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Neighboring Rights
In copyright law, related rights (or neighbouring rights) are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". ''Neighbouring rights'' is a more literal translation of the original French ''droits voisins''. Both authors' rights and related rights are copyrights in the sense of English or U.S. law. 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 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations 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 ...
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Copyright Law
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rig ...
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Royalties
A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation.Guidelines for Evaluation of Transfer of Technology Agreements, United Nations, New York, 1979 A royalty interest is the right to collect a stream of future royalty payments. A license agreement defines the terms under which a resource or property are licensed by one party to another, either without restriction or subject to a limitation on term, business or geographic territory, type of product, etc. License agreements can be regulated, particularly where a government is the resource owner, or they can be private contracts that follow a general structure. However, certain types of franchise agreements have comparable provisions. N ...
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Copyright Law Of The European Union
The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention. History Attempts to harmonise copyright law in Europe (and beyond) can be dated to the signature of the Berne Convention for the Protection of Literary and Artistic Works on 9 September 1886: all European Union Member States are parties of the Berne Convention, and compliance with its dispositions is now ob ...
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Directive 2001/29/EC
The Copyright and Information Society Directive 20012001/29 is a directive in European Union law that was enacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions. The directive was first enacted in 2001 under the internal market provisions of the Treaty of Rome. The draft directive was subject to unprecedented lobbying and was considered a success for Europe's copyright laws. The 2001 directive gave EU Member States significant freedom in certain aspects of transposition. Member States had until 22 December 2002 to transpose the directive into their national laws, although only Greece and Denmark met the deadline. Provisions Rights Articles 2–4 contain definitions of the exclusive rights granted to under copyright and related rights. They distinguish the "reproduction right" (Article 2) from the right of "communication to the public" or "making available to the public" (Article 3) ...
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Directive 92/100/EEC
Directive 92/100/EEC is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It creates a "rental and lending right" as a part of copyright protection, and sets out minimum standards of protection for the related rights of performers, phonogram and film producers and broadcasting organizations. Rental and lending right The following rightsholders have the exclusive right, subject to limitations, to authorize or prohibit the rental or lending of their works rt. 2(1) *authors in respect of the original and copies of their works (except buildings and applied art); *performers in respect of fixations of their performance; *phonogram producers in respect of his phonograms; and *producers of the first fixation of films in respect of the original and copies of their films. This list is limitative: Portugal has been censured by the European Court of Justice for creating a lending and rental right in favor of v ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Copyright Formalities
Copyright formalities are legal (generally statutory) requirements needed to obtain a copyright in a particular jurisdiction. Common copyright formalities include copyright registration, copyright renewal, copyright notice, and copyright deposit. Benefits and critiques Copyright formalities had certain benefits to users and holders of copyrights. First, they made determination of copyright status fairly easy. Copyright notice requirements—such as placing a notice of copyright on the work itself, along with the copyright holder, and the date of copyright—meant that any work could readily be determined to be in copyright simply by looking for the copyright notice. Copyright registration and renewal requirements meant that records of copyright owners were centrally located and made available; this facilitated licensing arrangements, and contacting the holders. It also provided authoritative records about who owned the copyright, in case of disputes. However, copyright for ...
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Audio Recording
Sound recording and reproduction is the electrical, mechanical, electronic, or digital inscription and re-creation of sound waves, such as spoken voice, singing, instrumental music, or sound effects. The two main classes of sound recording technology are analog recording and digital recording. Sound recording is the transcription of invisible vibrations in air onto a storage medium such as a phonograph disc. The process is reversed in sound reproduction, and the variations stored on the medium are transformed back into sound waves. Acoustic analog recording is achieved by a microphone diaphragm that senses changes in atmospheric pressure caused by acoustic sound waves and records them as a mechanical representation of the sound waves on a medium such as a phonograph record (in which a stylus cuts grooves on a record). In magnetic tape recording, the sound waves vibrate the microphone diaphragm and are converted into a varying electric current, which is then converted to a v ...
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TRIPS Agreement
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO. The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stat ...
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Work For Hire
A work made for hire (work for hire or WFH), in copyright law in the United States, is a work that is subject to copyright and is created by employees as part of their job or some limited types of works for which all parties agree in writing to the WFH designation. ''Work for hire'' is a statutorily defined term () and so a work for hire is not created merely because parties to an agreement state that the work is a work for hire. It is an exception to the general rule that the person who actually creates a work is the legally-recognized author of that work. In the United States and certain other copyright jurisdictions, if a work is "made for hire," the employer, not the employee, is considered the legal author. In some countries, this is known as corporate authorship. The entity serving as an employer may be a corporation or other legal entity, an organization, or an individual. Author accreditation in the US Accreditation has no impact on work for hire in the US. The actual creat ...
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Fair Use
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ...
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Zacchini V
Zacchini is an Italian surname. Notable people with the surname include: * Edmondo Zacchini (1894–1981), American circus performer *Hugo Zacchini Hugo Zacchini (20 October 1898 – 20 October 1975), one of the Zacchini Brothers, was the first human cannonball to use a compressed-air cannon. His father Ildebrando Zacchini invented the compressed-air cannon used to propel humans in cir ... (1898–1975), American circus performer * Ildebrando Zacchini (1868–1948), Maltese-born American painter, inventor and travelling circus owner See also *'' Zacchini v. Scripps-Howard Broadcasting Co.'', a United States Supreme Court case {{surname Italian-language surnames ...
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