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What is the primary purpose of copyright protection?
What is the primary purpose of copyright protection?
The primary purpose of copyright protection is to safeguard the rights of authors and encourage creativity.
What are the requirements for a work to be eligible for copyright protection?
What are the requirements for a work to be eligible for copyright protection?
The work must be original and involve an expression of thought; ideas themselves are not protected.
Define 'original work' in the context of copyright.
Define 'original work' in the context of copyright.
'Original work' refers to a creation that is independently produced and not copied from another source.
Who qualifies as an author of a literary or dramatic work?
Who qualifies as an author of a literary or dramatic work?
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What does joint authorship entail under copyright law?
What does joint authorship entail under copyright law?
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Give two examples of works that are protected by copyright.
Give two examples of works that are protected by copyright.
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Why is the protection of copyright important for economic development?
Why is the protection of copyright important for economic development?
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What is meant by the term 'artistic work' in copyright law?
What is meant by the term 'artistic work' in copyright law?
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What is required for an individual to adapt a copyrighted work legally?
What is required for an individual to adapt a copyrighted work legally?
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How does copyright function as both a positive and a negative right?
How does copyright function as both a positive and a negative right?
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Define adaptation in the context of copyright.
Define adaptation in the context of copyright.
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What distinguishes a derivation from an adaptation?
What distinguishes a derivation from an adaptation?
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In terms of copyright, what is a transformation?
In terms of copyright, what is a transformation?
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What are the legal implications of creating an adaptation or derivation of a copyrighted work?
What are the legal implications of creating an adaptation or derivation of a copyrighted work?
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Who qualifies as a performer under copyright law?
Who qualifies as a performer under copyright law?
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What determines the copyright protection of mathematical formulations and why?
What determines the copyright protection of mathematical formulations and why?
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Explain why a performer’s rights are significant in the context of live performances.
Explain why a performer’s rights are significant in the context of live performances.
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Under what conditions does copyright protection extend to recipes?
Under what conditions does copyright protection extend to recipes?
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What is the general term of copyright as established by the Berne Convention?
What is the general term of copyright as established by the Berne Convention?
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How long does copyright subsist for works published in India during the author's lifetime?
How long does copyright subsist for works published in India during the author's lifetime?
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What is the term of copyright for anonymous or pseudonymous works in India?
What is the term of copyright for anonymous or pseudonymous works in India?
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What happens to the copyright of posthumous works if the author's identity is known?
What happens to the copyright of posthumous works if the author's identity is known?
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When does copyright for cinematographic films begin?
When does copyright for cinematographic films begin?
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How is the term of copyright calculated for works of joint authorship?
How is the term of copyright calculated for works of joint authorship?
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What rights does a performer have regarding their performance?
What rights does a performer have regarding their performance?
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For how long do a performer's rights last after the performance?
For how long do a performer's rights last after the performance?
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What does the term 'broadcast' refer to in the context of rights mentioned?
What does the term 'broadcast' refer to in the context of rights mentioned?
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What rights does a broadcaster have over their broadcasts?
What rights does a broadcaster have over their broadcasts?
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What constitutes a sound recording according to the provided content?
What constitutes a sound recording according to the provided content?
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What are moral rights and how do they differ from economic rights?
What are moral rights and how do they differ from economic rights?
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How is a cinematographic film defined in the context provided?
How is a cinematographic film defined in the context provided?
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List two types of works protected by copyright under the literary category.
List two types of works protected by copyright under the literary category.
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How long do a broadcaster's rights last?
How long do a broadcaster's rights last?
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What constitutes copyright infringement?
What constitutes copyright infringement?
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What is the primary distinction between literary and dramatic works?
What is the primary distinction between literary and dramatic works?
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Can moral rights be transferred with the assignment of copyright?
Can moral rights be transferred with the assignment of copyright?
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What aspect of ideas does copyright protect?
What aspect of ideas does copyright protect?
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Explain why copyright does not protect facts.
Explain why copyright does not protect facts.
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What are some examples of works included in the artistic category of copyright protection?
What are some examples of works included in the artistic category of copyright protection?
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What type of work does copyright not protect when it comes to useful articles?
What type of work does copyright not protect when it comes to useful articles?
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Study Notes
What is Copyright
- Copyright is a legal right granted to creators of original works, including literary, dramatic, musical, and artistic works, as well as cinematographic films and sound recordings.
- Copyright safeguards the rights of authors and encourages creativity.
Who is an Author
- The author is the person who creates the work.
- This includes composers, artists, photographers, and producers of films and sound recordings.
- Joint Authorship occurs when two or more authors collaborate, and their contributions are not distinct.
Works Protected by Copyright
- Artistic Works: Paintings, sculptures, drawings, engravings, photographs, architectural works, and artistic craftsmanship.
- Musical Works: Works consisting of music, including graphical notation.
- Sound Recordings: Recordings of sounds that can be reproduced, regardless of the medium.
- Cinematographic Films: Works of visual recording that produce moving images, including accompanying sound recordings.
- Dramatic Works: Plays, dance, mime, choreographic works, and entertainment in dumb show.
- Literary Works: Books, poems, magazines, speeches, etc.
Difference between Literary and Dramatic Works
- Literary Work: Can be read.
- Dramatic Work: Performed based on a script (dialogue and action).
What Copyright Does Not Protect
- Ideas: Copyright protects the expression of an idea, not the idea itself.
- Facts: Facts, whether historical, scientific, or biographical, are not protected by copyright.
- Single Words, Titles, Slogans: These are generally considered too short to be protected.
- Useful Articles: A bathroom sink or computer monitor are not copyrightable, although artistic elements within the article may be.
- Mathematical Formulations: The standard notation for expressing mathematical concepts means the idea and expression are inseparable.
- Recipes: Copyright protection may extend to explanations and illustrations accompanying a recipe, but not to the list of ingredients alone.
Term of Copyright
- Berne Convention: Copyright lasts for the author's lifetime plus 50 years.
-
India:
- Published Works: 60 years from the beginning of the calendar year following the author's death.
- Anonymous/Pseudonymous Works: 60 years from the beginning of the calendar year following the year of first publication (period extends if authorship is disclosed).
- Posthumous Works: 60 years from the date of publication.
- Cinematographic Films: 60 years from the beginning of the calendar year following the year the film was published.
Adaptation, Derivation, Transformation
- Adaptation: A work that is essentially the same as the original, but in a different format.
- Derivation: A work based on the original, but with original contributions from the creator.
- Transformation: A completely new work based on the raw data of the original work.
- Adaptations and derivations require a licence from the copyright holder.
Performers' Rights
- Performer's Rights: A performer (actor, singer, musician, etc.) has rights to record, reproduce, broadcast, and communicate their performance to the public.
- Term of Performer’s Rights: 25 years.
- Performance in Films: Once a performer consents to the incorporation of their performance in a film, their performer's rights for that performance are relinquished.
Broadcaster's Rights
- Broadcaster's Rights: A broadcaster (radio or television station, etc.) has rights to rebroadcast, make recordings, and reproduce broadcasts.
- Term of Broadcaster’s Rights: 25 years from the beginning of the calendar year following the year the broadcast is made.
Moral Rights
- Moral Rights: Authors have the right to be recognized as the creator of their work and to prevent distortions, mutilations, or modifications that would damage their reputation.
- Moral rights are independent of economic rights.
- They remain with the author even after the copyright has been assigned.
Copyright Infringement
- Copyright infringement is the unauthorized use of works protected by copyright laws.
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Description
Explore the essential concepts of copyright, including the definition, the role of authors, and the types of works protected. This quiz helps you understand the legal rights granted to creators and the importance of safeguarding originality in the arts.