What is copyright?

Copyright is the exclusive right to copy a creative work or to allow someone to do something like that. Copyright in a work arises automatically at the moment of creation of the original or derived work.

Where does copyright apply?

Copyright applies to all original literary, scientific and artistic works. These include books, music, sculptures, paintings, photographs, movies, radio and television programs, computer programs.

Copyright includes other entities, which includes sound recording (such as recordings, cassettes and CDs), performers’ performances, and communication signals.

copyright, protection, regulation

Why protect copyright?

Copyright and related rights are essential to human creativity, thus encouraging creators in the form of recognition and fair economic rewards. Under this system of rights creators are assured that their works can be distributed without fear of unauthorized copying and piracy. This is to help increase access and enjoy the enjoyment of culture, knowledge and entertainment around the world.

When a person creates a literary, musical, scientific or artistic work, he / she is the holder of that work and is free to decide on the destination or fate of its use. That person (called the creator or the author or the holder of the rights) can control the fate of the work. Since, by law and conventions, the work is protected by copyright from the moment of creation and does not need formalities as a condition of that protection.

Copyright is the legal protection extended to the right holder in an original work he has created. It consists of 2 main groups of rights: economic rights and moral rights.

Economic rights

Economic rights are the rights of reproduction, broadcasting, public performance, adaptation, translation, public recitation, public performance, distribution and so on.

Economic rights

Moral rights include the copyright to object to any distortion, mutilation or other modification / change that may be made to his work that could damage his honor or reputation.

What do you mean by authorship?

An author is any natural person or a group of natural persons, who creates a literary, artistic, scientific work, original intellectual product, materialized, regardless of the form and manner of expression.

What rights does copyright provide?

The original creators of copyrighted works, and their heirs, have certain fundamental rights. They reserve the exclusive right to use or authorize others to use the work under agreed terms and conditions. The creator of the work may prohibit or authorize:

Reproducing it in various forms, such as printed publications or sound recording;
His public performance, as in a drama or musical work;
Its recordings, for example, in the form of compact discs, cassettes or videocassettes;
Its broadcasts by radio, cable or satellite;
translations into other languages, or its adaptation, such as a stage novel.

What are copyright related rights?

An area of ​​copyright related rights has developed rapidly in the last 50 years. Related rights are:

Performers and / or performers are actors, singers, musicians, dancers and other persons who present, sing, dance, recite, play, perform, perform, conduct an orchestra or perform or bring in any way, an artistic creation. or literary, a show of any kind, including folklore, variety, circus, and puppet shows.
The producer of phonographic recordings is the person who, directly from an artistic performance, realizes the recording of the work and fixes it in a phonographic holder or in a similar means for the reproduction of sounds and voices.
Broadcasting organization means broadcasting by one broadcasting organization of a show of another broadcasting organization.

What is the protection of copyright-related rights?

Given the rights provided by copyright applied to copyright, “related rights”, also known as “neighboring rights”, relate to other categories of copyright holders, namely, artists. performers and performers, producers of phonograms and broadcasting organizations. Related rights are rights belonging to performers, phonogram producers, and broadcasting organizations in relation to their respective interpretations, phonograms and broadcasts.

Are the ideas, methods or concepts protected by copyright?

Copyright extends only to expressions and not to ideas, procedures, methods of action or mathematical concepts as such.

Is it a television format protected by copyright?

Broadcasting organizations are protected as holders of rights under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention). The content of the show as such, may be protected by copyright and related rights, depending on national legislation. Television formats, however, have not been discussed in WIPO as subject to special international protection.

Is it a copyrighted character?

A character can be protected under copyright if it is an original expression of an author. Commercial items such as toys, interactive games, books and clothing including characters may also be protected by intellectual property rights in certain circumstances, mainly copyright and trademark marketing, along with other areas of law.

Is a name, title, slogan or logo protected by copyright?

In most circumstances copyright does not protect names. Copyright may or may not be available for titles, slogans and logos, depending on whether they contain sufficient authorship.

Which creations are not subject to copyright protection?

They are not subject to copyright and do not enjoy protection under this law:

Ideas, theories, concepts, discoveries and inventions in a creative work, regardless of the way of receiving, explaining or expressing;
Inventions, legal, administrative and judicial acts, as well as other official creations and their collections, presented in order to officially inform the public;
Official symbols of the state, organizations and public authorities, such as: weapons, seals, flag, emblems, medallions, insignia, medals;

Means of payment;

News and press information, which has a simple informative character;
Simple facts and data.

What should I do to protect copyright?

As long as the copyright exists automatically, the copyright holder is protected under applicable law. Registration in the Copyright Directorate is optional, so it is not mandatory and serves to record copyright on a particular work as part of the Copyright Register.

What are derived works?

Derived works are intellectual creations, which are realized based on one or several works that have existed before, such as translations, adaptations, musical arrangements, illustrations, documentaries, artistic reproductions, websites with static or interactive data, as well as other changes of original literary, scientific or artistic creations / works that may be transformed, remodeled or adapted, and which are protected as original creations / works independently of the copyright of the original creation.

What is considered the term “Public Domain”?

In the sense of law no. 35/2016, with the term “public domain” is considered the typology or regime of free use by the public of works of copyright and other related rights, which have expired the term of protection under this law or who have never been under the protection of copyright law.

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