Copyright

• Copyright is a form of protection provided to the author of an original work fixed in any tangible medium of expression through which the work can be perceived, reproduced or communicated to the public.
• Elements of Copyright

  1. Original intellectual creations
  2. In the literary and artistic domains
  3. Protected from the moment of their creation
• Literary and artistic works

  Literary: in writing and literature

  Artistic: work of art or has aesthetic value
• Original

  • Independently created by the author, NOT COPIED
  • Possesses at least some minimal degree of creativity
• Types of works that can be copyrighted:

  1. Literary works: books, pamphlets, newspapers, dissertations, letters and other writings
  2. Pantomimes and choreography
  3. Motion pictures and other audiovisual works
  4. Sound recordings
  5. Architectural works
  6. Pictorial, graphic, and sculptural works
  7. Dramatic works: including any accompanying music
  8. Musical works: with or without sound
• IP CODE, section 172.1 states that copyrighted works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality, and purpose
• Copyright protects the manner in which ideas are expressed, not the ideas themselves!
• There must be originality and fixation in a tangible medium of expression
• Copyright attaches immediately from the moment of creation of the work.
• Original and derivative works will last from the life of the author + 50 years after death
• Joint authors = life of last living author + 50 years after death
• Anonymous or pseudonymous works = 50 years from publication/making
• Applied arts = 25 years from making
• Photographic and audiovisual works = 50 years from publication/making
• Rights of the author

  1. Right to reproduce the work
  2. Right to prepare derivative works
  3. Right to distribute topics
  4. Right to perform publicly
  5. Right to display publicly
  6. Right to publicly perform sound recordings via digital audio transmission
• Once the period of time expires, the work enters the public domain (meaning it belongs to everyone, without restriction.)
• THINGS THAT CAN'T BE COPYRIGHTED

  1. Ideas, Procedures, Methods, Systems, Processes
  2. Facts
  3. Titles, names, short phrases, slogans
  4. Works in the public domain; Government works, expired copyright, failure to meet copyright
• Copyrighted works are protected by the sole fact of their creation and doesn't need to be formally filed, unlike patents