1. General principles in Copyright Law LICCS 2008-2009

2. The expansion of the copyright protection Copyright protection has never been so broad, whether it is in terms of protectable subject matter, in term of the scope of the exclusive rights and in term of duration of protection.

3. The relationship between copyright protection and new technologies If the advent of new technologies has permitted copyright holders to improve the production and the distribution of their works, on the one hand, the very nature of such tecnologies threaten the exclusive right to reproduce and communicate the work to the public, on the other hand.

4. Foundation of the copyright systems The objectives pursued by each systems constitute an important factor in the determination of the scope of rights conferred on rights owners. With regard to the foundation and objectives of the copyright system, the American copyright and the continental European droit d’auteur are generally known as opposites. The naturalistic approach is generally associated with the continental European droit d’auteur tradition, above all with the French and German systems, while the utilitarian approach is linked with the American copyright law system

5. Naturalistic approach to copyright The natural rights approach is centered in the person of the author and holds that all human being who create works of mind are entitled to a specific right embracing protection of their moral and economic interests and covering all uses of their works (Enlightenment, French Revolution, Locke).

6. Utilitarian approach to copyright Following the utilitarian argument, the primary objective of the copyright system is to promote the social good, by encouraging the creation and the dissemination of new works to the public (Bentham).

7. Copyright Law Copyright law grants authors exclusive rights in their intellectual works. Granting authors exclusive rights in their work is aimed at encouraging of learning, promoting the progress of sciences and arts and disseminating knowledge. The exclusive right of the author embraces moral rights and economic rights

8. Moral Rights Right of Attribution: author’s right to claim paternity of his or her work; Right against misattribution : author’s right to prevent the use of his or her name as the author of any work which he or she did not create Right to the integrity of a work from alteration, distorsion and mutilation

9. Economic Rights Economic Rights encompass the exploitation of a work in tangible and intangible forms The exploitation of a work in tangible form can consist in: -Reproduction -Translation and Adaptation -Distribution The exploitation in intangible form can consist in: -Public Performance (of dramatic, dramatic-musical and musical works) -Recitation of literary works -Broadcasting

10. Copyright Law: Object of the right Art. 2 Berne Convention (“Protected Works”): “(1) The expression “literary and artistic works” shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature, dramatic and dramatic-musical works; choreographic works and entertainments in dumb show; musical composition with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three- dimensional works relative to geography, topography, architecture and science”.

11. Copyright Law: Object of the right(2) Art. 2 Berne Convention (“Protected Works”): “(1) The expression “literary and artistic works” shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature, dramatic and dramatic-musical works; choreographic works and entertainments in dumb show; musical composition with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three- dimensional works relative to geography, topography, architecture and science”.

12. Copyright Law: limits The limits of the exclusive right are the fixed duration of the copyright protection, the requirement of originality, the idea/expression dichotomy (copyright deals only with the protection of the idea, not with the protection of its expression) and the exhaustion or first sale doctrine).

13. Copyright Law: duration Copyright protection is not perpetual, but it is limited in time. It typical lasts for the life of the author plus seventy years after her death. When the protection of a work lapses, the work normally falls into the public domain, so everyone is free to reproduce or communicate to the public. Thus, part of the public domain is composed of works once subject to copyright, but created so long ago that the copyright has since expired.

14. Copyright Law: Originality U.S. Constitution. Art. I, Sec. 8, cl. 8: “The Congress shall have Power… To promote the Progress of Science and Useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”. Sec. 102 (a) Title 17 U.S. Code: “Copyright protection subsitsts, in accordance with this title, in original works of authorship fixed in any tangible medium of expression…”

15. Copyright Law: Originality Feist Publications, Inc., v. Rural Telephone Service Co.,499 U.S. 340 (1991): -information is not copyrightable, but "collections" of information can be. - In regard to collections of facts, U.S. Court stated that copyright can only apply to the creative aspects of collection: the creative choice of what data to include or exclude, the order and style in which the information is presented, etc., but not on the information itself.

16. Copyright Law: Idea/Expression Dichotomy Art. 2 WIPO Copyright Treaty: “Copyright Protection extends to expression and not to ideas, procedures, methods of operation or mathematical concepts as such. Sec. 102 (b) Title 17 U.S. Code: “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work”.

17. Copyright Law: Idea/Expression Dichotomy and Software E.C. Software Directive: “the protection under the Directive “shall apply to the expression in any form of a computer program. Ideas and principle which underlie any element of a computer program, including those which underlie its interfaces, are not protected by copyright under this Directive”.

18. Backer v. Selden 101 U.S. 99 (1879) "Unlike a patent, a copyright gives no exclusive right to the art disclosed; protection is given only to the expression of the idea— not the idea itself.“ "The copyright of a book on bookkeeping cannot secure the exclusive right to make, sell and use account books prepared upon the plan set forth in such a book."

19. Idea/Expression Dichotomy, Software and Reverse Engineering Reverse engineering (RE) is the process of discovering the technological principles of a device, object or system through analysis of its structure, function and operation. It often involves taking something (e.g. a mechanical devise or software program) apart and analyzing its workings in detail, used in maintenance or to try to make a new device or program that does the same thing without copying anything from the original.

20. Copyright Law: Fair Use Section 107 Title 17 U.S.C.: “Notwithstanding the provisions of section 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes like criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factor to be considered shall include: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes the nature of the copyrighted work the amount and substantially portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration all the above factors”.

21. Merger and Scènes a fàire doctrines The merger doctrine 1) holds that if an idea and the way to express it are so intricately tied that the ways of expression have little possible variation, there will not be copyright infringement in case of copying the same idea through the same expression (otherwise, that idea would be monopolized); 2)it applies to functional works, such as forms, rules and computer programs; The scène a fàire doctrine hold that certain elements of a creative work are held to be not protected when they are mandated by or customary to a genre