COPYRIGHT

COPYRIGHT

1. FAIR USE OF COPYRIGHT WORK

   • use for criticism, news reporting, educational = not infringement
   • Factors:
     • purpose & character of use: whether non-profit or profit
     • nature of copyrighted work
     • amt & substantially portion used
     • effect of use upon the potential market value of work
   • Work of Architecture
     • right to control the erection of any building
     • not include: right to control reconstruction/rehabilitation of same style as orig

2. REPRODUCTION OF PUBLISHED WORK

   • Reproduction of single copy
     • Permitted w/o consent of owner
       • made by natural person
       • exclusively for research & private study
     • EXCEPT: not allowed
       • work of architecture in form of building
       • entire book or substantial
       • compilation of data
       • where reproduction would unreasonably conflict with normal exploitation of work; prejudice the legitimate interest
       • computer program
         • Except: 1 back up copy or adaptation by owner
           • Provided, it necessary for
             • use of computer program
             • archival purposes
   • Reproduction by Libraries
     • Permitted: nonprofit & w/o consent
       • reason of fragile character or rarity, cannot be lent in orig form
       • works are isolated articles contained in composite works
       • making limited copies in order to preserve in case of lost, destroyed or unusable
     • Not allowed
       • to produced in several volumes or produce missing pages of magazines
       • UNLESS it is out of stock

3. RIGHTS TO PROCEEDS IN SUBSEQUENT TRANSFERS

   • Every sale/lease of orig work of painting, sculpture or orig manuscript of writer or composer
   • subsequent to 1st disposition
   • right to participate in gross proceeds of sale/lease to extent of 5%
   • exist: during lifetime + 50 yrs after death

4. TERMS OF PROTECTION

   • GR: Lifetime of creator + 50 yrs after death
   • Joint Authorship: economic rights during life of surviving author + 50 yrs of his death
   • Anonymous/Pseudonymous works:
     • 50 yrs from date of 1st lawful published
     • Provided: before expiration, identity is revealed -> apply GR
     • unpublished: 50 yrs from making
   • Applied Art: 25 yrs from making
   • Photographic works: 50 yrs from publication
     • Unpublished: 50 yrs from making
   • Audio-visual works: 50 yrs from publication or making (unpublish)
   • Performers & producers of sound recordings:
     • performances not incorporated recordings: 50 yrs from end of yr of performance
     • performances incorporated recordings: 50 yrs from end of yr of recording
   • Broadcasts: 20 yrs from date of broadcast
   • CALCULATION OF TERM
     • 1st day of January of following yr of event happen

5. COPYRIGHT INFRINGEMENT

   • Directly commits infringement
   • Benefits from infringing activity of another person who commits
   • with knowledge of infringing activity induces cause or materially contributes to infringing conduct