Basics: Limitations

Temporal
Copyright protection is limited in time. Many countries have adopted a term of protection that starts at the time of the creation of the work and ends 50 years (in some cases 70 years) after the death of the author. Under some national laws exist exceptions either for certain kinds of creations or for certain uses. After the protection has expired works pass into the public domain. In recent years a tendency towards the lengthening of the term of protection has emerged.
Geographic

The owner of a copyrighted work is protected against acts restricted by copyright under the law of a certain country. To gain protection against such acts in other countries he must refer to the respective national legislation. If both countries are members of one of the international conventions on copyright, the practical problems arising from this geographical limitation are eased.

Non-Material Works

In some countries works that are not fixed in some material form are excluded from copyright protection. Also under certain national legislations, the texts of laws and decisions of courts and administrative bodies cannot be copyrighted (which is possible in several countries; then the government is the owner of the copyright in such works and can exercise his rights in accordance with the public interest).
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History: "The South"

In many traditional Southern countries awe and mystery surround the created object into which the creator projects spirit and soul. Also in contrast with the Western individual-based concept of intellectual property rights it is custom to recognize 'collective', 'communal' or 'folkloric' copyright. Folkloric copyright acknowledges rights to all kinds of knowledge, ideas and innovations produced in 'intellectual commons'. Such rights are not limited to the lifetime of an individual but rather exist in perpetuity with a specific group or an entire people.

Islamic Tradition

Already early Islamic jurists recognized a creator's right or copyright and offered protection against piracy. Traditional Islamic law treats infringement as a breach of ethics, not as a criminal act of theft. Punishment is carried out in the form of defamation of the infringer and the casting of shame on his tribe. Only in recent years many Islamic countries have adopted formal copyright statutes.

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Intellectual property

Intellectual property, very generally, relates to the output that result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches: 1) industrial property (inventions, marks, industrial designs, unfair competition and geographical indications), and 2) copyright. The protection of intellectual property is guaranteed through a variety of laws, which grant the creators of intellectual goods, and services certain time-limited rights to control the use made of their products.

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Neighboring rights

Copyright laws generally provide for three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.

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Moral rights

Authors of copyrighted works (besides economic rights) enjoy moral rights on the basis of which they have the right to claim their authorship and require that their names be indicated on the copies of the work and in connection with other uses thereof. Moral rights are generally inalienable and remain with the creator even after he has transferred his economic rights, although the author may waive their exercise.

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Framing

Framing is the practice of creating a frame or window within a web page where the content of a different web page can be display. Usually when a link is clicked on, the new web page is presented with the reminders of the originating page.

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1996 WIPO Copyright Treaty (WCT)

The 1996 WIPO Copyright Treaty, which focused on taking steps to protect copyright "in the digital age" among other provisions 1) makes clear that computer programs are protected as literary works, 2) the contracting parties must protect databases that constitute intellectual creations, 3) affords authors with the new right of making their works "available to the public", 4) gives authors the exclusive right to authorize "any communication to the public of their works, by wire or wireless means ... in such a way that members of the public may access these works from a place and at a time individually chosen by them." and 5) requires the contracting states to protect anti-copying technology and copyright management information that is embedded in any work covered by the treaty. The WCT is available on: http://www.wipo.int/documents/en/diplconf/distrib/94dc.htm



http://www.wipo.int/documents/en/diplconf/dis...
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