Beruflich Dokumente
Kultur Dokumente
COPYRIGHTS
New Media Production Project
This project has been funded with support from the European Commission under the Lifelong Learning Programme.
This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information
contained therein
Legal Issues
MODULE B
Copyright and authors moral rights- the most important differences:
Authors moral rights are entitled to each author composition/ work, those rights involve
composition / work with the author. You can not get them to renounce or sell, they are durable,
never expire and can not be transferred to another person.
The right to:
-be an author
-marking a composition of his name
-integrity of the form and content of the work
-decide on the first available
-control over the use of the work
-withdraw the work from circulation
-withdraw from the contract, terminate the contract
Legal Issues
MODULE B
Moral rights are contained in:
civil code
Law about Copyright and Related Rights
Act on Combating Unfair Competition
Who can bring a claim to court?
Author during his life
Descendants managing copyright
Kwestie prawne
MODULE B
Copyright - determine the financial issues associated with the fact of being the author of a work /
composition. They can be transferred to another person or entity. The right to:
-exclusive use of the work
-any dispose of the work in all fields of operation
-pay for use of the work
Fields of operation:
Preservation of work/composition
Rotation of the original and copies
Dissemination of composition
Placing on the market
Legal issues
MODULE B
Copyright - duration:
The whole life of the author and 70 years after death
What if you do not know the author?
Someone other than the author:
70 years from the date of dissemination of composition
What if the work has not been distributed?
If I buy a CD, does it mean that I acquire also copyrights?
Legal issues
MODULE B
Transfer of copyright:
1.Inheritance
2.The copyright transfer, the contract for the use of the composition - license agreement for the
creation of work
3.Adopting of the work/composition
Management of copyrights:
Collecting societies of management(ZAiKS, ZASP, ZPAV)
Committee on Copyright Law
Legal issues
MODULE B
Limitations of copyrights:
Right to quote
Article. 29 of the Law on copyright and related rights: One can quote in the works constituting an
independent whole, fragments of published works or minor works in full, to the extent
reasonable explanation, critical analysis, teaching or rights genre works.
Conditions for using the right to quote:
it is an auxiliary function
It is recognizable
It is clearly marked
Use teaching, explaining
Quote and a reference to a specific idea of the author
Legal issues
MODULE B
Life stories
Katarzyna Pakosiska Georgialiki
Legal issues
MODULE B
Limitations of copyright:
Fair use:
limiting the monopoly of owners copyright involving the authorization to use without having to
obtain his consent from the already disseminated work under strict conditions and in very
specific situations.
What if I share a movie with a friend who I met on an Internet chat? Will it be fair use?
Legal issues
MODULE B
Protection of copyright and authors moral rights:
The author, if he believes that his moral rights have been violated may request:
-omission of that breach
-financial compensation
-remove the effects of the infringement
In the case of copyrights, the author may request:
-omission of that breach
-remove the effects of the infringement
-release of obtained benefits
-repair of damages
Legal issues
MODULE B
Life stories
Maanam vs Gold Maanam
Legal issues
MODULE B
Protecting of the image
Everyone has the right to the protection of the image
Example - Street View
To distribute the image one must first gain consent from person who is on the photo (exception -
the persons present in the crowd, such as during the gathering)
Limited right to protect the image - people in public - when the image is made in the
performance of public functions, dissemination of the image of such a person does not require a
special permit.
Paparazzi - "Bogusaw Linda. Supermen in slippers - Halo, wielki wiat, Edyta Grniak Fakt
Legal issues
MODULE B
Life stories
Resortowe dzieci suit of Jacek akowski
Legal issues
MODULE B
Press Law
It applies to all people working in the media as journalists, publishers of information, editors of
information.
Authorization
Refusal to provide information
Right to information
Correction
Legal issues
MODULE B
Creative Commons licenses
Set the license under which they are made available copyrighted works. Applied to text, image,
audio, audiovisual work. They consist of an organization Creative Commons.
Developers retain their rights by sharing their creations with others.
Some rights reserved vs All rights reserved vs Copyleft
Copyright - Exclusive copyright to the production and dissemination of works
Copyleft Free dissemination of composition/work
Legal issues
MODULE B
Creative Commons Licenses
There are four basic attributions that could regulate your CC license:
Symbol
pictogram
Description
Attribution: The user has to attribute the work in the manner specified by the author or
licensor.
Non-commercial: The digital content distribution is limited to non-commercial use.
Not derivative works: The user can not alter, transform, or build upon this work.
Share alike: If the user alters, transform, or builds upon this work, the user has to distribute
the resulting work only under the same or similar license to this one.
MODULE B
Creative Commons Licenses
Combining the above attributions you can use this six different CC license types:
Symbol/pictogram License type
Attribution only
Attribution-NoDerivatives
Attribution-NonCommercial
Attribution-ShareAlike
Attribution-NonCommercial- NoDerivatives
Attribution-NonCommercial- ShareAlike
MODULE B
In Poland, 6 basic license - a combination of conditions presented earlier:
Attribution 3.0 Poland - This license allows copying, modification, distribution, presentation and
execution of work only if the designation by. This license is the broadest guarantees freedom of
the licensee.
CC BY 3.0 PL
Attribution-Share Alike 3.0 Poland - This license allows copying, modification, distribution,
presentation and execution of work so long as to adapt the work will be granted the same
license. This is the license used by Wikipedia and its sister projects.
CC BY-SA 3.0 PL
Attribution-Noncommercial 3.0 Poland-This license allows copying, modification, remixing,
distribution, presentation and execution of the Work only for noncommercial purposes. This
condition does not, however derivative works (which may be covered by other licenses).
CC BY-NC 3.0 PL
Legal issues
MODULE B
Attribution-No Derivative Works 3.0 Poland - This license allows distribution, presentation and
execution of work in both the commercial and non-commercial purposes, provided that it in its
original form (not to create derivative works).
CC BY-ND 3.0 PL
Attribution-Noncommercial-Share Alike 3.0 Poland - This license allows the distribution,
presentation and execution of work only for non-commercial use, and as long as derivative works
will also be covered by the same license.
CC BY-NC-SA 3.0 PL
Attribution-Noncommercial-No Derivative Works 3.0 Poland - This license allows the
distribution, presentation and execution of work only for noncommercial purposes and provided
that it in its original form (not to create derivative works). It is the most restrictive license.
CC BY-NC-ND 3.0 PL
Legal issues
MODULE B
What should I do?
Mark authorship of composition
Give the name of the license
Include a link to the content of the license: http://creativecommons.org/licenses/by/3.0/pl/
Legal issues
MODULE B
Thank You!
Legal issues