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International protection of copyright and related rights

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Author(s)
알리 호센 예하
Issued Date
2009
Abstract
Copyright is a legal term used to describe the rights given to creators for their literary and artistic works" The literary and artistic works"shall include every production in the literary, scientific and artistic domain, whatever may be the form or mode of its expression…' Works covered under this category include novels, poems, plays, reference works, newspapers, and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs, and sculpture; architecture; and advertisement, maps, and technical drawings The creators of original works and their heirs have certain important economic rights Copyright is owned by the physical person who created the work (often referred to as" creator" or "author").
But the related rights or “neighbouring rights”is the representatives and performance artists, musicians, singers ,and other persons who are perform literary and artistic works , protecting the producer's audio rights and video, and prohibit the reproduction of their phonograms, either directly or indirectly, and protecting the broadcasting organizations rights. Those rights come after the author's rights protection, and the related rights holders who are doing publish of creative works of authors and there facilitate of the intellectual creation process by assisting authors to communicate their works to the public.
There are some conventions to protecting those rights such as;
The Berne Convention for the Protection of Literary and Artistic Works, Berne Convention was developed at the instigation of Victor Hugo of the Association Literary and Artistic International. It is the oldest international agreement in the Convention is the most important treaty that governs the area of copyright. Article 7 lays down a minimum term of protection; copyright protection granted by the Convention is the life of the author and fifty years from the end of the year of his death.
Under the Berne Convention member countries offer each other the same protections as they would provide for their own citizens' copyrights. Include any original production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression"
TRIPS agreement is an international agreement administered by the World Trade Organization (WTO) and there are some Provisions of the Agreement in the field of copyright and related rights.
Roma convention, Convention for the Protection of Performers, The minimum term of protection under the Rome Convention is twenty years from the end of the year in which the fixation was made.
The WIPO Copyright Treaty, adopted by the World Intellectual Property Organization (WIPO) in 1996, Provides additional protections for copyright deemed necessary in the modern information era. It protects literary and artistic works, a broad category that includes books, music, art, movies, computer programs, databases, and digital communications including transmissions of copyrighted works via the internet and other computer networks.
The WIPO Performances and Phonograms Treaty
That treaty was also adopted by the World Intellectual Property Organization (WIPO) on 20 December 1996.The WIPO Performances and Phonograms Treaty extends the existing provision of the Berne Convention and the Rome Convention in 1961 for the Protection of Performers, Producers Phonograms. As in the case of the WIPO Copyright Treaty, some of the aspects of this treaty had already been addressed in TRIPS and it was therefore important for WIPO to update existing protection to ensure that it remained at the leading edge of copyright and related rights protection. These conventions are protecting the copyright and related rights.
We believe that these conventions and laws are not sufficient to maintain the intellectual property of authors and creators. We must enact new laws that the new measures and activated to reach a better situation. Lack of attention to intellectual property would negatively impact on the movement of international creativity and write activity and composition style and also affects our lives negatively.
Alternative Title
International protection of copyright and related rights
Alternative Author(s)
yehya Hussein Ali
Affiliation
조선대학교
Department
일반대학원 법학과
Advisor
권상로
Awarded Date
2010-02
Table Of Contents
Ⅰ. Introduction 1
Ⅱ. Conception of copyright and related rights 4
Ⅲ. Relationship between the Protection of Copyright and Related Rights: 9
Ⅳ. The Berne Convention for the Protection of Literary and Artistic Works 10
1. Administration of Berne convention:- 12
2. Development of copyright from the first national laws to the Berne convention 14
3. Works protected by the convention 16
4. Rights Protected 20
5. Moral rights 21
6. Owners of Rights 23
7. Eligibility for Protection 23
8. Persons Protected 26
9. Limitations 26
10. Term of protection 28
11. Main Features of the Berne Convention and Related Rights Conventions 30
Ⅴ. Copyright and related rights Enforcement under the TRIPS Agreement 38
1. Provisions of the Agreement in the field of copyright 40
2. Provisions of the Agreement in the field of related right 42
Ⅵ. The Rome Convention 44
1. Eligibility for Protection 45
2. Limitations 46
3. Duration of Protection 47
4. The Principle of National Treatment under the Rome Convention 48
5. Restriction of Formalities 48
Ⅶ. WIPO Copyright Treaty 50
1. Eligibility for Becoming Party to the Treaty 50
2. Scope of Copyright Protection 51
3. Relation to the Berne Convention 52
4. Right of Distribution 52
5. The rental right 53
6. Right of Communication to the Public 53
8. Limitations and Exceptions 54
9. Eligibility for Becoming Party to the Treaty 54
10. Denunciation of the Treaty 55
11. Languages of the Treaty 55
Ⅸ. The WIPO Performances and Phonogram Treaty 56
1. Definitions 57
2. Beneficiaries of Protection under this Treaty 59
3. The moral right 60
4. The right of fixation 61
5. The right of reproduction 61
6. The right of distribution 61
7. The right of rental 62
8. Right of Making Available of Fixed Performances 62
9. Limitations and exceptions 62
10. The term of protection 63
11. Eligibility for Becoming Party to the Treaty 64
12. Rights and Obligations under the Treaty 64
13. Denunciation of the Treaty 65
14. Languages of the Treaty 65
Ⅸ. Conclusion 66
References 69
Degree
Master
Publisher
조선대학교
Citation
알리 호센 예하. (2009). International protection of copyright and related rights.
Type
Dissertation
URI
https://oak.chosun.ac.kr/handle/2020.oak/8389
http://chosun.dcollection.net/common/orgView/200000239162
Appears in Collections:
General Graduate School > 3. Theses(Master)
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