Different jurisdictions mean that some systems provide a clear list of limitations and exceptions to copyright, while others may provide only a general clause. These general clauses are often referred to as “fair use” or “fair dealing” clauses. Computer programs and other types of software are considered literary works for copyright purposes. Therefore, they benefit from automatic protection without the need for registration. In some countries, the process of voluntary registration of software may differ from that of other types of works. Before taking any action, you should carefully consider whether the reproduction actually constitutes an infringement of your copyright (see the question on limitations and exceptions to copyright). If you believe that your right has been violated, you should try to identify the person responsible. If it is impossible or inappropriate to resolve the problem informally, you can appeal to a court or other authority. In the past, some countries had laws that required the copyright owner to complete certain formalities in order to obtain copyright protection. One such formality was to include a reference to the fact that copyright had been claimed, for example by using the symbol © . Currently, very few countries require copyright formalities, so the use of such symbols is no longer required by law. Nevertheless, many rights holders still use the symbol © as a highly visible way to emphasize that this work is protected by copyright and that all rights are reserved, as opposed to a less restrictive license.
Permission is also required if your SME publishes or makes available copyrighted works, sound recordings, programs or performances via your website. Collective management is the exercise of copyright and related rights by organisations acting in the interest and on behalf of rightholders. A common misconception is that works published on the internet, including on social media platforms, are in the public domain and can therefore be widely disseminated by anyone without the permission of the rights holder. All works protected by copyright or related rights, from musical compositions to multimedia products, newspaper articles and audiovisual productions, whose term of protection has not expired, are protected, whether published on paper or in digital form. In any case, you usually need to get permission from the copyright holder before use. Some laws make it clear that the exercise of related rights should not affect copyright protection and should not affect copyright protection in any way. The WIPO Copyright Treaty is transposed into US law by the Digital Millennium Copyright Act (DMCA). By Decision 2000/278/EC of 16 March 2000, the Council of the European Union approved the Treaty on behalf of the European Community. The European Union directives that broadly cover the subject matter of the contract are: Directive 91/250/EC on the protection of copyright in software, Directive 96/9/EC on the protection of databases by copyright and Directive 2001/29/EC prohibiting devices designed to circumvent “technological protection measures” such as digital rights management. Copyright is a legal term used to describe the rights of creators in their literary and artistic works. Copyrighted works range from books, music, paintings, sculptures and films to computer programs, databases, advertisements, maps and technical drawings. The primary owner of copyright in a work is usually the original creator or author of the work.
However, there are some exceptions to this rule. For example, in some countries, beneficial rights in a copyrighted work are initially held by the person or organization that employs the author. In other countries, property rights are deemed to have been automatically assigned or transferred to the employer. Contact your national IP office to find out more about the national situation you are interested in. Through annual surveys on copyright and copyright practice, WIPO tracks revenues from selected copyrights (e.g. private copying levies, rights in texts and images) in various countries. These studies present the results of the surveys. Since most countries do not require formalities to grant copyright protection, it can sometimes be difficult to locate the rights holder of a work. It is usually possible to find the copyright holder of a particular work in a territory by contacting the author, publisher or work, collecting society, local registry of works or national copyright office. These organizations may have databases containing valuable information on the ownership of copyrighted works. The term “work” is used in the context of copyright to refer to a wide range of intellectual creations, from novels to architecture to computer programs and more. For a more detailed list of copyrighted works, see the question “What can be protected by copyright?” Indeed, copyright protection is generally automatic and does not depend on registration.
However, in some countries, you may encounter a voluntary copyright registry/custodian, and registering your work can be a wise choice as it would help you considerably in the event of a legal dispute, for example over the ownership of the work. Copyright affects our lives every day. Whether you`re reading a book, watching a movie, streaming music, or taking a photo, copyright issues are everywhere. Explore copyright issues and questions. The Standing Committee on Copyright and Related Rights (SCCR) is the forum where WIPO Member States and observers come together to discuss, debate and take decisions on issues related to the development of a balanced international legal framework for copyright to meet the evolving needs of society.