Copyright

  • Copyright is actually a collection of rights.
  • The copyright owner has the exclusive right to take his/her work and:
    1. Copy it
    2. Distribute it
    3. Publicly display, publicly perform
    4. Make derivative works based upon the the original work (spin offs, adaptions).
  • Berne Treaty in Switzerland
  • Copyright protection "subsists in an original work of authorship fixed in any tangible medium of expression."

What is Copyrightable?

  • Copyright protection "subsists in an original work of authorship fixed in any tangible medium of expression."
  • Original: created independently and not copied (no need to be novel or unique).
  • Examples:
    • Literary works: screen plays, novels, articles, poems
    • Audiovisual works: films, TV shows, plays
    • Music
    • Choreography, art, posters
    • Letters, speeches, architecture.
  • Caveat: works made by the government are not copyrightable.

What is Not Copyrightable?

  • Names
  • Titles
  • Short phrases
  • Facts
  • Ideas

Caveat: Copyrightable Characters

  • Most courts have ruled that fictional characters that are well formed (more visually developed than words) can be copyrighted.
  • Copyright Protection Center of China (CPCC)
  • Berne Treaty: life + 50 years
  • Currently: (works created after 1978) - life of author + 70 years
  • 95 years after publication, or 120 years after creation, whichever is shorter.