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Copyright Law Of The European Union
Copyright law within the European Union is largely harmonized, although differences between member states 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 2006, 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 obligatory before accession. The first major step taken by the European E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright
A copyright is a type of intellectual property that gives its owner the exclusive legal 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 and fair dealings doctrine in the United Kingdom. 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 normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that govern international trade in cooperation with the United Nations System. The WTO is the world's largest international economic organization, with 166 members representing over 98% of global trade and global GDP. The WTO facilitates trade in goods, trade in services, services and intellectual property among participating countries by providing a framework for negotiating trade agreements, which usually aim to reduce or eliminate tariffs, Import quota, quotas, and other Trade barrier, restrictions; these agreements are signed by representatives of member governments. (The document's printed folio numbers do not match the PDF page numbers.) and ratified by their legislatures. It also administers independent dispute resolution for enforcing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Droit De Suite
''Droit de suite'' ( French for "right to follow") or Artist's Resale Right (ARR) is a right granted to artists or their heirs, in some jurisdictions, to receive a fee on the resale of their works of art. This should be contrasted with policies such as the American first-sale doctrine, where artists do not have the right to control or profit from subsequent sales. History The ''droit de suite'' was first proposed in France around 1893, in response to a decrease in the importance of the salon, the end of the private patron, and to champion the cause of the "starving artist". France enacted the right into law in 1920, seemingly because many artists, and their families, had suffered from the First World War, and ''droit de suite'' was seen as a means to remedy socially difficult situations. According to Renaud Donnedieu de Vabres, ''droit de suite'' was created in France following the sale of Millet's 1858 painting, the '' Angélus'', in 1889 at the Secretan sale. The owner of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Economic Area
The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade Association (EFTA). The EEA links the EU member states and three of the four EFTA states (Iceland, Liechtenstein, and Norway) into an internal market governed by the same EU laws. These rules aim to enable free movement of persons, goods, services, and capital within the European single market, including the freedom to choose residence in any country within this area. The EEA was established on 1 January 1994 upon entry into force of the EEA Agreement. The contracting parties are the EU, its member states, and Iceland, Liechtenstein, and Norway. New members of EFTA would not automatically become party to the EEA Agreement, as each EFTA State decides on its own whether it applies to be party to the EEA Agreement or not. According to Article 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Directive 2011/77/EU
Directive 2011/77/EU on the term of protection of copyright and certain related rights amended Directive 2006/116/EC and extended copyright terms of recordings from 50 to 70 years. It was passed by the Council of the European Union on 12 September 2011 after the European Parliament passed it on 23 April 2009 establishing a term of 70 years, lower than the 95 years the European Commission had proposed on 16 July 2008. Purpose of the extension The stated purpose of the extension of the recording copyright term is to "bring performers' protection more in line with that already given to authors - 70 years after their death." The term in Directive 2006/116/EC is 50 years after publishing the performance, or 50 years after the performance if it is not published. Argument for and against The Impact of Copyright Extension for Sound Recordings in the UK (cited by the European Commission) suggested that the extension to 95 years would increase revenue by £2.2 million to £34.9 million ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resale Rights Directive
Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art 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 right under European Union law for artists to receive royalties on their works when they are resold. This right, often known by its French name '' droit de suite'', appears in the Berne Convention for the Protection of Literary and Artistic Works (as Art. 14ter) and already existed in many, but not all, Member States. As a result, there was a tendency for sellers of works of art to sell them in countries without ''droit de suite'' provisions (e.g. United Kingdom) to avoid paying the royalty. This was deemed to be a distortion of the internal market (paras. 8–11 of the preamble), leading to the Directive. Application of the ''droit de suite'' For the ''droit de suite'' to app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resale Right
''Droit de suite'' ( French for "right to follow") or Artist's Resale Right (ARR) is a right granted to artists or their heirs, in some jurisdictions, to receive a fee on the resale of their works of art. This should be contrasted with policies such as the American first-sale doctrine, where artists do not have the right to control or profit from subsequent sales. History The ''droit de suite'' was first proposed in France around 1893, in response to a decrease in the importance of the salon, the end of the private patron, and to champion the cause of the "starving artist". France enacted the right into law in 1920, seemingly because many artists, and their families, had suffered from the First World War, and ''droit de suite'' was seen as a means to remedy socially difficult situations. According to Renaud Donnedieu de Vabres, ''droit de suite'' was created in France following the sale of Millet's 1858 painting, the '' Angélus'', in 1889 at the Secretan sale. The owner of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moral Rights (copyright Law)
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation". Berne Convention for the Protection of Literary and Artistic Works, September 9, 1886, art. 6bis, S. Treaty Doc. No. 27, 99th Cong., 2d Sess. 41 (1986). Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Satellite And Cable Directive
The Satellite and Cable Directive (frequently shortened to SatCab Directive), formally the Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, is a European Union directive that governs the application of copyright and related rights to Satellite television, satellite and cable television in the European Union. It was made under the Single European market, internal market provisions of the Treaty of Rome. Satellite broadcasting An author has the exclusive right to authorise or prohibit the broadcasting of his or her works by satellite (Art. 2). This right may only be subject to a compulsory licensing scheme when the satellite broadcast is simultaneous with a terrestrial broadcast [Art. 3(2)]. Satellite broadcasting is assimilated to terrestrial broadcasting for the purposes of related rights (rights of performers, phonogr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World Intellectual Property Organization Copyright Treaty
The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2023, the treaty has 115 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties". History During the earlier stages of negotiations, the WCT was seen as a protocol to the Berne Convention, constituting an update of that agreement since the 1971 Stockholm Conference.Mort SA, 'The WTO, WIPO & the Internet: Confounding the Borders of Copyright and Neighboring Rights' (1997–98) 8 Fordham Intell Prop Media & Ent LJ 173. However, as any amendment to the Berne Convention required unanimous consent of all parties, the WCT wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
WIPO Performances And Phonograms Treaty
The WIPO Performances and Phonograms Treaty (or WPPT) is an international treaty adopted in Geneva on 20 December 1996. It came into effect on 20 May 2002. The treaty deals with the rights of two kinds of beneficiaries, particularly in the digital environment: performers (actors, singers, musicians, etc.); and producers of phonograms (persons or legal entities that take the initiative and have the responsibility for the fixation of sounds). As of August 2023, the treaty has 112 contracting parties. The Treaty is open to States members of World Intellectual Property Organization (WIPO) and to the European Community. The treaty is administered by WIPO. Content WPPT was adopted with an objective to develop and maintain the protection of the rights of performers and producers of phonograms in a manner as effective and uniform as possible. This treaty would not disturb the existing obligations that Contracting Parties have to each other under the International Convention for the Pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agreement On Trade-Related Aspects Of Intellectual Property Rights
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement, 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 on the TRIPS agreement and public health, Doha Declarati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
