History of Copyright in Central & Eastern Europe

From the time Central and Eastern European countries have begun to recognise copyright protection, they adopted the continental European approach of droit d’ auteur (authors right) as opposed to the Anglo-Saxon approach of copyright. The continental European still serves as the current copyright application in Central and Eastern Europe. Pre Socialist Times The 1920’s saw … Continue reading

Rome Convention Summary

Summary of the Rome Convention (source; Wikipedia.org) The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations was accepted by members of BIRPI, the predecessor to the modern World Intellectual Property Organization, on October 26, 1961. The agreement extended copyright protection for the first time from the author of a work … Continue reading

The Berne Convention

The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way as it recognises the copyright of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it … Continue reading

The requirements of TRIPS

TRIPS requires member states to provide strong protection for intellectual property rights. For example, under TRIPS: Copyright terms must extend to 50 years after the death of the author, although films and photographs are only required to have fixed 50 and to be at least 25 year terms, respectively.(Art. 7(2),(4)) Copyright must be granted automatically, … Continue reading

International Conventions & Related Rights

As was the case in copyright, the Rome Convention and national laws contain certain limitations on rights allowing, for example, private use, use of short excerpts in connection with the reporting of current events, and use for teaching or scientific research, of protected performances, phonograms, and broadcasts. Many countries allow practically the same kinds of … Continue reading

Rights granted to the Beneficiaries of Related Rights

Although not all rights may be granted in the same law, the rights, granted to the three beneficiaries of related rights in national laws, are as follows: Performers are provided the rights to prevent fixation (recording), broadcasting and communication to the public of their live performances without their consent, and the right to prevent reproduction … Continue reading

Related rights for broadcasters of sporting events

The rights of broadcasters also have a very specific importance in relation to sports programmes. In many countries, a sports programme would not be considered eligible for copyright protection. There are countries, and the US is a prime example, that regards a football match, when it is filmed, as an audiovisual work, because it is … Continue reading

Who enjoys related rights?

Three groups of people or organisations, that enjoy related rights: • Performers such as the singer of a song; • Producers of recordings such as record companies; • Broadcasting Organisations The rights of performers are recognised because their creative intervention is necessary to give life to musical works, dramatic and choreographic works and motion pictures. … Continue reading

History of Related Rights

The first organised international response to the need for legal protection of the three categories of related rights beneficiaries was the conclusion, in 1961, of the Rome Convention, or more specifically, the “International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations.” Unlike most international conventions, which follow in the wake of … Continue reading