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© 2015 Saqib Haroon Chishti. May be reproduced, distributed or adapted for educational purposes only.

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Presentation on theme: "© 2015 Saqib Haroon Chishti. May be reproduced, distributed or adapted for educational purposes only."— Presentation transcript:

1 © 2015 Saqib Haroon Chishti. May be reproduced, distributed or adapted for educational purposes only.

2 What does this ‘mean’ – the sole right to produce or reproduce a work (or a substantial part of it) in any form. The exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work” (Oxford English Dictionary)

3 ▪Natural law view: persons have the right to reap the fruits of their creations ▪Utilitarian view: copyright protection provides incentives for persons to produce works of authorship

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5 The public grants an author a limited monopoly (giving up a public good) and receives Original works of authorship and certain rights to use the work during the copyright term (and rights once work is in public domain)

6 ▪U.S. Const. Art. I, sec. 8, cl. 8 (The Patent and Copyright Clause) empowers Congress: “To promote the Progress of Science and the useful Arts, by securing for limited Times, to Authors and Inventors, the exclusive Right to their respective Writings and Discoveries.” The Statute of Anne, also known as the Copyright Act 1709 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), is an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the government and courts, rather than by private parties. Statute of Anne was the first act to directly protect the rights of authors. It did so by granting them the exclusive right to reproduce their intangible creations

7 copyright subsists in –“original works of authorship” –“fixed in any tangible medium of expression” Fixation A work is “fixed in a tangible medium of expression” when it is embodied in a material object of some kind.

8 An “original” work is one that was –independently created, and –shows a “modicum of creativity” ‘Originality’ is concerned with the relationship between an author or creator and the work. When copyright says that a work must be original, this means that the author must have exercised the requisite intellectual qualities … in producing the work

9 ▪ What works? Literary - generally text as opposed to pictures Books, pamphlets, poems, computer programs Dramatic – Something intended to be acted or performed Films, videos/DVD, plays, screenplays, scripts Musical – Compositions that consist of both words, or music alone Orchestral scores, NBC chimes Artistic – Pictures as opposed to text Paintings, drawings, maps, photographs, sculptures and architectural works Whose rights? The creator of the work (“author”) ownership of copyright is distinct from ownership of the physical object In the case of a work for hire

10 ▪ When Protection Attaches At the moment of fixation Publication Copyright notice not required Registration not required. What rights? To reproduce the work in any material form; To publish the work; To perform the work in public;


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