© B ASICS EVERY C REATIVE SHOULD KNOW UTEN Copyright Workshop for the Creative Industries by Teresa Nobre.

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© B ASICS EVERY C REATIVE SHOULD KNOW UTEN Copyright Workshop for the Creative Industries by Teresa Nobre

COPYRIGHT AUTHOR’S RIGHTS OriginsCommonwealth Based on the Utilitarian Philosophy Focus on society Continental Europe Based on the Natural Rights Theory Focus on creator © 2011 Teresa Nobre2

COPYRIGHT AUTHOR’S RIGHTS WorkSkill and Labour Intellectual Creation Scope of Protection Expression Requirements© Notice Fixation Creation AuthorshipEvery PersonNatural Person OwnershipEvery Person DurationOriginally: short>50 years pma © 2011 Teresa Nobre3

COPYRIGHT AUTHOR’S RIGHTS Moral RightsNot inherentYes, for the author Economic Rights Specific exclusive rights One exclusive right (with examples) Statutory remuneration Rights RareYes Exceptions/Li mitations Specific “Fair Use” Specific Narrow Related Rights Only Performers Protection of Investment © 2011 Teresa Nobre4

PORTUGUESE “DIREITO DE AUTOR” WorkIntellectual creation Literary, cientific or artistic RequirementsExteriorization [no fixation!] (1º) No registration (12º) AuthorshipIntellectual Creator (27º) OwnershipRule: Natural Persons (11º) Exceptions: Legal Persons (14º, 19º) DurationRule: 70 years pma (31ºss) © 2011 Teresa Nobre5

PORTUGUESE “DIREITO DE AUTOR” Moral RightsPaternity (9º, 27ºss, 56º) Genuineness and Integrity (9º, 56ºss) Revocation (62º) Economic Rights Right of exploitation and use, with examples (9º, 67ºss) Licensing and Assignment (40ºss) Statutory Remuneration Rights Private copy (82º) Public Performance (178º) Resale right (54º) Etc... © 2011 Teresa Nobre6

PORTUGUESE “DIREITO DE AUTOR” Exceptions/Li mitations Private use Education and research News reporting Judiciary use Etc... (75ºss) Related Rights Specified exclusive rights for performers, phonogram and film producers, broadcasting organizations (“Direitos Conexos”) (176ºss) Sui generis right for database producer (12ºss DL 122/2000) © 2011 Teresa Nobre7

© 2011 by Teresa Nobre Except where otherwise noted, this work is licenced under a CC BY 3.0 Portugal. To see a copy of this license go to or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA. 8

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