Copyright Law: Literary and Artistic Works

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Questions and Answers

What is a collective work according to 17 USC & 101?

A work that is not subject to copyright protection

A work in which a number of contributions are assembled into a collective whole (correct)

A single work created by multiple authors

A work that is created by a single author

Who is considered the author of the work as a whole in a collective work?

The publishers of the collective work

The directors/editors/coordinators choosing and coordinating the individual contributions (correct)

The readers of the collective work

The contributors of the separate and independent works

What is protected by copyright in a collective work according to the Berne Convention?

Only the collective work as a whole

Neither the individual contributions nor the collective work as a whole

Only the individual contributions

Both the individual contributions and the collective work as a whole (correct)

What makes a collective work original?

The selection or the arrangement of the content Signup and view all the answers

What is the term for a work created through the creative contribution of multiple authors?

A collective work Signup and view all the answers

What is the role of the contributors in a collective work?

They are the authors of their own individual contributions Signup and view all the answers

What does the originality of a work have to do with?

Nothing Signup and view all the answers

What is the minimum amount of work protected by copyright?

Any part of a work, as long as it's original Signup and view all the answers

According to the CJEU, what is required for a work to be protected by copyright?

The elements of the work must express the intellectual creation of their author Signup and view all the answers

Who is considered the author of a work for copyright purposes?

The person who creates the work's expressive form Signup and view all the answers

What is the presumption of authorship?

The person whose name appears on the work is presumed to be the author Signup and view all the answers

What is required to acquire copyright protection?

The mere act of creation Signup and view all the answers

What is the purpose of a copyright notice?

To provide public notice of the work's copyright status Signup and view all the answers

What is the typical format of a copyright notice?

© [Rightsholder] [Year/s] Signup and view all the answers

What is the scope of literary and artistic works according to Article 2(1)?

Includes every production in the literary, scientific, and artistic domain Signup and view all the answers

What is not protected by copyright according to the WIPO Copyright Treaty?

All of the above Signup and view all the answers

What can be considered as literary and artistic works?

Everything that can be considered as art Signup and view all the answers

Why are ideas not protected by copyright?

Because they are too important to be exclusively appropriated by someone Signup and view all the answers

What is an example of an idea that can be protected by copyright?

The format of a TV show Signup and view all the answers

What is included in the domain of literature according to Article 2(1)?

Lectures, addresses, sermons, and other works of the same nature Signup and view all the answers

What is assimilated with works expressed by a process analogous to photography?

Photographic works Signup and view all the answers

What is included in the domain of artistic works according to Article 2(1)?

Works of drawing, painting, architecture, sculpture, engraving, and lithography Signup and view all the answers

What is the main difference between honor and reputation?

Honor is what the author thinks of themselves, while reputation is what others think of the author Signup and view all the answers

What is the 'right of withdrawal' in some civil law countries?

The right to withdraw one's work from circulation in the market Signup and view all the answers

What is the main principle underlying Article 6bis of the Berne Convention?

The principle of independence between moral rights and economic rights Signup and view all the answers

What happens to an author's moral rights after their death, according to Article 6bis of the Berne Convention?

They are exercised by the persons or institutions authorized by the legislation of the country where protection is claimed Signup and view all the answers

How long do moral rights typically last in the EU?

Forever, and cannot be waived or transferred Signup and view all the answers

What is a key difference between moral rights and economic rights?

Moral rights cannot be transferred, while economic rights can be Signup and view all the answers

What can be waived, according to the text?

Economic rights Signup and view all the answers

What is the general rule set in the Berne Convention regarding the duration of moral rights?

Moral rights last at least as long as the economic rights Signup and view all the answers

What is the general principle of linking according to the CJEU in case C-466/12, Svensson?

Posting clickable links to freely available works does not constitute an act of communication to the public Signup and view all the answers

What is the difference between the original communication and the retransmission of a terrestrial television broadcast over the internet?

The original communication is through television, while the retransmission is through the internet using a specific technical means Signup and view all the answers

What is the crucial factor in determining whether posting hyperlinks to protected works constitutes a communication to the public?

The knowledge of the illegal nature of the publication of the works Signup and view all the answers

What is the consequence of retransmitting a terrestrial television broadcast over the internet without authorization from the authors of the retransmitted works?

The retransmission is not exempt from authorization Signup and view all the answers

What is the concept of 'communication to the public' according to the CJEU in case C-527/15, Filmspeler?

The sale of a multimedia player with pre-installed add-ons containing hyperlinks to copyright-protected works Signup and view all the answers

What is the main difference between the cases C-466/12, Svensson and C-607/11, ITV Broadcasting?

The type of technical means used in the communication Signup and view all the answers

What is the consequence of posting hyperlinks to protected works without the consent of the copyright holder, according to the CJEU in case C-160/15, GS Media?

The posting is not exempt from authorization if the linker knew or could reasonably have known the illegal nature of the publication Signup and view all the answers

What is the common element between the cases C-607/11, ITV Broadcasting and C-527/15, Filmspeler?

The use of specific technical means in the communication Signup and view all the answers

Study Notes

Literary and Artistic Works

"Literary and artistic works" include every production in the literary, scientific, and artistic domain, such as books, lectures, dramatic works, musical compositions, cinematographic works, and works of drawing, painting, architecture, and photography.
This definition is fairly flexible and includes computer programs and databases.
The idea/expression dichotomy means that ideas are not protected, but expressions are.

Scope of Copyright Protection

According to the WIPO Copyright Treaty, copyright protection extends to expressions, not to ideas, procedures, methods of operation, or mathematical concepts.
Ideas, contents, style, historical facts, news, principles, and schemes are not protected by copyright.
However, if an idea is sufficiently elaborated, it can be protected by copyright (e.g., the format of a TV show).

Originality and Minimum Amount of Work Protected

The originality of a work has nothing to do with merit or purpose.
An original work is protected as a whole and in part, if each part is per se original.
According to the CJEU (case C-5/08, Infopaq), storing an extract of a protected work comprising 11 words and printing out that extract is prohibited if the elements thus reproduced are the expression of the intellectual creation of their author.

Authorship

The author is the person who creates the work, making "free and creative" choices in its realization.
The author is not the one who contributes to the realization of the work without playing an essential role in the creation of the expressive form of the work (e.g., the one who suggests the underlying idea).
The author of the work is presumed to be the one whose name appears on the work.

Absence of Formalities and Presumption of Authorship

Copyright is acquired by the mere act of creation, and no registration, publication, or other formality is required.
The author's name appearing on the work is sufficient to presume authorship.

Role of Copyright Notices

Works Created by Multiple Authors and Employees

Collective works are created through the creative contribution of multiple authors, such as periodical issues, anthologies, or encyclopedias.
In a collective work, there are multiple contributors of separate and independent works, and the author(s) of the work as a whole.
The originality of a collective work lies in the selection or arrangement of its contents.

Moral Rights

Moral rights are separate from economic rights and include the right to claim authorship and to object to any distortion, mutilation, or modification of the work.
Moral rights last at least until the expiry of the economic rights and are exercisable by the persons or institutions authorized by the legislation of the country where protection is claimed.
In the EU, moral rights normally last forever, cannot be waived, and cannot be transferred.

Economic Rights

Economic rights can be transferred by contract, waived, and have a limited duration.
The duration of economic rights is set by the Berne Convention and varies depending on the country.

Linking and Communication to the Public

The provision of clickable links to works freely available on another website does not constitute an "act of communication to the public" (CJEU, case C-466/12, Svensson).
The making of works available through the retransmission of a terrestrial television broadcast over the internet uses a specific technical means different from the original communication and requires authorization (CJEU, case C-607/11, ITV Broadcasting).
Linking to protected works on a website without the consent of the copyright holder may constitute a "communication to the public" if the linker knew or could reasonably have known the illegal nature of the publication (CJEU, case C-160/15, GS Media).
The sale of a multimedia player with pre-installed add-ons containing hyperlinks to websites with copyright-protected works made available without consent may also constitute a "communication to the public" (CJEU, case C-527/15, Filmspeler).

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Description

This quiz covers the definition of literary and artistic works according to Article 2(1) of the copyright law. It includes various forms of expression such as books, lectures, musical compositions, and cinematographic works.