Copyright Protection PDF

Summary：when we're talking about copyright, it is not about the physical book. It's not about the digital representation of the book and the e book. it's just the content layer. 2 The work as an object of protection 2.1 Term At the very beginning of copyright Protection, we already do not have a h...

Summary：when we're talking about copyright, it is not about the physical book. It's not about the digital representation of the book and the e book. it's just the content layer. 2 The work as an object of protection 2.1 Term At the very beginning of copyright Protection, we already do not have a harmonizing, harmonization through idea in union. So we do not have one European understanding of what a copywriting award is. However, the cju in its case. Judgment said that, for example, 8 words must be sufficient for copyright Protection. ➢ Not harmonized in the EU => however, hints in the CJEU’s Infopaq judgement: 8 words sufficient for copyright protection (CJEU C-5/08 – 16.07.2009) => Establishment of an autonomous European concept of a work? ➢ Sec 2 (2) GCA 4requires “author’s own intellectual creations” ➢ Protected work must fulfill the following requirements: - Personal creation - Intellectual content - Tangible shape The tangible changes means that the intellectual creation must be perceivable, must be made perceivable to humans 2.2 Personal creation Since we are following the central, the continental European approach. We're having the creative principle which put a human in the middle of everything. ➢ Human person must create the work (大猩猩自己拍的不算) ➢ Object trouvé => No creations by human hands are found in nature objects (e.g. an aesthetic tree root) ➢ Slater vs. Wikimedia Foundation / Naruto & PETA vs. Slater - Naruto (monkey) took a picture with Mr. Slater’s camera, which was eventually published on Wikipedia - Slater sought an injunction against the dissemination of the picture against the Wikimedia Foundation - PETA coveted the authorship of Naruto ➢ Only if a human (will) controls the concrete process of creation, a work of art can come into being => purely mechanical/machine products are not subject 4 Sec 2 (2) GCA: Only the author’s own intellectual creations constitute works within the meaning of this Act. 41 to copyright protection A work of art can only be produced if the human will controls the specific creative process, purely mechanical/machine products are not copyrighted ➢ Works created by artificial intelligence? (Ai doesn’t count) It is not about what you are depicting in your picture. It is about who took the picture. ➢ Originality => independent work (as opposed to imitation and duplication) The originality is basically for basic sets that has to be independent work. So it should not just duplicate or imitate that previously existing work. So basically we have had that before patent into trademark as well. The trademark must be distinctive or it happened must only be granted to an invention. Therefore, it must be something new. And this is very same year for the original period. It might be something new. 2.3 Intellectual content ➢ Expression of the individual spirit it must have some kind of expression of the individual spirit of the creator It must have some expression of the creator’s personal spirit ➢ The work must show, that someone (a human) has created it => Personal relation of the work to its creator -- this connection between the creator and the work we also kind of have the requirement that this must become perceivable – This connection between the producer and the work we also need this connection to become palpable ➢ Low requirements: At all times, however, there must be scope (or a room) for expression within which the creative personality (individuality) can unfold ➢ Note: This intellectual content has nothing to do with aesthetics. The purpose of the creation of work is not important (e.g. getting remuneration) => work does not necessarily needs to have a certain message 2.4 (Tangible) Shape An idea itself is not sufficient to amount to copyright protection Excursus: Freedom of ideas and information (Short Stories: Freedom of Thought and Information) - Ideas, findings and information must not be monopolized (Ideas, discoveries and information cannot be monopolized) - Methods and concepts are not copyrightable (e.g. a certain style of painting) The creative idea must have taken shape => author must have given it a certain form 42 Idea can be perceived by third parties (e.g. live concert, which is not recorded, is also subject to copyright protection) (Creativity can be detected by third parties (e.g. unrecorded live concerts, also protected by copyright)) Works acquire the quality of a personal intellectual creation "through their content or through their form or through the combination of content and form". – Government draft on GCA, BT Drs. IV/270, p. 38 (The quality of individual intellectual creativity acquired by the work "through content or form, or through a combination of content and form".) 2.5 Types of work, Sec 2 (1) GCA5 a. Literary works, Sec 2 (1) No. 1 GCA ➢ Books, magazines, screenplays, speeches, lectures, advertising texts we have a very prestrict approach to scientific works, it is not the information itself that we want to protect, but the concrete way of representation. Only what this, for example, publish in magazine is protected. The way it presented, not the information inside. It's very important, especially when it comes to scientific to scientific works. business letters: There is certain design which has always been used for that and the sample was can be detected (case by case judgement, not necessarily) ➢ Computer Programs (=> harmonized by Software-Directive 2009/24/EC) => low level of originality is accepted b. Musical works, Sec 2 (1) No. 2 GCA ➢ Music = composed sequences of tunes, which are meant to give the listener and acoustic experience => also parts of musical works Low level of originality (especially due to mass production of music) ➢ Protectability of John Cage “Stück 4’33’’” - Possible background noises here are just random and not controlled by the composer - No copyright protection Parts of musical works: - single notes/chords do not enjoy protection - Sequence of sounds may be protectable 5 Sec 2 (1) GCA: Protected works in the literary, scientific and artistic domain include, in particular: 1.literary works, such as written works, speeches and computer programs; 2.musical works; 3.pantomimic works, including works of dance; 4.artistic works, including works of architecture and of applied art and drafts of such works; 5.photographic works, including works produced by processes similar to photography;6.cinematographic works, including works produced by processes similar to cinematography; 7.illustrations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and three-dimensional representations.o cinematography; 43 Silence can also be an acoustic experience, but at least do not have a sequence of tunes. (Silence cannot be protected by copyright) ➢ A company took a sequence of just 2 seconds from a different song. The copyright protection is debated, It is may sufficient to be able to express yourself within these 2 seconds. c. Pantomimic works including works of dance, Sec 2 (1) No. 3 GCA Transportation of a thought or an intellectual content with the means of movement, facial expressions and gestures (communicate ideas or intellectual content through movement, facial expr.’s and gestures) d. Artistic works, Sec 2 (1) No. 4 GCA ➢ General term: works of fine art Example：in my hometown in getting in, we have a very big library and this has been designed by an architect. And the problem we are facing at the moment is that the library is not very old, but I mean you can just renovate it in some areas. However, when the architecture says is, well, this is my corporate protectable work, I simply do not want you to change anything to this building, cuz it is my work and I'm not allowing you to renovate anything except for the toilets ➢ Term “art” is not definable => Examples: Street art, appropriation art, happenings, tattoos, masks, stage designs, comic drawing (wide range) including works of architecture and applied art and drafts such, a draft of such work Example：in my hometown in getting in, we have a very big library and this has been designed by an architect. And the problem we are facing at the moment is that the library is not very old, but I mean you can just renovate it in some areas. However, when the architecture says is, well, this is my corporate protectable work, I simply do not want you to change anything to this building, cuz it is my work and I'm not allowing you to renovate anything except for the toilets. e. Photographic works, Sec 2 (1) No. 5 GCA ➢ Artistic photography = creative power (creativity) + a content-related statement ➢ Reality is not simply photographed, but accentuated individually (e.g. Image detail, exposure time, the distribution of light and shadow) Single out, express myself ➢ Demarcation to “photographic pictures” (Sec 72 GCA6) => photographic 6 Sec 72 GCA:(1) The provisions of Part 1 applicable to photographic works apply accordingly to photographs and products manufactured in a similar manner to photographs (2) The photographer is entitled to exercise the right under subsection (1).(3) The right under subsection (1) expires 50 years after the photograph was released or, if its communication to the public occurred earlier, 50 years thereafter, although the right already expires 50 years after production if the photograph was not 44 works need to fulfill the requirements as set out in Sec 2 (2) GCA If I'm just using my smartphone to take photo without doing all of these adjustments to the photo, then it's probably not a copyright protectable work but is a work that can be protected under the related rights. The difference is that a copyright protects for 70 years and a related right protects for 50 years. - Protection period of photographic works: 70 years, Sec 64, 69 GCA - Protection period of photographic pictures: 50 years, Sec 72 (3) 1, 2, Sec 69 GCA f. Cinematographic works, Sec 2 (1) No. 6 GCA ➢ Independent work = created with the shooting + is completed with the finished cut ➢ Requirement: unity of moving image and sound (Unity of motion picture and sound) ➢ Preliminary works are independently protectable => Sec 88 (1), 99 GCA (the front work is independently protected) ➢ Differentiation form moving pictures (Sec 95 GCA), which lack the quality of the work => independent level of creation required, not simply chronological sequence Distinguish between formal animation (Sec 95 GCA), Lack of Quality work => independent level of creativity required, not simple chronology g. Illustrations of scientific or technical nature, Sec 2 (1) No. 7 GCA 2- or 3dimensional images of an object (not the object itself) ➢ Creative achievement lies not in the content, but in the way it is presented ➢ Example: technical construction drawings (technical architectural drawings), medical diagrams (charts) , maps, city plans, building (architectural) plans and even forms and tables, if their graphic design is in the foreground 3 Authorship 3.1 General Principle ➢ Sec 7 GCA7: “The author is the creator of the work.” => creator principle Only natural person can be a creator (no legal entity, no machine, questionable with artificial intelligence) ➢ Legal entities can be owner of derived rights of use + owner of related rights (which honor an organizational-technical work) 3.2 Employee ➢ Creative Employee is the author => basic principle from Sec 7 GCA applies released or legally communicated to the public within this period. The period is to be calculated in accordance with section 69. 7 Sec 7 GCA:The author is the creator of the work. 45