StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

A Certain Shift in the Requirements for Originality of Author Works and Copyrights - Coursework Example

Cite this document
Summary
The paper "A Certain Shift in the Requirements for Originality of Author Works and Copyrights" tells that A person who gives existence to a written piece is called an author. Many different authors have come up with varying writing styles, and those literary pieces are categorized accordingly…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.7% of users find it useful
A Certain Shift in the Requirements for Originality of Author Works and Copyrights
Read Text Preview

Extract of sample "A Certain Shift in the Requirements for Originality of Author Works and Copyrights"

?Running head: Works Works Works A person who gives existence to a written piece is called an Whatever the author writes totally depends upon his/her creativity and imagination. In the past, many different authors have come up with different styles of writing and those literary pieces are categorized accordingly. A few examples of different types of author works include mystery, women’s fiction, science fiction, thriller, horror, romance, western, young adult etc. However, ‘author works’ does not always imply a written work. The maker of a video can also be called an author. Things that require little or no effort from the human being itself may not be classified as an ‘author work’. For example, if a camera is placed in the lobby of an airport and it records a video of all the passengers, it cannot be called an author work because it required little or no effort from the maker itself. The process was entirely mechanical. So there has to be a certain threshold for originality for the subject of copyrights to come into play. The Government allows the authors a right to copy or distribute their written or produced pieces within a certain amount of time. This is called copyright. Different countries have different laws regarding copyright issues of different author works. Authorship on research papers can be judged by the amount of research one has done. A software engineer can also be called the author of software. The law towards protection of software copyrights is statutory. This is important because these days software is being marketed through websites, personal contacts, blogs and other channels without a license. In the United Kingdom, the Copyright, Designs and Patents Act 1988 UK places due importance on originality (Derclaye 2009). Originality is considered to be the pre-requisite factor while granting a copyright. It is required that literary, artistic, dramatic, and musical works should be original in order to qualify for copyright protection. Likewise, In Spain Article 1 of the Real Decreto Legislativo 1/1996, de 12 de abril, which is Spain's main copyright law states that "The intellectual property of a literary, artistic or scientific work is entitled to its author for the sole fact of its creation." An original work is considered to be the one that expresses the personality of its author. In the UAE, Federal Law No.7 of 2002 Pertains to Copyrights and Neighbouring Rights and has no such requirement as originality (Karake-Shalhoub and Qasimi 2006). Nevertheless work should have an element of innovation and creativity. All scientific, literary, musical or artistic work, cinematograph films, photographs, sound recordings, broadcasts must be copyrighted. Musical, scientific and literary works are judged only on their originality and not on the quality. Stories of fiction, poetry, plays, stage dramas, movies, news scripts, textbooks, agreements, historical documents, biographies, essays and articles, encyclopaedias and dictionaries, letters, reports and memoranda, lectures, addresses and sermons all come under the banner of ‘literary works’. However, it does not include speeches and addresses delivered in the House of Representatives and Courts. In India the “Sweat of the Brow Doctrine” is followed as it is a commonwealth country1. In Canada more importance is given to skill rather than labour. The Copyright Act (R.S. 1985, c. C-42) provides that: The Supreme Court of Canada asserted that the standard of originality should be set at the intermediate level of skill and judgment. McLachlin C J explained (Scassa and Deturbide 2004): “For a work to be 'original' within the meaning of the Copyright Act, it must be more than a mere copy of another work. At the same time, it need not be creative, in the sense of being novel or unique. What is required to attract copyright protection in the expression of an idea is an exercise of skill and judgment. By skill, I mean the use of one's knowledge, developed aptitude or practised ability in producing the work. By judgment, I mean the use of one's capacity for discernment or ability to form an opinion or evaluation by comparing different possible options in producing the work. This exercise of skill and judgment will necessarily involve intellectual effort. The exercise of skill and judgment required to produce the work must not be so trivial that it could be characterized as a purely mechanical exercise. For example, any skill and judgment that might be involved in simply changing the font of a work to produce 'another' work would be too trivial to merit copyright protection as an 'original' work” In the United States of America, there has been a certain shift in the requirements for originality of author works and copyrights. The shift started when The Supreme Court rejected to give a copyright claim for a telephone directory as it was thought that the telephone directory is just a collection numbers and does not require a creative or intellectual effort from the part of the maker (Vaidhyanathan 2003). Such was the case in Australia also. So in the United States, the work must be original and it should have an identifiable author or authors. The work should also contain a subject matter. And copyright should be granted based on expression, not just the idea. In France, the Art. L. 112-1 of the French 'Code de la Propriete Intellectuelle', the Code protects all works of spirit, intellectual creations (Bouche 2011). Since France is known for the French art and architecture, the French Law places a great emphasis on the originality of works of arts, photography being the prime art. Regarding the originality of routine photographs, which simply reproduce objects e.g. photographs contained in a shopping catalogue, the French Court has dictated that the photographer has to demonstrate that he has played an important role during the preparatory stage and thus he is the intellectual creator of those photographs. From the different requirements for originality discussed above. It can be seen that various countries across the Globe give due importance to originality of thought and expression. Plagiarism is forbidden; however, in some cases attribution is acceptable. But generally a copyright is issued only to those people who claim a right in the intellectual production and development of a work. Bibliography Bouche, Nicolas. Intellectual Property Law in France. Kluwer Law International, 2011. Derclaye, Estelle. Research handbook on the future of EU copyright. Edward Elgar Publishing, 2009. Karake-Shalhoub, Zeinab, and Lubna Al Qasimi. The diffusion of e-commerce in developing economies: a resource-based approach. Edward Elgar Publishing, 2006. Scassa, Teresa, and Michael Eugene Deturbide. Electronic Commerce and Internet Law in Canada. CCH Canadian Limited, 2004. Vaidhyanathan, Siva. Copyrights and copywrongs: the rise of intellectual property and how it threatens creativity. NYU Press, 2003. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Compare and Contrast the Requirements for Originality in Relation to Coursework”, n.d.)
Retrieved from https://studentshare.org/law/1430863-5compare-and-contrast-the-requirements-for-originality-in-relation-to-different-types-of-author-works-
(Compare and Contrast the Requirements for Originality in Relation to Coursework)
https://studentshare.org/law/1430863-5compare-and-contrast-the-requirements-for-originality-in-relation-to-different-types-of-author-works-.
“Compare and Contrast the Requirements for Originality in Relation to Coursework”, n.d. https://studentshare.org/law/1430863-5compare-and-contrast-the-requirements-for-originality-in-relation-to-different-types-of-author-works-.
  • Cited: 0 times

CHECK THESE SAMPLES OF A Certain Shift in the Requirements for Originality of Author Works and Copyrights

Modular Design and Prefabrication Solutions: Realising Patent Value

The UK has its own unique requirements for patents, but also shares some international ones provided under the WTO (WICO, 2003).... In order to achieve a UK patent, the invention has to fulfil certain guidelines.... The report will cover the following: principal ingredients to achieve a UK patent; value of a patent as compared to design copyright; design copyright without full patent; modular design principles and the prefabricated building solutions; un-patentable designs or unworthy of achieving a full patent....
16 Pages (4000 words) Dissertation

Staff Development: Challenges and Approaches

Of course, this writer also discovered that substantial improvements in interest and participation have been recorded in more recent years following the adoption of a more serious and formal approach to the activity, particularly the shift in perspective from the usual in-service type to the more organized “lifelong process” of teacher or professional development....
51 Pages (12750 words) Essay

CORPORATE MANSLAUGHTER: WHO BEARS RESPONSIBILITY

Very many individuals die every year due to negligence and a disregard for health and safety by corporate or business legal entities that have a duty to care for the health, safety and welfare of all human persons affected by their activities.... ... ... ... Corporate Manslaughter: Who Bears Responsibility?...
108 Pages (27000 words) Dissertation

Intellectual Property Law in the UK

At the same time, this legal statute also ensures that a creative mind receives proper recognition or acclamation for his/her works.... Copyright is associated with creative works associated with literature, drama, music, films, broadcasting networks to the typographic arrangement of various editions.... Due to technological progress scope of the intellectual property rights has become broader and an individual, who wishes to protect his creative works, coming within the scope of the Act, is required to register the work....
11 Pages (2750 words) Essay

INTELLECTUAL PROPERTY LAW

t is true that companies like YouTube generate enormous profits from the availability of huge variety of There are interesting facts about Intellectual Property Rights (IPRs) in a number of fields like agriculture and genetic resources, protection of traditional knowledge, and the role of copyrights in software and the internet.... Economists should find the discussion of internet copyrights especially fertile ground for research.... At the same time, well-structured copyrights could expand the scope for beneficial price discrimination in such materials....
20 Pages (5000 words) Essay

The Cultural Turn of the 1980s

Thus, translation is a process of mediation which works through ideology, and does not stand above those principles... A three-fold definition of the domain of translation includes first the process of transferring a written text from the source language (SL) to the target language (TL) by a....
19 Pages (4750 words) Essay

Effectiveness of Copyright Law in Modern Internet Age

In this paper, 'Effectiveness of Copyright Law in Modern Internet Age' the author discussed the effectiveness of copyright law preventing infringement in piracy in a modern internet age.... The author has focused on different issues related to copyright infringement....
40 Pages (10000 words) Dissertation

Imperfection of Copyright Law and the Notion of Piracy

Actual legal norm should take into account the specifics of the author's works recorded on various sources, including paper and digital ones.... A popular example in this regard would be the legal tussle between Microsoft and the European Union over certain provisions of the Windows operating system that were found to hamper a free market system with Europe....
18 Pages (4500 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us