Copyright Lecture Notes PDF
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This document provides a detailed overview of copyright. It discusses the basics of copyright, including what it is, who owns it, and what rights it entails. Furthermore, it covers legal frameworks, protections, and relevant international conventions. The note also touches upon infringement, exceptions, and global perspective of copyright.
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COPYRIGHT INTRODUCTION Copyright is a form of intellectual property protection that grants exclusive rights to creators of original works, such as literature, music, art, and film. COPYRIGHT GIVE THE FOLLOWING RIGHT TO THE OWNER -Copy the work -Broadcast the work -Issue...
COPYRIGHT INTRODUCTION Copyright is a form of intellectual property protection that grants exclusive rights to creators of original works, such as literature, music, art, and film. COPYRIGHT GIVE THE FOLLOWING RIGHT TO THE OWNER -Copy the work -Broadcast the work -Issue copies to the public -Adapt the work -Perform, show or play the -Rent or lend the work work RULES OF COPYRIGHT 1. You cannot use copyrighted material without written permission from the creator of the material (or from its copyright holder). 2. Material can be protected even if it does not display the © symbol. Even if no mention is made regarding copyright, you must assume that all material from another source is protected. 3. Penalties for violating copyright laws can range from mild to severe. If you break the copyright law, you might simply receive an e-mail message from the author asking you to stop using the material. If you publish the material on a website, the webmaster might shut down your site. Or you could be sued by the author or prosecuted by federal authorities. 4. To make sure you are not violating any copyright law, it is important that you do the following: i. Write or send e-mail to the author or creator and ask permission to use the material. Do not use it until you are given permission. ii. Follow the directions on the site regarding use of material. You might be asked to create a link on your page or to notify the author or creator. iii. Most important: Do not use any material if you don’t have written permission. 5. Copyright notice is no longer required to obtain protection, but it is often beneficial. Copyright notice for visually perceptible material should contain the following three elements: i. The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.” ii. The year of first publication iii. The name of the owner of copyright Example: © 2005 Adobe Systems Incorporated 6. Copyright notice for phonorecords and sound recordings should contain the following three elements: i. The symbol ℗ (the letter P in a circle) ii. First year of first publication iii. The name of the owner of copyright 7. The copyright notice should be affixed in such a way as to “give reasonable notice of the claim of copyright.” PRINCIPLES OF COPYRIGHT 1. Originality: The work must be original and not copied from another source. 2. Fixation: The work must be fixed in a tangible form, such as written or recorded. 3. Expression: Copyright protects the expression of an idea, not the idea itself. 4. Exclusive Rights: Copyright grants the creator exclusive rights to reproduce, distribute, and display the work. TYPES OF WORKS PROTECTED BY COPYRIGHT 1. Literary Works: Books, articles, poems, and other written works. 2. Musical Works: Compositions, lyrics, and sound recordings. 3. Artistic Works: Paintings, sculptures, photographs, and other visual works. 4. Cinematographic Works: Films, television shows, and other audiovisual works. 5. Sound Recordings: Recordings of music, speech, or other sounds. COPYRIGHT REGISTRATION 1. Voluntary Registration: Registration is not required, but it provides legal benefits. 2. Registration Process: File an application with the Nigeria Copyright Commission, providing required information and fees. 3. Benefits of Registration: Establishes a public record, provides statutory damages, and enables enforcement. COPYRIGHT INFRINGEMENT 1. Direct Infringement: Reproducing, distributing, or displaying a copyrighted work without permission. 2. Indirect Infringement: Contributory or vicarious infringement, where one party facilitates or profits from another's infringement. 3. Fair Use: A defense to infringement, allowing limited use of copyrighted material for purposes such as criticism, commentary, or education. INTERNATIONAL COPYRIGHT PROTECTION 1. Berne Convention: An international treaty establishing minimum copyright standards. 2. Universal Copyright Convention: A treaty providing additional protections for authors. 3. World Intellectual Property Organisation (WIPO) Copyright Treaty: A treaty addressing digital copyright issues. DIGITAL COPYRIGHT ISSUES 1. Digital Rights Management (DRM): Technologies protecting digital content from unauthorized use. 2. Peer-to-Peer (P2P) File Sharing: Sharing copyrighted files without permission. 3. Online Piracy: Unauthorized distribution or reproduction of copyrighted works online. EXCEPTIONS TO THE RULE: CREATING A WORK ON SOMEONE’S BEHALF If you created the work as an employee, acting within the scope of your employment, then the copyright owner is your employer. In addition, if you are a freelancer, and where your contract specifies that you have created a work as a “work made for hire”, then the first owner of the copyright is the person that contracted you to create it. CONCLUSION Copyright law plays a crucial role in protecting creators' rights and promoting innovation. Understanding the principles, types of protected works, registration process, infringement, and international protection is essential for navigating the complex world of copyright.
