Media IT - author rights

Media IT :: Dr Serge Linckels :: http://www.linckels.lu/ :: serge@linckels.lu ::
Faculty of Science, Technology and Communication (FSTC)
Bachelor en informatique (professionnel)
-- Media IT -–
¯_(ツ)_/¯
Unit 7
Author rights

7. Author rights
2
7.1 Introduction
7.2 History and legal basics
7.3 Intellectual property
7.4 Exceptions and common practices
7.5 How to get legal stuff

7. Author rights
7.1 Introduction

Everything that does not belong to
me is the property of another
person who, therefore, can allow
me to benefit or not from his work.
7. Author rights
7.1 Introduction

History and legal basics
Berne Convention (1886) for the Protection of Literary and Artistic Works
Luxembourg legislation:
• law of 18 April 2001 on author rights, related rights and databases
• amended law of 18 April 2004
• various grand-ducal regulations and decrees
7. Author rights

https://www.lord.lu/documents/glossary/556c33ce39011_droits-d-auteur-au-luxembourg-recueil-de-textes.pdf
7. Author rights

Article 1
Author rights protect original literary and artistic works of any kind and in any form or
expression, including photographs, databases and computer programs.
This excludes:
• The ideas
• Operating methods
• The concepts
• The information
Introduction
7. Author rights

Industrial property only exists if certain registration or filing formalities are respected.
Author rights arise automatically and free of charge by the pure fact of creating the work
Industrial property
protects financial
investments in the first
place.
Author rights protect
the part of personality
that the author has
incorporated into his
work.
7. Author rights

not to disclose his work to the public
name mentioned
rigth of integrity (e.g., no modification)
7. Author rights

• in any form (also includes translation)
• set conditions, e. g. quality or quantity criteria
ephemeral distribution, e.g.: play
7. Author rights

involves the artist in the assessment of the value of
his work
7. Author rights

7. Author rights
In Luxembourg, three organisations representing the interests of authors:
• SACEM (Society of Authors, Composers and Music Publishers) is
responsible for defending the rights of authors and composers.
• Luxorr (Luxembourg Organization for Reproduction Rights) is an
association authorised to act as a collective author rights management
body covering literary works in printed or electronic form.
• ALGOA (Association Luxembourgeoise de Gestion des Œuvres
Audiovisuelles) collects and distributes royalties from the retransmissions
of audiovisual works by independent producers.

7. Author rights
The author's agreement is essential for any act of exploitation, whether free or paid
distribution, modification of the work, fixation on a medium or even disclosure of the
work for the first time, as soon as such acts are carried out by an individual other than
the author.
These rights are freely transferable by the author.

7. Author rights

Time limit
Works are protected by author rights until 70 years after the author's death. After this
period has elapsed, the work falls into the public domain and anyone can reproduce it and
communicate it to the public.
Example :
De Renert was published in 1872 by the author Michel Rodange. Michel Rodange died in
1876. The work was therefore protected by copyright until 1946. It is now possible to
reproduce and communicate the work without permission.
7. Author rights

Material limit or exceptions (art. 10)
• Private copy limited to the strict circle of family and close friends
• Short citations for critical, polemical, educational, scientific or information purposes (the
notion of "short citation" is left to the interpretation of the judges) with the author's citation
• caricature, parody or pastiche
• The reproduction and communication of works located in a place accessible to the public
when these works do not constitute the main subject of the reproduction
• Copy to make works accessible to people with disabilities
• Conservation and cultural archiving
• Need for justice or administrative procedure
• The reproduction and communication of short fragments of works exclusively as illustrations
of scientific teaching or research to the extent justified by the non-commercial purpose
pursued
7. Author rights

7. Author rights
Common practize: use journal and newspaper articles without asking

Use images free of rights
Free of rights ⊭ Free of charge
7. Author rights

20
Find the cat!

7. Author rights

http://www.linckels.lu/OER/
7. Author rights

7. Author rights
Creative Commons (CC) is a non-profit association whose
purpose is to offer a legal alternative solution to people
wishing to free their works from their country's standard
intellectual property rights, which are considered too
restrictive.
Symbol Sigle Official name Explanation
BY Attribution The work may be freely used, provided that it is
attributed to the author by citing his name
NC Non commercial Restriction on non-commercial uses
ND Share alike The work must be redistributed under the same
licensing conditions
SA No derivative works Prohibition to modify the work
https://creativecommons.org/

CC BY SA
7. Author rights
• Sharing allowed
• Need to cite author
• No modification

Youtube does not manage author rights
 The user is responsible for attention to downloads  “fair use”
7. Author rights

You are responsible for the content on your computer
The rules of good conduct prohibit you from viewing fraudulent content
7. Author rights

NO
The rules of good conduct
prohibit you from viewing
fraudulent content
7. Author rights

NO
public viewing
Your personal and bilateral
contract with Netflix forbids
it!
Personal use only
7. Author rights

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