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lecture 1. Introduction to IP - copyright and related rights
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Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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Lecture 1. Introduction to IP - COPYRIGHT AND RELATED RIGHTSLecture
Forms of intellectual property
- Registered and unregistered rights
- Three main paradigms
Patents
Trade marks
Copyright
- Sort of IP – Design
- Sui generis forms of protection
Fundamental features of copyright law
- No requirement of registration / notice
- A negative right to object to certain activities – copying, broadcasting etc.
- A right only against “copying”
- Copyright and related rights generally transferable as property
- Generally lengthy term of protection
- Generally strict liability for infringement
Copyright and related rights
- ” Copyright” an umbrella term in common law jurisdictions – covers poems, music, sculpture and
broadcasts, films etc..(except performers)
- In civil law jurisdictions, distinction drawn between “author’s rights” (poems, paintings etc…) and
related or neighbouring rights (sound recordings, broadcasts, , performers etc)
- Also “rights related to copyright” – design rights, database right, publication right etc
Introduction to Copyright Law – RIGHTS GRANTED
- Economic rights
Rights against reproduction/adaptation
Rights against distribution
Rights against public performance / communication to the public
- Moral rights
Attribution rights
Integrity rights
Other moral rights
History
- Initially, some works protected by stationers’ monopolies
- 1710 Statute of Anne – first copyright legislation
- Development of protected forms -19th Century
- Copyright Act 1911 – codification, internationalisation
- Copyright Act 1956 – the law follows technology
Current legal framework in the UK
- Copyright Designs & Patents Act 1988 (CDPA 1988)
Part I (Copyright); Part II (Rights in Performances; Part III (Design Right)
Secondary legislation – for example, Artists’ Resale Rights Regulations 2006
International Framework for Copyright Law
- Berne Convention for the Protection of Literary and Artistic Works 1886 (latest version, Paris 1971)
- Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting
Organisations 1961
- Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) 1994
- WIPO Copyright Treaty; WIPO Performances and Phonograms Treaty, 1996
- More recent Agreements
, European UNION Copyright Law
- Distinction between “copyright” systems and “authors’ rights” systems
Philosophical foundations
Authorship (eg, the situation of employees)
Originality/creativity
Fixation
Related rights
Importance of copyright law to the internal market
- Impact of the Treaties
Freedom of movement of goods/services
Competition law
Non-discrimination
- Directives
For example, Directive 2019/790 on copyright and related rights in the digital single market
and amending Directives 96/9/EC and 2001/29/EC
- Role of the Court of Justice in the European Union
Interpreting (fragmentary) copyright acquis
Jurisprudence having significant effect in the UK
Creating a European copyright code?
- Digital Single Market Directive
- Brexit
Themes in copyright law
- Economic significance
- Enforcement / piracy
- Expanding scope of copyright protection
- Established v new business models
- Control / access to information
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