Understanding Copyright Law: Dramatic Works, Secondary Works, Originality, and Ownership, Slides of Fundamentals of E-Commerce

Download Understanding Copyright Law: Dramatic Works, Secondary Works, Originality, and Ownership and more Slides Fundamentals of E-Commerce in PDF only on Docsity! Dramatic works
No copyright in an idea or theme to a story
But the combination and development of these ideas leads them to become a dramatic work
Characters:
In USA developed characters are copyright
In Australia & UK there is no copyright
But “passing off” and trademarks can protect a character Docsity.com Secondary Works
Broadcasts
Both wired and wireless methods
Applies to the Internet
Published Editions
Applies to particular typesetting characteristics, typographic layout and arrangement of a book
Sound recordings
Films Docsity.com Originality (cont.)
Compilation
A new copyright work can be produced from a combination of elements of previous work
Granted copyright on the basis that author used their own skill in selecting parts
Multimedia site is a compilation Docsity.com Material Form
Pure improvisation or “off-the-cuff” presentations are not copyright
Copyright Act defines material form to include “any form (whether visible or not) or storage from which the work can be reproduced”.
Storage on a word processor has been held to be in a material form Docsity.com Qualified Person
Produced by a resident or citizen of:
Australia or
a Berne Convention member country Docsity.com Rights of Copyright Owner Exclusive right to
Reproduce the work in whole or part
Perform the work
Translate the work
Create a derivative of the work
Publish work on a cable network
Transmit or broadcast the work
“Passive” communication of the work (post 4/3/01) Docsity.com Infringement
Occurs where other people, without the permission of the copyright owner, use an exclusive right of the owner
This occurs when
A substantial part of the work is copied;
There is an objective similarity between the original and the copy; and
There is a causal connection between the original and the copy Docsity.com