Basics: Protected Works

Usually the subject matter of copyright is described as "literary and artistic works" - original creations in the fields of literature and arts. Such works may be expressed in words, symbols, pictures, music, three-dimensional objects, or combinations thereof. Practically all national copyright laws provide for the protection of the following types of works:

Literary works: novels, poems dramatic works and any other writings, whether published or unpublished; in most countries also computer programs and "oral works"

Musical works

Artistic works: whether two-dimensional or three-dimensional; irrespective of their content and destination

Maps and technical drawings

Photographic works: irrespective of the subject matter and the purpose for which made

Audiovisual works: irrespective of their purpose, genre, length, method employed or technical process used

Some copyright laws also provide for the protection of choreographic works, derivative works (translations, adaptions), collections (compilations) of works and mere data (data bases); collections where they, by reason of the selection and arrangement of the contents, constitute intellectual creations. Furthermore in some countries also "works of applied art" (furniture, wallpaper etc.) and computer programs (either as literary works or independently) constitute copyrightable matter.

Under certain national legislations the notion "copyright" has a wider meaning than "author's rights" and, in addition to literary and artistic works, also extends to the producers of sound recordings, the broadcasters of broadcasts and the creators of distinctive typographical arrangements of publications.


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Internet, Intranets, Extranets, and Virtual Private Networks

With the rise of networks and the corresponding decline of mainframe services computers have become communication devices instead of being solely computational or typewriter-like devices. Corporate networks become increasingly important and often use the Internet as a public service network to interconnect. Sometimes they are proprietary networks.

Software companies, consulting agencies, and journalists serving their interests make some further differences by splitting up the easily understandable term "proprietary networks" into terms to be explained and speak of Intranets, Extranets, and Virtual Private Networks.

Cable TV networks and online services as Europe Online, America Online, and Microsoft Network are also proprietary networks. Although their services resemble Internet services, they offer an alternative telecommunication infrastructure with access to Internet services for their subscribers.
America Online is selling its service under the slogan "We organize the Web for you!" Such promises are more frightening than promising because "organizing" is increasingly equated with "filtering" of seemingly objectionable messages and "rating" of content. For more information on these issues, click here If you want to know more about the technical nature of computer networks, here is a link to the corresponding article in the Encyclopaedia Britannica.

Especially for financial transactions, secure proprietary networks become increasingly important. When you transfer funds from your banking account to an account in another country, it is done through the SWIFT network, the network of the Society for Worldwide Interbank Financial Telecommunication (SWIFT). According to SWIFT, in 1998 the average daily value of payments messages was estimated to be above U$ 2 trillion.

Electronic Communications Networks as Instinet force stock exchanges to redefine their positions in trading of equities. They offer faster trading at reduced costs and better prices on trades for brokers and institutional investors as mutual funds and pension funds. Last, but not least clients are not restricted to trading hours and can trade anonymously and directly, thereby bypassing stock exchanges.

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History: "Indigenous Tradition"

In preliterate societies the association of rhythmic or repetitively patterned utterances with supernatural knowledge endures well into historic times. Knowledge is passed from one generation to another. Similar as in the Southern tradition intellectual property rights are rooted in a concept of 'collective' or 'communal' intellectual property existing in perpetuity and not limited to the life of an individual creator plus some number of years after his or her death. Often rights are exercised by only one individual in each generation, often through matrilineal descent.


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