This document provides a summary of copyrights and intellectual property rights (IPR) from several perspectives. It begins with a brief history of copyrights originating from the Statute of Anne in 1710, and discusses the development of international copyright laws through conventions like Berne and TRIPS. It outlines different types of copyrights and IPRs, and distinguishes between the economic rights of creators and users, and the moral rights of creators. The document also discusses debates around copyrights and exceptions for education. In the end, it notes copyright infringement depends on multiple factors and can be traced in several ways.

1. Copyrights - DIY

2. http://platform.europeanmoocs.eu/

3. MOOC

5. Copyrights - DIY

6. 26 Oct – 4 Dec 2015
1. From the Statute of Anne to Mickey Mouse:
Background and a brief history of IPR and
Copyrights, types of rights.
2. IPR and Copyright in a research and education
perspective, academic views.
3. “I fought the law and the law won”. A legal
perspective.
4. Rendezvous with the creator.
5. Pirate Bay, Plagiarism, Creative Commons and how
users and activists deal with copy- and other rights.
6. Future visions, possibilities and developments in the
digital era.

7. From the Statute of Anne to
Mickey Mouse
• Background
• Brief history of IPR and copyrights
• Types of rights
• Rights of the creator
• Rights of the user

8. Copyrights?
Rights of the author?

9. Intellectual Property Rights!
• Copyright
• Related rights
• Data base right
• Patent right
• Brand right
• Trade mark right
• Drawings and models right

10. Intellectual Property Rights
• Semiconductor right
• Breeder’s right
• Domain name right
• Trade secret

11. And also important…
• Everyone has rights on their own appearance –
portrait right (integrity of appearance)

12. Copyrights
• Where they come from?
Typically Western-European culture phenomenon
Until the invention of book printing there was no
mention of exclusive rights on intellectual works.
From then on the authorities grant exclusive book
printing rights to printers, not to authors.

14. Copyrights
• Where they come from?
• The Statute of Anne (England 1710)
• Recognise authors as principal rightsholders and respects
the integrity og their work.
• Duration of exclsuive rights restricted to (2x) 14 years, after
which the work automatically transits to the publc domain
• (start of “legal deposit”)
• “…the emphasis on the practical or utilitarian importance (…)
attached to knowledge and its encouragement in the scheme
of human progress”
• Copyright is a "private right" that serves the rights of the
individual creator

15. Copyrights
• National/local until Convention of Berne (1886)
regulating copyrights between sovereign countries

16. Copyrights
• Convention of Berne
• Copyright is automatically assigned to every creative
work. No need to have creative works registered for
copyright, no need to claim their own rights.
• Terms of copyright are minimally 50 years after the life
of the author.
(Afterwards the work can freely be distributed and
adapted.)
In the European Union nowadays 70 years after the
death of the author.

18. Copyrights
• Convention of Berne
• Part of the TRIPS Agreement (WTO), hance globally
accepted
• Further documented and disseminated by WIPO (UN)
• National implementation and interpretation, see
jurisdiction

19. Copyrights
• Copyrights appear in law text: e.g. Belgian Law of
30 June 1994 regarding the Copyright and Related
Rights

21. Copyrights
• Copyrights appear in law text: e.g. Belgian Law of
30 June 1994 regarding the Copyright and Related
Rights
• Copyright infringement is a crime
• Copyright on a work exists “on behald of a natural
person”
• A protected work should be original but does not
need to have artistic value

22. Copyrights
Exploitation rights of the author:
• Reproduction (also adapt, translate, lend,
distribute etc.)
• Publishing (public performance)
Exclusive but transferable

23. Copyrights
Moral rrights of the creator:
• Right to make the work public (“divulgation”)
• Right to reclaim or refuse parenthood (remain
unknown)
• Right for integrity, respect for the creation
These are not transferable

24. Related rights
• Performers (live or recording)
• Retain their moral rights (mentioned on credits,
etc.), but deny exploitation rights (->
producer/editor/concert organiser etc.)
• 50 years

25. Why copyrights?
FOR
• Simple
• Ptotection of the creator, incentivises creativity,
encourages innovation and creation
• Helps protect the integrity of a work

26. Why not copyrights?
Against
• Makes reuse more difficult and hampers creativity
• Complex and unsure
• Aimed at creation, not on use and reuse
• Advantage for large (media) companies, not for
the individual creator

27. That ‘s the law explained at its
simplest…
Laws are not the whole picture, daily use is another
story

28. Copyrights…
User rights…

29. What can the author do?
• Nothing
• Adopt a license: copy left, Free/Open source,
Creative Commons, CC0 (abandon rights)

30. Creative Commons

31. Creative Commons
Name of creator (BY)
Non-commercial (NC)
Share alike (SA)
No derivatives (ND)

32. Creative Commons
Name of creator(BY)
Non commercial (NC)
Share alike (SA)
No derivatives (ND)

33. Creative Commons

34. What can a user do?
Nothing Acquire rights
Use

35. What can a user do?
• Acceptable use depends on:
• Objective and characterof the use
• Nature of the work
• Quantity and proportion in use of the work
• Impact of use on the market and on the value of the
work
Nothing Acquire rights
Use

36. Education?
illustration of education and/or scientifoc
research,
Within the context of normal education activities,
Not for profit,
Not impacting the exploitation of the protected
work,
Mentionning source and name of author(s),
For access reasons (e.g. braille copie, text to
speech)

37. Copyrights in practice
The decision to breach copyrights can depend on multiple elements:
Value/importance of the new work
x
Cost to create one’s own version of the object
Chance to get caught
X
Size of the expected penalty

38. How can abuse be traced?
• Telling on or turning in (mainly intern in
organisation)
• Sample and spot checks
• Search instruments
• Who? Big software companies, publishers, media
companies, authors and representative agencies,…

39. Van Giel vs. Tuymans

42. http://platform.europeanmoocs.eu/