Title page
Contents
Acknowledgments 7
Introduction 9
Copyright and related rights 11
What is copyright? 12
What are related rights? 13
How are copyright and related rights relevant to your business? 14
How are copyright and related rights obtained? 15
Are there other legal means for protecting intellectual property? 15
Scope and duration of protection 17
What types of works are protected by copyright? 18
What criteria must a work meet to qualify for protection? 23
What aspects of a work are not protected by copyright? 24
What protection does copyright provide? 26
What protection do related rights provide? 33
How long do copyright and related rights last? 39
Protecting your original creations 43
How do you obtain copyright and related rights? 44
How do you prove that you are the owner of copyright? 44
How do you protect works in electronic or digital form? 45
How do you obtain protection in other countries? 49
Is a copyright notice on the work obligatory? 49
Ownership of copyright and related rights 51
Who is the author of a work? 52
Who owns copyright? 56
Who owns related rights? 58
Benefiting from copyright and related rights 59
How can you generate income from creative works and related rights? 60
Can you sell your work and still keep the copyright in it? 60
What is a copyright license? 60
What is copyright assignment? 69
Using works owned by others 70
What can be used without permission? 71
What are limitations and exceptions to copyright and related rights? 73
Can you use works protected by Digital Rights Management (DRM)? 76
How can you get authorization to use protected works? 77
How can your business reduce the risk of infringement? 79
Enforcing copyright and related rights 80
When is your copyright infringed? 81
What should you do if your rights are infringed? 82
How do you settle an infringement of copyright without going to court? 87
Copyright checklist 88
Annex 1: Resources 90
Annex 2: Summary of the main international treaties dealing with copyright and related rights 92
The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) (1886) 93
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (the Rome Convention) (1961) 93
Agreement on Trade Related Aspects of Intellectual Property Rights (the TRIPS Agreement) (1994) 93
WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) (1996) 93
Beijing Treaty on Audiovisual Performances (2012) 94
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled (2013) 94