Showing posts with label Moral rights cover. Show all posts
Showing posts with label Moral rights cover. Show all posts

Monday, January 30, 2012

Moral rights cover

What rights do moral rights cover?
Under moral rights, the author may claim:
(A)The right to have authorship recognized on the work. That is basically the right of the creator to
       have his or her name mentioned as the author, in particular when the work is used.

(B) The right to integrity of the work, that is the right to object to the work being modified, or being
       used in contexts that may cause harm to the reputation or honor of the author.

How are economic rights exploited?

  Many creative works protected by copyright require financial investment and professional skills for
their production and further dissemination and mass distribution. Activities such as book publishing,
sound recording or film producing are usually undertaken by specialized business organizations or companies, and not directly by the authors. Usually, authors and creators transfer their rights to these
companies by way of contractual agreements, in return for compensation. The compensation may take different forms, such as lump sum payments, or royalties based on a percentage of revenues generated by the work.
  Many authors do not have the ability or the means to manage their rights themselves. They often resort to collective management organizations or societies which provide for their members, the benefits of the organization’s administrative and legal expertise and efficiency in collecting, managing and disbursing royalties. These royalties are obtained from the national and international use of a member’s work on a large scale, by, for example, broadcasting organizations, discotheques, restaurants, libraries, universities and schools.

How long does copyright last?
Copyright has a time limit: it usually lasts for the life of the author and 50
years after his death
. This rule, which is shared by the majority of countries, has been established by the Berne Convention for the Protection of Literary and Artistic Works. Once the term has expired, the work is in the “public domain”. Thereafter, everybody will be free to use the work, without obtaining a specific authorization from the copyright owner.

However, the Berne Convention allows to provide for a longer period. In order
to know what period of protection applies to a work in a particular country, it is
advisable to read the national copyright legislation of that country.

To what extent can you use someone else’s work without getting permission?
Copyright is subject to limitations and exceptions, which take into account social, educational and other public policy considerations. International treaties, as well as national laws, allow to freely use limited portions of a work for certain purposes, such as news reporting, or making quotations in a way compatible with fair practices, or by way of illustration for teaching.

Such cases of free use may vary from country to country and it is advisable to revert to the national law of that country, in order to verify whether advantage can be taken of such a possibility.

Why protect copyright?
Copyright contributes to human creativity by giving creators incentives in the form of recognition and fair economic rewards. Under this system of rights, creators are assured that their works can be disseminated without fear of unauthorized copying or piracy. This in turn helps increase access to the works and enhances the enjoyment of culture, knowledge, and entertainment all over the world.