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Intellectual Property - Copyright: Basic Principles of Copyright Law Applicable to IT

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Vincent
AutorProf. Dr. Isabel Hernando
Cargo del AutorIntellectual Property - Copyright: Basic Principles of Copyright Law Applicable to IT

Under copyright law, any copy, reproduction, publication, broadcasting, and public distribution of protected material is unlawful unless an authorization has been obtained or a license has been granted by the owner of the exploitation rights. These underlying principles of copyright are applicable both in the 'off-line' and 'on-line' world. As a basic definition, copyright is a legal term stipulating rights given to creators for their artistic, scientific and literary works.

Basic Principles of Copyright Law Applicable to IT.

The basic principles of copyright law applicable to IT can be found in multilateral treaties[1] as well as in various Community Directives[2] which have been passed with the purpose of harmonizing within the European Community ('EC'), the legislation applicable to the IT sector.

  1. Differentiation Between Protected Work and Medium of Fixation

    Copyrights protect all original literary, artistic or scientific expressions which are fixed by any tangible or intangible means or support, currently known or which may be invented in the future. In this sense, the protection of the work is totally independent from the medium in which they are recorded, as long as some means of fixation exists.

    For example, a CD-ROM may carry a computer program. The program is the object of protection for the copyright. The medium, on the other hand, may be subject to dispositions concerning its existence as property but be excluded from copyright protection, with the exception of those cases where the medium may be protected by related rights (phonograms, video programs, etc. )

  2. Original Creation

    Copyright protection is available to works that are original. Copyright law does not demand a specific level of originality or innovation. The reference to original expression is with respect to individuality and creativity, in the sense that the work must be the original creation of the author.

  3. Absence of Formalities

    Copyright protection is granted without the need for formal action (registration) and arises upon creation of the work. However, in some countries, courts require a certificate of registration issued by a competent intellectual property registry to support claims of authorship in a copyright dispute.

    The use of symbols to indicate that rights have been reserved is optional. However, their use is recommended as a way of precluding infringers from arguing lack of knowledge or notice with respect to ownership. Public notice of the rights...

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