Intellectual Property Rights

Study Notes

Intellectual Property and Creativity

Intellectual property protection helps maintain creativity in the interests of authors, performers, producers, consumers, culture, industry, and the public at large.
Authors and performers need to receive an appropriate reward for their work, and producers need to finance it, which requires adequate legal protection of intellectual property rights.

Personality Theory

Intellectual creations are linked to the personality of their author, as stated by Friedrich Hegel.
This theory is reflected in copyright protection, which requires originality of the work, defined as a reflection of the author's personality.
Moral rights, such as paternity and integrity rights, are also connected to the personality theory.

Derivative Works

Derivative works are based on other works, building upon expressive elements (internal or external form) taken from the original work.
Derivative works cannot be commercially exploited without consent from the rightsholder of the original work.
Derivation is different from mere inspiration, where a work builds upon ideas and non-protected elements from another work.

Originality

Copyright protection is granted only for original or creative works.
Originality is defined as the author's own intellectual creation, reflecting their personality.
According to the Directive 2009/24/EC (Software), a computer program is protected if it is original in the sense that it is the author's own intellectual creation.

Fixation

In common law countries, a work must be fixed in a tangible medium of expression to be protected by copyright.
Fixation is not required in civil law countries.

Human Intelligence vs. Artificial Intelligence

Artificial Intelligence is defined as a stochastic (unpredictable) parrot, requiring data and large assets to be trained.
Software intelligence, on the other hand, has a process that can be known and is predictable.
Creation is associated with human intelligence, while generation is associated with Artificial Intelligence.

Linking

According to the CJEU, linking to protected works freely available on another website does not constitute an "act of communication to the public".
However, linking to illegal sources without financial gain and without knowledge of the illegal nature of the publication is not considered a communication to the public.

Impact of Intellectual Property on Cultural Products

The impact of copyright on cultural production affects books, periodicals, visual arts, music, films, and broadcasts.
Relevant aspects of copyright law that reinforce the market power of media and entertainment corporations include alienability, duration, horizontal and vertical expansion, and weakening of fair dealing/fair use.

Protection of Traditional Knowledge and Cultural Expressions

Intellectual property rights must be distinguished from community rights, which protect traditional knowledge and cultural expressions.
Patent law and breach of confidence are related to traditional knowledge, with issues surrounding invention, novelty, and industrial application.

Description

This quiz covers the importance of intellectual property rights in protecting the creative work of authors, performers, and producers. It highlights the need for appropriate reward and financing to ensure continued creativity and innovation.