Copyright Works

Contents

Preview

History

Definition and classification of Copyright works

Authors of copyright works

Author’s rights

Doctrine “Fair use”

Duration and Terms

Public Domain

Security and other tools of protection

Conclusion: Enemies

Used Literature

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This paper aims, to elucidate and to clarify different types of copyright works, to give a small review about the author’s right usage, work protection and to furnish the reader with other necessary information binding to copyright protected works.

History

Intellectual property obviously is a modern concept, debuting rather recently. The first patent law came into being in 1623, and the predecessor of the modern copyright - Ann's Charter - has arisen in 1710. These early laws have been limited in range and limited only to several types of the information; wider interpretation of these principles used today in the world is rather modern, certain elements have been added only within last few years.

By modern definition intellectual property law means: The law of Intellectual property is the Law concerning the property which occurs from the work of the mind or intellect, Intellectual property (IP) is a unique and unevident product of human intelligence which has at least some marketplace value. According to the world intellectual property organization (wipo), the intellectual property is divided into two categories: 1) the Industrial property: including inventions (patents), trade marks, industrial designs, and geographic indications of a source; and 2) the Copyright (literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs”^[1].

As I former mentioned, that the Intellectual Property Law is a rather new branch of the law and the same with the copyright, literally copyright means ' the right to copy. ‘Up to 1886, there was no effective international law of the copyright. The first main international agreement-convention on the copyright was the Bern Convention for Protection of the Literary and Artistic Works created in 1886.

Definition and classification of Copyright works

By modern definition the Copyright is a protection which covers the published and unpublished scientific, literary and artistic works, irrespectively the forms of expression if such works are established in the tangible or material form. “Copyright protects the expression of an idea rather than the idea itself. “^[2] It means, that, if you can see it, hear it and/or touch it is it can be protected. If it is an essay if it is game if it is a song if it is the original movement of dance if it is a photo, coding HTML or a computer graphic which can be established on a paper, recorded on a tape or saved to hard disks, it can be protected. But still there are some criterias and requirements which should satisfy 'work' which will be protected:

It must be original. Artworks should be original, not copied from anything else. The word 'original' is a key in definition of work which gets the protection of the copyright. You cannot receive a copyright for someone's creation.

It should be creative. Artworks should show at least a minimum quantity of creativity, it means the work should be creative deed of human being. Works which are created by machine are not subjects of protection by copyright, if they are not made by machine as a result of a human contribution. Works which are products of factories or created by animals are also not protected by the copyright law.

It must be fixed in a tangible medium It should be established in the tangible medium.

During my inquest I have drawn an inference that the UK legislative acts and researches of UK authors give more definite and serene purport about Copyright works and give more significant classification of copyright works. According to UK and International legislative acts and agreements we can divide copyright works in 5 main groups:

1. Literary Works - “Copyright, Designs and Patents Act 1988” elucidates literary work as any work, other than a dramatic or musical work, which is written, spoken or sung,” in other words this category comprises all kind of works which are stated in print or writing, but it is not limited to works of traditional literary works such as books, journals and etc, it also include computer programs, databases, tables and compilations. It means that not only works containing words shall be protected but also works comprising numerals and symbols, and the main thing is that quality and style of the work is inconsiderable for the copyright protection and no standard is existed for the work. Due to literary works include works which are spoken or sung means that interviews, conversations and etc which are recorded may also be copyright protected.

[...]

^[1] World Intellectual Property Organization/ http://www.wipo.int/about-ip/en/ .

^[2] W.Cornish\D.LLewelyn Intellectual property: patents,copyright,trade makrs and allied rights p. 417 11-04.