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FVP Chpt 2 COPYRIGHT REGULATIONS - Coggle Diagram
FVP Chpt 2
COPYRIGHT REGULATIONS
2.1) What is copyright
Copyright protects your work. The author/creator has the right to reproduce,publish, perform, communicate and adapt his work. These allow the copyright owner to control the commercial exploitation
it is a form of property, it can be licensed or transferred. Doing this can generate revenue.
To be protected by copyright, it has to be
original and expressed
in a tangible form such as recording or in writing.
2.2)
The © Symbol
The © only serves as a
notice that copyright exist
. The presence of the
symbol does not give the copyright owner additional rights
.
Conversely
, the absence of the symbol
does not mean that copyright does not exist
2.3)
Works protected by copyright
Copyright protects, Literary, dramatic, musical, films, sound recordings, broadcast, cable, programs, performances and published works (often referred as neighbouring or related rights)
2.4)
Ownership rights
The person who created the work
owns the copyright in the work,
HOWEVER
Commissioning
, if an artist was paid under agreement to create,
the commissioning party who paid, will own the copyright in the work
. For the types,
the copyright ownership belongs to the commissioned party who created the work
,
HOWEVER
,
it can be transferred or assigned as established
by the contract between the commissioner and the commissioning party
Journalist or writer
, if a person creates a work while employed as journalist,
will have the right to publish and reproduce these works in publications
.
HOWEVER
, the journalist will still have the right to publish the work for other purposes
Employment
, if the work is created by an employee, the employer owns the copyright in the work
2.5)
Terms of protection
the duration varies to the
type of copyright work concerned
Sound recordings and films
70 years
Broadcasts and cable programmes
50 years
Published editions of
literary, dramatic, musical, or artistic works
25 years
Performances
70 years
Literary, dramatic, musical, artistic works
70 years
from the end
of the year in which the author died
2.6)
Obtaining permission
to use a copyright work
to obtain consent from the copyright owners you may:
contact the copyright owners directly and negotiate for a licence to use the copyrighted material
obtain a licence through a collective society or collective management organization
A
Collective Management organization
(CMO) is an organization appointed by
copyright holders to manage the rights in their copyright works
. The CMO administers the licensing of rights,
collection of royalties and enforment of rights on behalf of the copyright holders
.
2.7)
Copyrighted infringement and remedies
Infringement
occurs when one does something that only the copyright owner has the exclusive rights without his consent
Important note
, it s an infringement as long as a substantial amount of the original work quality-wise, has been copied
Remedies
are the measures of relief that court can grant to a person whose rights are infringed
Statutory damages
, This is subject to a per-work ceiling of $10,000, and to an aggregate ceiling of $200,000 for the particular action
Order to delivery/disposal
An order against the infringer to surrender all infringing articles to the copyright owner, or to dispose them
Damages
, an order against the infringer to compensate for the monetary loss suffered by the owner
Accounts of profits
, The infringer has to pay the owner profits the infringer received as a result of its use of the owner
Injunction
, An order against the infringer to stop infringing activities
2.8)
Criminal Offences under copyright law
In Singapore, criminal offences under copyright law include
sale of infringing copies
possession or import of infringing copes for the purposes of sale or of distubution
making of infringing copies for sale
distribution of infringing copes for commercial purposes
Criminal liability for willful infringement
1st offence
, a fine not exceeding $20,000 and/or imprisonment up to 6 months
2nd offence or subsequent offence
, a fine not exceeding $50,000 and/or imprisonment up to 3 years
2.9)
Fair dealing
There are certain limited circumstances under which you can use copyright works without seeking permission from the copyright owner
Where the work is used for the purpose of criticism or review, of the work of another work, and is accompanied by sufficent acknowledgement of thew work
where the work is use for the purpose of reporting current events in newspapers, magazines or periodicals, and is accompanied by sufficient acknowledgement of the work