Difference between revisions of "Copyright for Educators/Scope"

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***It depends. Many countries require that a work must be fixed before it can enjoy copyright protection, while countries with a civil law tradition may not have this requirement. Check national legislation which may provide protections for performers and broadcasts.
 
***It depends. Many countries require that a work must be fixed before it can enjoy copyright protection, while countries with a civil law tradition may not have this requirement. Check national legislation which may provide protections for performers and broadcasts.
 
**No
 
**No
***If national legislation does not have a requirement for the work to be fixed, copyright protection will take place from the momment the performance is given. Note that national legislation may provide protections for performers and broadcasters as related rights.  
+
***If national legislation does not have a requirement for the work to be fixed, copyright protection will take place from the momment the performance is given. Note that national legislation may provide protections for performers and broadcasters as related rights.
 
+
* Can you take a photograph of a copyrighted work?
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** Yes
 +
***Incorrect. Photographing a copyright work amounts to reproducing it and as a general rule is not permitted. There are exceptions, for example taking a photograph of a sculpture exhibited in a public place in some countries. You can find more detail on photographs and exceptions on the World Intellectual Property Organisation (WIPO) [http://www.wipo.int/sme/en/documents/ip_photography.htm#1.1 exceptions and practices site].
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** No
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***Correct. Generally speaking, a photograph is a copy and copying is one of the protections provided by copyright. If the object being photographed is protected by copyright (or other intellectual property rights like trademarks), you may not take a photograph of a protected work. However, there are some [http://www.wipo.int/sme/en/documents/ip_photography.htm#1.1 exceptions and practices] which may be permitted. 
 
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Revision as of 00:13, 4 January 2011



Icon qmark.gif
Copyright teaser
Off to see a live performance of Shakespeare
You're off to see a production of Shakespeare and see the following photo at the entrance of the theatre. Consider the following questions:
  • Must creative works be fixed in a tangible form (eg print, CD or DVD recording) before it can be protected by copyright? (In this example the works of Shakespeare are in the public domain and the public performance is not in a fixed form.)
    • Yes
      • It depends. Many countries require that a work must be fixed before it can enjoy copyright protection, while countries with a civil law tradition may not have this requirement. Check national legislation which may provide protections for performers and broadcasts.
    • No
      • If national legislation does not have a requirement for the work to be fixed, copyright protection will take place from the momment the performance is given. Note that national legislation may provide protections for performers and broadcasters as related rights.
  • Can you take a photograph of a copyrighted work?
    • Yes
      • Incorrect. Photographing a copyright work amounts to reproducing it and as a general rule is not permitted. There are exceptions, for example taking a photograph of a sculpture exhibited in a public place in some countries. You can find more detail on photographs and exceptions on the World Intellectual Property Organisation (WIPO) exceptions and practices site.
    • No
      • Correct. Generally speaking, a photograph is a copy and copying is one of the protections provided by copyright. If the object being photographed is protected by copyright (or other intellectual property rights like trademarks), you may not take a photograph of a protected work. However, there are some exceptions and practices which may be permitted.