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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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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DMCA (Digital Millennium Copyright Act)
The debates in the House and Senate preceding the signing into law of the DMCA by U.S. President Clinton in October 1998 indicated that the principal object of the Act is to promote the U.S. economy by establishing an efficient Internet marketplace in copyrighted works. The DMCA implements the two 1996
A full-text version of the DMCA is available from:
The Library of Congress: Thomas (Legislative Information on the Internet):
Moreover the U.S. Copyright Office provides a memorandum, which briefly summarizes each of the five titles of the DMCA (pdf format):
The DMCA has been criticized for not clarifying the range of legal principles on the liability of ISPs and creating exceptions to only some of the provisions; therefore giving copyright owners even more rights.
Among the variety of comments on the DMCA are:
Lutzker, Arnold P.: Primer on the Digital Millennium: What the Digital Millennium Copyright Act and the Copyright Term Extension Act Mean for the Library Community.
Lutzker & Lutzker law firm and the Association of Research Libraries: The Digital Millennium Copyright Act: Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers.
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Industrial design refers to the ornamental aspect of a useful article which may constitute of two or three-dimensional elements. To be qualified for
The DMCA (Digital Millennium Copyright Act) was signed into law by U.S. President Clinton in 1998 and implements the two 1996
The World Intellectual Property Organization is one of the specialized agencies of the United Nations (UN), which was designed to promote the worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works). It was established by a convention signed in Stockholm in 1967 and came into force in 1970. The aims of WIPO are threefold. Through international cooperation, WIPO promotes the protection of intellectual property. Secondly, the organization supervises administrative cooperation between the Paris, Berne, and other intellectual unions regarding agreements on trademarks, patents, and the protection of artistic and literary work and thirdly through its registration activities the WIPO provides direct services to applicants for, or owners of, industrial property 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.
Authors of copyrighted works (besides