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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" . 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 .
42: 757:, 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 license: 1080:. 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 that are not exploited (Art. 7). 666:
service. It was held that with respect to the musical work incorporated in the sound track of the film, the copyright in a cinematograph film or a record does not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or as the case may be, the record is made.
718:
The performer has been granted the exclusive rights of making a sound recording or a visual recording of the performance. This right of the performer extends to reproducing the performance in any material form including storing of it in any medium, issuing the copies of the performance to the public,
709:
In this case the issue was whether by performing/singing a song which has already been written down and performed, gives the new singer any exclusive rights over the underlying song. It was held that in such a scenario, the performer himself does not have any rights over the underlying song and hence
673:
of performing the work in public i.e. to cause the film in so far as it consists of visual images to be seen in public and in so far as it consists of the acoustic portion including a lyric or a musical work to be heard in public without securing any further permission of the author (composer) of the
651:
Provisions regarding the violation of the Performer's rights as per the 2012 amendment are prescriptive in nature. It lays down the exclusive rights of the performer in relation to the performance. However, once the performer consents to the incorporation of his performance in a cinematograph film he
983:
protection (no-one would bother to try to protect photographs without value), which are the photographs most likely original. However it also means that photographs are subject to a higher test of originality than other works of art, with copyright being reserved only for those the courts felt to be
940:
of the database (the point when the criterion of substantial investment is fulfilled), or from *the date when the database is publicly available, whichever is later. The protection period runs until 31 December of the year when it expires. If there is a "substantial change" in the database that
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that do not meet the criterion of originality for copyright protection. This is particularly important for databases that aim to be complete, as these lack the element of selection that might qualify them for protection as "compilations" under Article 2.5 of the Berne Convention (although their
685:
In Fortune Films v Dev Anand the Court had to decide whether an artiste's work in the film would be entitled to protection as falling within the definition of a "work" protected by copyright. It was observed by the Court that the artiste's performance does not constitute either an artistic work or a
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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
996:(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 used until then, but equivalent to the criterion used for other copyright works. The 862:
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
613:
Finally, as regard sound recordings, owing to Section 114 owners of copyrights in sound recordings do not have a right to prohibit the performance of their works (except in so far as demanding nominal remuneration for the same). Therefore the performances that are contained in the recording are not
465: 622:
Another issue that merits mention in this context is the unauthorized featuring of popular persons, actors or the characters they have portrayed and voices of popular singers. While no remedy has been found within the statutory copyright regime, remedies have been granted under a common law right.
605:
disentitles performers who act under a contract of employment from possessing an entitlement to work in which their performance is fixed. Consequently, such performers may not assert a copyright over their performance that is distinct from the copyright in the work that their performance was fixed
727:
A performer’s right is not infringed by any adaptation or modification which does not constitute copyright violation under section 52. Moreover, any recording, whether in the sound or visual form, done solely for personal use or for teaching or research purposes does not violate performers right.
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IPRS v EIMPA dealt with whether the work incorporated in the sound track of a cinematograph film vests in the composer of that musical work or whether it became the property of the cinematograph film producers with no copyright subsisting in them, if the composers were engaged under a contract of
647:
Performer's right has been defined in India as "where a performer appears or engages in any performance, he shall have a right known as the 'performer’s right' in relation to such performance". The term performance has been used to refer to “any visual or acoustic presentation made live by one or
609:
Nevertheless, certain State Governments have enacted statutes that explicitly recognize the right against sales and reproductions of fixed performances that were unauthorized. For example the New York Civil Code was relied upon in Giesking to preserve the rights of a musician against unauthorized
754: 419: 354: 803:
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
576:
ruled that the Ohio State Legislation gave an individual the right to possess autonomy over the dissemination of their performance. Accordingly the Court held that the unauthorized recording and live telecasting of an individual's "human cannonball" performance was in violation of the right of
740:
In addition to the exclusive right of exploitation of the performance, the performer has also enjoys certain moral rights. The performer has "the right to be identified as the performer of his performance"; and "to restrain or claim damage in respect of any distortion, mutilation or other
701:’ . The Court observed that “Every performance has to be live in the first instance whether it is before an audience or in a studio. If this performance is recorded and thereafter exploited without the permission of the performer, then the performer’s right is infringed.” 900:
These rights last for fifty years from the end of the year the film was first published or otherwise made available to the public, or for fifty years from the end of the year the master copy was made if the film is not released (Art. 3(3), Directive 93/98/EEC).
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however found that the absence of a statutory provision conferring an independent copyright on the performance did not imply that performances were not entitled to a protection. The Court observed that if the originality threshold, as was enunciated by the SCOTUS in
529:
The US Copyright Statute does not explicitly recognize a copyright that is vested in the performer for their work. Therefore as a matter of statutory law, a performer, being either an actor, dancer, sportsperson or musician cannot claim a separate copyright.
483:
for a piece of music 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:
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will have no right regarding the incorporated performance. Section 2(q) of the Act which defines a performance states that, in relation to performer's right, a performance must be made 'live'. However, a live performance has not been separately defined.
459:
The protection of performers is perhaps the strongest and most unified of the related rights. 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
1420:"Baltimore Orioles, Inc., et al., Plaintiffs-appellees, v. Major League Baseball Players Association, a Labororganization and an Unincorporated Associationconsisting of the Major League Baseballplayers, Defendant-appellant, 805 F.2d 663 (7th Cir. 1986)" 512:
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
520:
In the United States, there is no federal statutory right in unfixed works such as performances, and no federal exclusive right to record a performance; some states, notably California, have performer rights laws, but as of 1988 these remain untested.
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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:
542:
was met, then such original performances be in musical, dramatic or other performances were entitled to copyright, if they were themselves not unauthorized or otherwise infringing. It is important to note that Court did not consider the fact that the
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more performers”. In relation to the performance, a 'performer' has been sought to include "an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance".
638:
US regime provides for various kinds of protection of the rights of performers, it however is a complicated regime that is highly dependent on State laws and is far from being harmonized and consolidated like other regimes in Continental Europe.
436:
Related rights are independent of any authors' rights, 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 is concurrently protected by four copyright-type rights:
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work, in the absence of fair remuneration, was the only situation in which the Performer's "right to publicity" was violated. It therefore remains to be seen whether the fixation of a portion of the performance would violate such a right.
517:, 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(100 } 352:
Related rights 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
635:. This provision, while not recognizing the existence of a copyright, nevertheless proscribes the unauthorized recording or transmission of performances of live musical works in sound recordings or videos, or transmitting such copies. 1372:
Bonnie Teller, Note, Toward Better Protection of Performers in the United States: A Comparative Look at Performers’ Rights in the United States, Under the Rome Convention And in France, 28 Columbia Journal of Transnational Law 775
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protections are found at § 72, UrhG for Germany (50 years) and Arts. 87–92, Legge 22 aprile 1941 n. 633 for Italy (20 years). The different treatment of photographs and other artistic works was eliminated by
886:. 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: 1023:
the protection be called "copyright", 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.,
606:
in. The decision of the Court of Appeal for the 2nd Circuit in Baltimore Orioles, Inc held that the performance of baseball players were not protected as being a distinct copyright and rather, that they were works for hire.
719:
communicating it to the public, selling or giving on commercial rental or offer for sale of any copy of the recording; communicating or broadcasting the performance to the public except where it has already been broadcast.
1225:
Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified
559:
as a distinct category of copyright protection. As a consequence a host of remedies that would be available under the Copyright Statutes in different jurisdictions are sought through other common law remedies.
958: 405: 378: 550:
Despite the recognition of copyrights in performances, the US, for various stated reasons, is still not Party to the Rome Convention. Unlike many other Trade Agreements, the Rome Convention allows for
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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.
589:
nevertheless applied to the fixation of live performances. Accordingly in Italian Book Company v. ABC it was observed that small portions of live performances that were captured to communicate the
808:
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).
1031: 555:
and the failure of the US to ratify the Rome Convention has disentitled various American performers to copyright protection in other jurisdictions. The US does not explicitly recognize the
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lyric or a musical work for the performance of the work in public. In other words, a distinct copyright in the aforesaid circumstances comes to vest in the cinematograph film as a whole.
539: 426: 686:
dramatic work as conceptualized under the Act. The Act does not recognize the performance of an actor as constituting a 'work' which is subject to protection under the Copyright Act.
1236:
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
106: 1208:
Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version).
973:, has been to offer full copyright protection to photographs that are clearly "artistic works" and protect all photographs, whatever their creative value, by a shorter 364:, 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 965:, 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 577:
publicity. It is important to note that this did not imply an unambiguous Performer's Right as the Court found that the unauthorized performance of the Plaintiff's
301: 631:
Of further note is the anti-bootlegging provision that was incorporated into the US Copyright Statute by way of amendment in order to ensure consistency with the
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the public : the Brussels Convention closes this loophole by providing for protection of satellite broadcasts not intended for direct public reception. In the
1069: 1065: 1043: 573: 91: 1451:
Bard & Kurlantzick, A Public Performance Right in Recordings: How to Alter the Copyright System Without Improving It, 43 GEO. WASH. L. REv. 152 (1974)
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for Rome Convention countries only, the name of the person who owns (the licence in) the performers' rights in the country where the recording was made.
949:
Each new technology for creative work has led to debate over what protection should be accorded to such works, as has been the case most recently for
819:
recordings made before 1972-02-15: these are covered by state, not federal, copyright law, although all rights will end on 2067-02-15 at the latest ;
411: 393:
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (Geneva Phonograms Convention, 1971)
209: 1152: 488:
the broadcast or communication to the public of their performance, unless this is made from a legally published recording of the performance;
167: 585:
While the source of the right was founded in the law of unfair trade practices, Courts in the United States have found that the doctrine of
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protection may be retained for photographs that do not meet this criterion (e.g., photographs taken automatically such as for a passport).
547:
of a work was itself a covered right under copyright to be repugnant with the conclusion that performers could enjoy copyright protection.
224: 126: 867:, broadcasters' rights last for fifty years from the end of the year the broadcast was first made (Art. 3(4), Directive 93/98/EEC). 883: 294: 370: 677:
Furthermore, it was observed by Justice Krishna Iyer that while a composer has a copyright in the musical work, the singer has none.
732:
review, teaching or research etc, which is consistent with the fair dealing does not constitute the violation of performers right.
1263: 256: 81: 845:
Article 13 of the Rome Convention specifies that broadcasting organisations shall have the right to prohibit (or license):
204: 890:
the direct or indirect reproduction of the film (either the master copy or copies thereof) (Art. 2, Directive 2001/29/EC);
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recordings made and published on or after 1978-01-01: ninety-five years after the date of recording if the recording was made "
669:
However, the film producer acquires, on completion of the cinematograph film, a copyright which gives him the exclusive right
287: 1253: 396:
Convention Relating to the Distribution of Programme–Carrying Signals Transmitted by Satellite (Brussels Convention, 1974)
832:
recordings made on or after 1972-02-15 and unpublished: 120 years after the date of recording if the recording was made "
1322: 1278: 461: 508:
the "making available to the public" of their performances (Art. 10), in effect their publication on the internet.
505:
the rental of recordings of their performances, unless there is a compulsory licence scheme in operation (Art. 9);
1245:
Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases
767:
the "making available to the public" of their phonograms (Art. 14), in effect their publication on the internet.
623:
For instance, in Milder v Ford the 9th Circuit observed that she had a "common law property right to her own voice".
961:
allows a shorter period of protection than for other works (twenty-five years from creation rather than fifty years
1772: 1113:
on rental right and lending right and on certain rights related to copyright in the field of intellectual property
1312:
Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products
822:
recordings made between 1972-02-15 and 1977-12-31 and published: ninety-five years from the date of publication ;
111: 1363:
See Smith J.'s Dissenting Opinion, Garcia v. Google, 786 F.3d 733 (9th Cir. 2015) at 1270 for the contrary view.
1311: 1244: 1235: 1224: 1207: 1109: 1009: 804:
minimum to fifty years from the end of the year in which the recording was made. The term of protection in the
374: 1145:
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
1030:
Insofar as designs are considered to be industrial property, their international protection falls under the
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the distribution of the film (or copies thereof) to the public for sale (Art. 9, Directive 92/100/EEC);
882:
provide rights to producers of the first fixation ("master copy") of a film or other audiovisual work under
116: 86: 76: 1419: 502:
the distribution of recordings of their performance, for sale or other transfer of ownership (Art. 8);
1767: 984:
particularly meritorious, in contravention of the spirit (if not the letter) of the Berne Convention. The
534: 468:(Arts. 7–9), and the rights of paternity and integrity are required by the WPPT (Art. 5). 187: 1077: 1611: 1571: 1519: 1123:
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations
779: 764:
the rental of their phonograms, unless there is a compulsory licence scheme in operation (Art. 13);
355:
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations
33: 689:
However, the position has changed with the recognition of performer's rights via an amendment in 1994.
41: 377:. A practical definition is that related rights are copyright-type rights that are not covered by the 1112: 879: 875: 389:
Apart from the Rome convention, a number of other treaties address the protection of related rights:
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related right. This focuses the debate on those photographs that still have value at the end of the
800:
Countries signing the WPPT shall not require any formality for the protection of producers' rights.
1294: 1105: 1102: 1019: 993: 177: 1598:
Saikia, Nandita (2015-02-17). "Art and Indian Copyright Law: A Statutory Reading". Rochester, NY.
1558:
Saikia, Nandita (2015-02-17). "Art and Indian Copyright Law: A Statutory Reading". Rochester, NY.
1506:
Saikia, Nandita (2015-02-17). "Art and Indian Copyright Law: A Statutory Reading". Rochester, NY.
1061: 950: 261: 941:
qualifies as a "substantial new investment", a new protection period is granted (Art. 10).
331: 71: 51: 858:
the communication of their broadcasts to the public in places where an entrance fee is charged.
1603: 1599: 1563: 1559: 1511: 1507: 1168: 1153:
Convention Relating to the Distribution of Programme–Carrying Signals Transmitted by Satellite
1131: 915: 472: 1182: 1122: 761:
the distribution of their phonograms, for sale or other transfer of ownership (Art. 12);
1098: 172: 27:
Intellectual property rights of a creative work not connected with the work's actual author
1624: 1584: 1532: 954: 910: 750: 632: 339: 182: 418:
Apart from the TRIPS Agreement, these treaties cannot truly be described as global: the
1073: 990: 925: 864: 805: 514: 361: 229: 192: 66: 656:
Judicial approach towards performer’s rights- Cinematograph and entertainment industry
1761: 1281:
in their copyright laws: the rights are protected by other statutes or by common law
1057: 833: 826: 812: 602: 327: 315: 251: 146: 896:
the "making available to the public" of the film (Art 3, Directive 2001/29/EC).
568:
Remedies for unauthorized fixation of performances are sought under the common law
330:
not connected with the work's actual author. It is used in opposition to the term "
277: 246: 241: 214: 136: 96: 1290: 1093:
Although "neighbouring rights" is the term more commonly used in translations, "
975: 920: 366: 236: 162: 131: 728:
Also, any use of the performance, whether in the form of broadcast, reporting,
1286: 1274: 1053: 741:
modification of his performance that would be prejudicial to his reputation".
957:. Similar debates occurred over the copyright protection of photographs. The 17: 661:
Indian Performing Rights Society v Eastern India Motion Pictures Association
476: 399: 346: 197: 141: 61: 1400:
Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977) at 574-575
1391:
Haelan Laboratories, Inc. v. Topps Chewing Gum, 202 F.2d 866 (2d Cir. 1953)
422:
had 83 signatories as of 2006, compared with 162 for the Berne Convention.
929: 586: 480: 273: 219: 56: 614:
protected either. This position has however received staunch criticism.
593:
of an event were protected as it was fair use of the live performances.
1024: 966: 1027:), an extremely high level of originality and creativity is demanded. 450:
Producers' rights of the person or corporation that made the recording
1323:"Performer's Rights and Digital Sampling under U.S. and Japanese Law" 1015: 793:
the name of the owner or exclusive licensee of the producers' rights;
101: 627:
Unauthorized recording or transmission of live musical performances
1169:
Agreement on Trade-Related Aspects of Intellectual Property Rights
1132:
Berne Convention for the Protection of Literary and Artistic Works
970: 406:
Agreement on Trade-Related Aspects of Intellectual Property Rights
1661:
Indian Performing Rights Society v Eastern India Motion Pictures
1649:
Indian Performing Rights Society v Eastern India Motion Pictures
1637:
Indian Performing Rights Society v Eastern India Motion Pictures
1545:
Indian Performing Rights Society v Eastern India Motion Pictures
1161:
Treaty on Intellectual Property in Respect of Integrated Circuits
400:
Treaty on Intellectual Property in Respect of Integrated Circuits
1282: 1197: 1186: 1135: 787:
the symbol (P), that is a capital P within a circle; followed by
498:
The WPPT extends these rights to include the right to license:
1172: 697:
This case addressed the question of what would constitute a ‘
836:", seventy years after the death of the producer otherwise . 829:", seventy years after the death of the producer otherwise ; 464:
to performers as well as the economic rights covered by the
1304:
Paris Convention for the Protection of Industrial Property.
1032:
Paris Convention for the Protection of Industrial Property
1409:
Italian Book Co. v. ABC, 458 F. Supp. 65 (S.D.N.Y. 1978).
601:
It must firstly be noted that in the United States, the
427:
List of parties to international related rights treaties
1354:
Garcia v. Google, 786 F.3d 733 (9th Cir. 2015) at 1264.
705:
Super Cassettes Industries v Bathla Cassette Industries
1460:
Milder v Ford Motor Co., 849 F.2d 460 (9th Cir. 1988)
774:
The Rome and Geneva Phonograms Conventions specify a
494:
the reproduction of a recording of their performance.
1217:
17 U.S.C. Chapter 3: Duration of Copyright
753:is used to refer to any sound recording: under the 1442:Giesking v. Urania Records,155 N.Y.S.2d 171 (1956) 855:the reproduction of fixations of their broadcasts; 710:cannot restrain others from performing that song. 525:Performers rights in the United States of America 1277:countries to explain the lack of protection of 597:Unauthorized reproduction of fixed performances 471:Performers' rights should not be confused with 491:the fixation (recording) of their performance; 447:Performers' rights of the singer and musicians 345:. Both authors' rights and related rights are 338:is a more literal translation of the original 1064:. These are protected internationally by the 852:the fixation (recording) of their broadcasts; 295: 8: 936:Database rights last for fifteen years from 618:Unauthorized imitations of live performances 441:Authors' rights of the composer of the music 1070:Integrated circuit layout design protection 1044:Integrated circuit layout design protection 92:Integrated circuit layout design protection 723:Acts not infringing the performer's rights 574:Zacchini v. Scripps-Howard Broadcasting Co 385:International protection of related rights 302: 288: 29: 1018:law: they are sometimes considered to be 1014:Design rights fall between copyright and 1696:Sagar, Entertainment Media and IP Rights 1673:Fortune Films International v Dev Anand 1347: 849:the rebroadcasting of their broadcasts; 412:WIPO Performances and Phonograms Treaty 210:Limitations and exceptions to copyright 154: 32: 1620: 1609: 1580: 1569: 1528: 1517: 1106:Copyright and Related Rights Act, 2000 1487:Section 2(q), The Copyright Act, 1957 1183:WIPO Performers and Phonograms Treaty 349:in the sense of English or U.S. law. 168:Artificial intelligence and copyright 7: 1052:design right protects the design or 533:The 9th Circuit Court of Appeals in 127:Supplementary protection certificate 1478:Section 38, The Copyright Act, 1957 815:the situation is more complicated: 371:rights in semiconductor topologies 25: 1752:S.38B(b), The Copyright Act, 1957 1743:S.38B(a), The Copyright Act, 1957 1382:Article 16(1)(a), Rome Convention 1228:It replaced directive 92/100/EEC. 1496:S.2(qq), The Copyright Act, 1957 1210:It replaced directive 93/98/EEC. 257:Outline of intellectual property 82:Indigenous intellectual property 40: 1734:S.38A, The Copyright Act (1957) 1097:" is the term used in original 811:For phonograms recorded in the 444:Authors' rights of the lyricist 1725:S.38A, The Copyright Act, 1957 790:the year of first publication; 714:Exclusive rights of performers 1: 564:Fixation of Live Performances 1321:Litman, Jessica D. (1988). 432:Relation to authors' rights 205:Idea–expression distinction 1789: 1469:17 U.S.C. § 1101(c) (1994) 1273:This fact is used by many 1041: 1007: 908: 841:Broadcasting organisations 736:Moral rights of performers 643:Performers rights in India 424: 681:Fortune Films v Dev Anand 1329:. University of Michigan 1110:European Union directive 1060:materials, particularly 1010:Industrial design rights 375:industrial design rights 1038:Semiconductor designers 693:Neha Bhasin v Anand Raj 117:Plant genetic resources 87:Industrial design right 77:Geographical indication 1619:Cite journal requires 1579:Cite journal requires 1527:Cite journal requires 722: 603:work for hire doctrine 326:) are the rights of a 188:Criticism of copyright 112:Plant breeders' rights 1715:2003 VIIIAD Delhi 572 1705:2006 (32) PTC 779 Del 1101:documents: e.g., the 1068:Treaty of 1989, (see 876:Directive 2006/115/EC 431: 34:Intellectual property 1084:References and notes 963:post mortem auctoris 880:Directive 2001/29/EC 1295:malicious falsehood 1078:Directive 87/54/EEC 1062:integrated circuits 1020:industrial property 994:Directive 93/98/EEC 745:Phonogram producers 402:(IPIC Treaty, 1989) 336:Neighbouring rights 324:neighbouring rights 178:Copyright abolition 951:software copyright 924:protection in the 884:European Union law 570:right of publicity 270:Higher categories: 262:Outline of patents 1773:Legal terminology 1327:Law Quad. Notes 3 916:Directive 96/9/EC 905:Database creators 473:performing rights 312: 311: 16:(Redirected from 1780: 1753: 1750: 1744: 1741: 1735: 1732: 1726: 1723: 1717: 1712: 1706: 1703: 1697: 1694: 1688: 1683: 1677: 1671: 1665: 1663:1977 SCR (3) 206 1659: 1653: 1651:1977 SCR (3) 206 1647: 1641: 1639:1977 SCR (3) 206 1635: 1629: 1628: 1622: 1617: 1615: 1607: 1595: 1589: 1588: 1582: 1577: 1575: 1567: 1555: 1549: 1547:1977 SCR (3) 206 1543: 1537: 1536: 1530: 1525: 1523: 1515: 1503: 1497: 1494: 1488: 1485: 1479: 1476: 1470: 1467: 1461: 1458: 1452: 1449: 1443: 1440: 1434: 1433: 1431: 1430: 1416: 1410: 1407: 1401: 1398: 1392: 1389: 1383: 1380: 1374: 1370: 1364: 1361: 1355: 1352: 1338: 1336: 1334: 1319: 1310: 1303: 1272: 1264:Law No. 633 1262: 1252: 1243: 1234: 1223: 1216: 1206: 1195: 1181: 1167: 1160: 1151: 1144: 1130: 1121: 1099:English language 1092: 959:Berne Convention 699:live performance 572:. The SCOTUS in 535:Garcia v. Google 475:, which are the 379:Berne Convention 357:signed in 1961. 304: 297: 290: 173:Brand protection 107:Peasants' rights 44: 30: 21: 1788: 1787: 1783: 1782: 1781: 1779: 1778: 1777: 1758: 1757: 1756: 1751: 1747: 1742: 1738: 1733: 1729: 1724: 1720: 1713: 1709: 1704: 1700: 1695: 1691: 1686:AIR 1979 Bom 17 1684: 1680: 1675:AIR 1979 Bom 17 1672: 1668: 1660: 1656: 1648: 1644: 1636: 1632: 1618: 1608: 1597: 1596: 1592: 1578: 1568: 1557: 1556: 1552: 1544: 1540: 1526: 1516: 1505: 1504: 1500: 1495: 1491: 1486: 1482: 1477: 1473: 1468: 1464: 1459: 1455: 1450: 1446: 1441: 1437: 1428: 1426: 1418: 1417: 1413: 1408: 1404: 1399: 1395: 1390: 1386: 1381: 1377: 1371: 1367: 1362: 1358: 1353: 1349: 1332: 1330: 1320: 1316: 1307: 1300: 1269: 1259: 1249: 1240: 1231: 1220: 1213: 1203: 1192: 1178: 1164: 1157: 1148: 1141: 1127: 1118: 1089: 1086: 1046: 1040: 1012: 1006: 955:database rights 947: 913: 911:Database rights 907: 873: 843: 755:Rome Convention 747: 738: 725: 716: 707: 695: 683: 663: 658: 645: 633:TRIPS Agreement 629: 620: 599: 566: 527: 466:Rome Convention 457: 434: 429: 420:Rome Convention 387: 332:authors' rights 308: 272: 268: 183:Copyright troll 72:Farmers' rights 52:Authors' rights 28: 23: 22: 15: 12: 11: 5: 1786: 1784: 1776: 1775: 1770: 1760: 1759: 1755: 1754: 1745: 1736: 1727: 1718: 1707: 1698: 1689: 1678: 1666: 1654: 1642: 1630: 1621:|journal= 1590: 1581:|journal= 1550: 1538: 1529:|journal= 1498: 1489: 1480: 1471: 1462: 1453: 1444: 1435: 1411: 1402: 1393: 1384: 1375: 1365: 1356: 1346: 1345: 1344: 1340: 1339: 1314: 1305: 1298: 1267: 1266:of 1941-04-22. 1257: 1256:of 1965-09-09. 1247: 1238: 1229: 1218: 1211: 1201: 1190: 1176: 1162: 1155: 1146: 1139: 1125: 1116: 1095:related rights 1085: 1082: 1074:European Union 1072:), and in the 1039: 1036: 1008:Main article: 1005: 1002: 991:European Union 946: 943: 926:European Union 909:Main article: 906: 903: 898: 897: 894: 891: 872: 871:Film producers 869: 865:European Union 860: 859: 856: 853: 850: 842: 839: 838: 837: 830: 823: 820: 806:European Union 798: 797: 794: 791: 788: 769: 768: 765: 762: 746: 743: 737: 734: 724: 721: 715: 712: 706: 703: 694: 691: 682: 679: 662: 659: 657: 654: 644: 641: 628: 625: 619: 616: 610:reproduction. 598: 595: 565: 562: 557:related rights 526: 523: 515:European Union 510: 509: 506: 503: 496: 495: 492: 489: 456: 453: 452: 451: 448: 445: 442: 433: 430: 416: 415: 409: 403: 397: 394: 386: 383: 362:European Union 343:droits voisins 320:related rights 310: 309: 307: 306: 299: 292: 284: 281: 280: 267: 266: 265: 264: 254: 249: 244: 239: 234: 233: 232: 230:Right to quote 227: 222: 217: 207: 202: 201: 200: 193:Bioprospecting 190: 185: 180: 175: 170: 165: 157: 156: 155:Related topics 152: 151: 150: 149: 144: 139: 134: 129: 124: 122:Related rights 119: 114: 109: 104: 99: 94: 89: 84: 79: 74: 69: 67:Database right 64: 59: 54: 46: 45: 37: 36: 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 1785: 1774: 1771: 1769: 1768:Copyright law 1766: 1765: 1763: 1749: 1746: 1740: 1737: 1731: 1728: 1722: 1719: 1716: 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1033: 1028: 1026: 1021: 1017: 1011: 1003: 1001: 999: 995: 992: 987: 982: 978: 977: 972: 968: 964: 960: 956: 952: 945:Photographers 944: 942: 939: 934: 931: 927: 923: 922: 917: 912: 904: 902: 895: 892: 889: 888: 887: 885: 881: 877: 870: 868: 866: 857: 854: 851: 848: 847: 846: 840: 835: 831: 828: 824: 821: 818: 817: 816: 814: 813:United States 809: 807: 801: 795: 792: 789: 786: 785: 784: 781: 777: 772: 766: 763: 760: 759: 758: 756: 752: 744: 742: 735: 733: 731: 720: 713: 711: 704: 702: 700: 692: 690: 687: 680: 678: 675: 672: 667: 660: 655: 653: 649: 642: 640: 636: 634: 626: 624: 617: 615: 611: 607: 604: 596: 594: 592: 591:mood and feel 588: 583: 580: 575: 571: 563: 561: 558: 554: 548: 546: 541: 536: 531: 524: 522: 518: 516: 507: 504: 501: 500: 499: 493: 490: 487: 486: 485: 482: 478: 474: 469: 467: 463: 454: 449: 446: 443: 440: 439: 438: 428: 423: 421: 413: 410: 408:(TRIPS, 1994) 407: 404: 401: 398: 395: 392: 391: 390: 384: 382: 380: 376: 372: 369: 368: 363: 358: 356: 350: 348: 344: 341: 337: 333: 329: 328:creative work 325: 321: 317: 316:copyright law 305: 300: 298: 293: 291: 286: 285: 283: 282: 279: 275: 271: 263: 260: 259: 258: 255: 253: 252:Public domain 250: 248: 245: 243: 240: 238: 235: 231: 228: 226: 223: 221: 218: 216: 213: 212: 211: 208: 206: 203: 199: 196: 195: 194: 191: 189: 186: 184: 181: 179: 176: 174: 171: 169: 166: 164: 161: 160: 159: 158: 153: 148: 147:Utility model 145: 143: 140: 138: 135: 133: 130: 128: 125: 123: 120: 118: 115: 113: 110: 108: 105: 103: 100: 98: 95: 93: 90: 88: 85: 83: 80: 78: 75: 73: 70: 68: 65: 63: 60: 58: 55: 53: 50: 49: 48: 47: 43: 39: 38: 35: 31: 19: 18:Related right 1748: 1739: 1730: 1721: 1714: 1710: 1701: 1692: 1685: 1681: 1674: 1669: 1662: 1657: 1650: 1645: 1638: 1633: 1612:cite journal 1593: 1572:cite journal 1553: 1546: 1541: 1520:cite journal 1501: 1492: 1483: 1474: 1465: 1456: 1447: 1438: 1427:. Retrieved 1423: 1414: 1405: 1396: 1387: 1378: 1368: 1359: 1350: 1331:. Retrieved 1326: 1317: 1308: 1301: 1279:moral rights 1270: 1260: 1250: 1241: 1232: 1221: 1214: 1204: 1193: 1179: 1165: 1158: 1149: 1142: 1128: 1119: 1094: 1090: 1049: 1047: 1029: 1013: 997: 985: 980: 974: 962: 948: 937: 935: 919: 914: 899: 874: 861: 844: 810: 802: 799: 775: 773: 770: 748: 739: 729: 726: 717: 708: 698: 696: 688: 684: 676: 670: 668: 664: 650: 646: 637: 630: 621: 612: 608: 600: 590: 584: 578: 569: 567: 556: 552: 549: 544: 532: 528: 519: 511: 497: 470: 462:moral rights 458: 435: 417: 414:(WPPT, 1996) 388: 365: 359: 351: 342: 335: 323: 319: 313: 278:Property law 269: 247:Pirate Party 242:Patent troll 225:Paraphrasing 215:Fair dealing 137:Trade secret 121: 97:Moral rights 1333:7 September 1291:passing off 1050:sui generis 998:sui generis 986:sui generis 981:sui generis 976:sui generis 921:sui generis 553:reciprocity 545:performance 479:due to the 367:sui generis 360:Within the 237:Orphan work 163:Abandonware 132:Trade dress 1762:Categories 1429:2020-01-10 1424:Justia Law 1287:defamation 1275:common law 1054:topography 1042:See also: 938:completion 918:creates a 671:inter alia 455:Performers 425:See also: 373:and other 347:copyrights 1226:version). 1048:A common 1004:Designers 930:databases 780:formality 778:level of 751:phonogram 749:The term 730:bona fide 477:royalties 198:Biopiracy 142:Trademark 62:Copyright 1343:Specific 1285:such as 1196:Source: 834:for hire 827:for hire 587:Fair Use 481:composer 274:Property 220:Fair use 57:Copyleft 1604:2625845 1564:2625845 1512:2625845 1108:or the 1025:Germany 967:Germany 776:maximum 1602:  1562:  1510:  1373:(1990) 1185:(from 1171:(from 1134:(from 1016:patent 579:entire 340:French 102:Patent 1283:torts 1103:Irish 971:Italy 540:Feist 1625:help 1600:SSRN 1585:help 1560:SSRN 1533:help 1508:SSRN 1335:2013 1293:and 1198:WIPO 1187:WIPO 1136:WIPO 1066:IPIC 969:and 953:and 928:for 878:and 322:(or 276:and 1173:WTO 1076:by 1056:of 334:". 314:In 1764:: 1616:: 1614:}} 1610:{{ 1576:: 1574:}} 1570:{{ 1524:: 1522:}} 1518:{{ 1422:. 1325:. 1289:, 1034:. 381:. 318:, 1627:) 1623:( 1606:. 1587:) 1583:( 1566:. 1535:) 1531:( 1514:. 1432:. 1337:. 1297:. 1200:. 1189:) 1175:) 1138:) 1115:. 303:e 296:t 289:v 20:)

Index

Related right
Intellectual property

Authors' rights
Copyleft
Copyright
Database right
Farmers' rights
Geographical indication
Indigenous intellectual property
Industrial design right
Integrated circuit layout design protection
Moral rights
Patent
Peasants' rights
Plant breeders' rights
Plant genetic resources
Related rights
Supplementary protection certificate
Trade dress
Trade secret
Trademark
Utility model
Abandonware
Artificial intelligence and copyright
Brand protection
Copyright abolition
Copyright troll
Criticism of copyright
Bioprospecting

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