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vLecture Series
The Virtual Intellectual Property Organization regularly hosts a series of lectures followed by Q and A sessions for artists, virtual business and brand owners as well as other interested residents on managing intellectual property rights in virtual environments and beyond. For more information
contact: info@vipo-online.org



 


Copyright 101

What is a copyright?
What are works of authorship?
What qualifies for copyright protection?
What are derivative works?
What is a compilation?
Does copyright protection extend to derivative works and compilations?
What is the merger doctrine?
What is not protected by copyright?
How are copyrights registered and enforced?
What is the Berne Convention?

What is a copyright?
A copyright is a property right for intangible products commonly known as works of authorship.

What are works of authorship?
In general, there are eight categories of works which are copyrightable:
1. literary works (including code);
2. musical works;
3. dramatic works, including any accompanying music;
4. pantomimes and choreographic works;
5. pictorial, graphic, and sculptural works;
6. motion pictures and other audiovisual works;
7. sound recordings; and
8. architectural works.

What qualifies a work for copyright protection?
A work must be both “original” and “fixed” in order to qualify for copyright protection.

Fixation requires that the work can be perceived either directly or by using a machine or device.

Original means that the work was independently created by the author, as opposed to copied from others, and reflects at least a minimal degree of creativity.

What are derivative works?
A “first generation work” is composed essentially of materials created by its author; whereas derivative works are “second generation” works that are based on preexisting matter. If the preexisting material, comprising any part of a derivative work is unlawfully used, then no copyright can be claimed for that part.

What is a compilation?
A compilation is the product that results from the process of selecting and arranging previously existing material of all kinds, whether the material was copyrighted or not

Does copyright protection extend to derivative works and compilations?
The copyright in a derivative work or a compilation protects only the material contributed by the author of such work, as distinguished from the pre-existing material used in the work. The copyright protection afforded to the “second-generation” work does not imply any exclusive right in the pre-existing material.

What is the merger doctrine?
In the United States copyright protection is denied to a work that is an expression of an underlying idea that can be rendered in only one way. In this case the idea and its expression are said to have merged.

What is not protected by copyright?

  1. Ideas, discoveries, methods, procedures, or devices as distinguished from a description, explanation or illustration.
  2. Works, which are not fixed, such as improvisational speeches
  3. Works that are in the public domain, and contain no original authorship
  4. Names, phrases, titles, slogans, coloring, or listings of ingredients.

How are copyrights registered and enforced?
Taken from Wikipedia http://en.wikipedia.org/wiki/Copyright
“In the United States, copyright has been made automatic (in the style of the Berne Convention) since March 1, 1989, which has had the effect of making it appear to be more like a property right. Thus, as with some forms of personal property, a copyright need not be obtained through official registration with any government office. Once an idea has been reduced to a tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape or a letter), the copyright holder is entitled to enforce his or her exclusive rights. Copyrights are generally enforced by the holder in a civil law court, but there are also criminal infringement statutes.”

What is the Berne Convention?
The Berne Convention is an international treaty that, among its signatory countries and organizations, provides terms for the standardization of basic copyright protection.

Member states to the Berne Convention
http://www.wipo.int/treaties/en/ShowResults.jsp?
lang=en&treaty_id=15

Member states to the European Union
http://europa.eu/abc/european_countries/index_en.htm

Member states to the World Trade Organization
http://www.wto.org/english/thewto_e/
whatis_e/tif_e/org6_e.htm

 
 

Where virtual property gets real
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Juris Amat elected Executive Board Member of SL Bar Association
http://www.slba.info/


The mission of the Virtual Intellectual Property Organization is to provide access to information, as well as representation and legal services support, relating to intellectual property matters, including enforcement and dispute resolution, for users of all types of virtual environments.


Presentation on IPRs in VWs more


July 1-31
Trademark issues have scheduling priority


 
 
 

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