty years from the end of the year of the performance, unless a recording of the performance was published in which case they last for fifty years from the end of the year of publication (Art. 3(1), Directive 93/98/EEC).^[10]

Phonogram producers

The term phonogram is used to refer to any sound recording: under the Rome Convention, it must be composed exclusively of a sound recording, although some national laws protect film soundtracks with the same measures to the extent that they are not also protected by other rights. The producers of phonograms, that is the person who makes the recording rather than the person who performs, has the right to prevent the direct or indirect reproduction of the recording (Art. 10 Rome Convention, Art. 2 Geneva Phonograms Convention). The WPPT adds the rights to licence: Manufacturers put records inside protective and decorative cardboard jackets and an inner paper sleeve to protect the grooves from dust and scratches. ...

Once a phonogram has been published, the producer cannot prevent its broadcast: an equitable fee for the licence may be either agreed between phonogram producers and broadcasters or imposed by law.

The Rome and Geneva Phonograms Conventions specify a maximum level of formality required for protection of the phonogram (Art. 11 Rome; Art. 5 Geneva): countries are free to set a lower level, or not to require formalities at all. The maximum conditions are that each copy of the phonogram should be clearly marked with:

Countries signing the WPPT shall not require any formality for the protection of producers' rights.

The Conventions (Art. 14 Rome; Art. 4 Geneva) set a minimum term of protection of producers' rights of twenty years from the end of the year in which the phonogram was first published (or from its creation for unpublished recordings): the TRIPS Agreement (Art. 14.5) extended this minimum to fifty years from the end of the year in which the recording was made. The term of protection in the European Union is fifty years from the end of the year in which the phonogram was first published, or from the end of the year of its creation for unpublished recordings (Art. 3(2), Directive 93/98/EEC). For phonograms recorded in the United States the situation is more complicated:

1972 (MCMLXXII) was a leap year starting on Saturday. ... February 15 is the 46th day of the year in the Gregorian Calendar. ... (Redirected from 2067) Millennia: 2nd millennium - 3rd millennium - 4th millennium Centuries: 20th century - 21st century - 22nd century Decades: 2010s 2020s 2030s 2040s 2050s - 2060s - 2070s 2080s 2090s Years: 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 The Decade as a Whole This decade is expected to be called... February 15 is the 46th day of the year in the Gregorian Calendar. ... 1972 (MCMLXXII) was a leap year starting on Saturday. ... February 15 is the 46th day of the year in the Gregorian Calendar. ... For the album by Ash, see 1977 (album). ... December 31 is the 365th day of the year (366th in leap years) in the Gregorian Calendar. ... 1978 (MCMLXXVIII) was a common year starting on Sunday. ... January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ... A work for hire is an exception to the general rule that the person who creates a work is the author of that work. ... 1972 (MCMLXXII) was a leap year starting on Saturday. ... February 15 is the 46th day of the year in the Gregorian Calendar. ... A work for hire is an exception to the general rule that the person who creates a work is the author of that work. ...

Broadcasting organisations

Article 13 of the Rome Convention specifies that broadcasting organisations shall have the right to prohibit (or licence):

Article 14 of the Rome Convention sets a minimum term for the protection of broadcasters' rights of twenty years from the end of the year in which the broadcast was first made, confirmed by the TRIPS Agreement (Art. 14.5). However, the Rome Convention is limited to broadcasts intended for the public [Art. 3(f)]: the Brussels Convention closes this loophole by providing for the protection of satellite broadcasts which are not intended for direct public reception. In the European Union, broadcasters' rights last for fifty years from the end of the year in which the broadcast was first made (Art. 3(4), Directive 93/98/EEC).

Film producers

Directive 92/100/EEC^[12] and Directive 2001/29/EC^[13] provide rights to producers of the first fixation ("master copy") of a film or other audiovisual work under European Union law. These rights, similar to the rights of phonogram producers, are especially important in Europe, where the producer is not usually the initial owner of the copyright in the film itself. Film producers have the right to prevent: The European Union has made various directives on copyright law which member states are obliged to implement. ...

These rights last for fifty years from the end of the year in which the film was first published or otherwise made available to the public, or for fifty years from the end of the year in which the master copy was made is the film is not released (Art. 3(3), Directive 93/98/EEC).

Database creators

Directive 96/9/EC^[14] creats a sui generis protection in the European Union for databases which do not meet the criterion of originality for copyright protection. This is particularly important for databases which aim to be complete, as these lack the element of selection which might allow them to qualify for protection as "complilations" under Article 2.5 of the Berne Convention (although their arrangement can still be considered creative). It is specifically intended to protect "the investment of considerable human, technical and financial resources" in creating databases (para. 7 of the preamble), whereas the copyright laws of many Member States specifically exclude effort and labour from the criteria for copyright protection. To qualify, the database must show "qualitatively and/or quantitatively a substantial investment in either the obtaining, verification or presentation of the contents" [Art. 7(1)]. Their creators have the right "to prevent extraction and/or re-utilization of the whole or of a substantial part, evaluated qualitatively and/or quantitatively, of the contents of that database." This is taken to include the repeated extraction of insubstantial parts of the contents if this conflicts with the normal exploitation of the database or unreasonably prejudices the legitimate interests of the creator of the database [Art. 7(5)]. Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1997. ... Pronunciation SOO-eye jen-ER-ihs Sui generis is a (post) Latin expression, literally meaning of its own kind/genus or unique in its characteristics. ... A database is a collection of logically related data designed to meet the information needs of one or more users. ...

whichever is the later. The protection period runs until 31 December of the year in which it expires. If there is a "substantial change" in the database which would be qualified as a "substantial new investment", a new protection period is granted for the resulting database (Art. 10).

Photographers

Each new technology for creative work has led to debates over the protection which should be accorded to such works, as has been the case most recently for software copyright and database rights: similar debates occurred over the copyright protection of photographs. The Berne Convention allows a shorter period of protection than for other works (twenty-five years from creation rather than fifty years post mortem auctoris, Art. 7.4), and many countries apply a different period of copyright protection to photographs than to other works. An alternative approach, adopted notably by Germany and Italy, has been to offer full copyright protection to photographs which are clearly "artistic works" and to protect all photographs, whatever their creative value, by a shorter sui generis related right. This approach has the advantage of focusing the debate on those photographs which still have some value at the end of the sui generis protection (no-one would bother to try to protect photographs without value), which are the photographs most likely to be original. However it also meant that photographs were subject to a higher test of originality than other works of art, with copyright being reserved only for those which the courts felt to be particularly meritous, in contravention of the spirit (if not the letter) of the Berne Convention. The sui generis protections are found at § 72, UrhG^[15] for Germany (50 years) and Arts. 87–92, Legge 22 aprile 1941 n. 633^[16] for Italy (20 years). The different treatment of photographs and other artistic works was eliminated by European Union Directive 93/98/EEC (Art. 6) which states that the only applicable criterion for copyright protection is that the photograph be "original in the sense that they are the author's own intellectual creation", a lower criterion than had been used up until then, but equivalent to the criterion used for other copyright works. The sui generis protection may be retained for photographs which do not meet this criterion (e.g., photographs taken automatically such as for a passport). Software copyright, the relatively recent extension of copyright law to software, has allowed a market for proprietary software to flourish for some time. ... Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1997. ... This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... Pronunciation SOO-eye jen-ER-ihs Sui generis is a (post) Latin expression, literally meaning of its own kind/genus or unique in its characteristics. ...

Designers

Design rights fall between copyright and patent law: they are sometimes considered to be industrial property and sometimes a related right to copyright. The Berne Convention requires the protection of "applied art", but allows a shorter protection period of twenty-five years after creation. Although it requires protection to the same minimum standards as for copyright, the Convention does not require that the protection be called "copyright",^[17] a fact used by many countries to protect applied art and certain artistic designs by a related design right. In countries where applied art can be protected by normal copyright term (e.g., Germany), an extremely high level of originality and creatlivity is demanded. In so far as designs are considered to be industrial property, their international protection falls under the Paris Convention for the Protection of Industrial Property.^[18] Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. ... A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and... Industrial property is a subset of intellectual property comprising trademarks, patents and designs, so called because intellectual property rights such as these are often created and used in an industrial or commercial context. ... The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, is an important and one of the first intellectual property treaties. ...

Semiconductor designers

A common sui generis design right is that which protects the design or topography of semiconductor materials, particularly integrated circuits. These are protected internationally by the IPIC Treaty of 1989, and in the European Union by Directive 87/54/EEC.^[19] The reproduction of a protected topography is prohibited, as is the import of infringing materials (Art. 5). Protected topographies may be identified by a capital T in a variety of forms, including T* (Art. 9). The exclusive rights of the designer last for ten years from the first commercial exploitation, or for fifteen years from the first creation for topographies which are not exploited (Art. 7). This article or section is in need of attention from an expert on the subject. ... A semiconductor is a solid whose electrical conductivity can be controlled over a wide range, either permanently or dynamically. ... Integrated circuit showing memory blocks, logic and input/output pads around the periphery A monolithic integrated circuit (also known as IC, microchip, silicon chip, computer chip or chip) is a miniaturized electronic circuit (consisting mainly of semiconductor devices, as well as passive components) which has been manufactured in the surface...

References and notes

Category: Copyright law The English language is a West Germanic language that originates in England. ... A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ... The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations, and has as its core objectives the promotion of creative intellectual activity and the facilitation of the transfer of technology related to intellectual property to the developing countries in order to accelerate economic, social... For other uses of the initials WTO, see WTO (disambiguation). ... The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations, and has as its core objectives the promotion of creative intellectual activity and the facilitation of the transfer of technology related to intellectual property to the developing countries in order to accelerate economic, social... The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations, and has as its core objectives the promotion of creative intellectual activity and the facilitation of the transfer of technology related to intellectual property to the developing countries in order to accelerate economic, social... 1965 (MCMLXV) was a common year starting on Friday (the link is to a full 1965 calendar). ... September 9 is the 252nd day of the year (253rd in leap years). ... This article is about the year. ... April 22 is the 112th day of the year in the Gregorian calendar (113th in leap years). ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. ... This article or section does not cite its references or sources. ... Passing off is a common law tort which can be used to enforce unregistered trademark rights. ...

Contents

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