Terminology
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Explanation
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Copyright
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Copyright is the exclusive right to authorise or prohibit the reproduction of artistic, dramatic, literary or musical works. Copyright is held by the original creator, and their heirs, or the creator may sell the rights to their works to a company e.g. a publisher. Copyright rules are set by international treaties e.g. Berne Convention; regional laws e.g. European copyright directive; national laws. http://www.wipo.int/copyright/en/faq/faqs.htm#rights
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Rightholder
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The rightholder is the person or entity who holds the copyright in a work. There are many types of rightholders, depending on the type of work. For example, authors or creators include writers, artists, composers, performers, film directors. Entrepreneurs, who invest and distribute the work include publishers, film and record producers. If the work is produced under the terms of an employment contract, the employer might hold the rights.
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Economic rights
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Copyright gives creators economic rights enabling them to control use of their material in a number of ways, such as by making copies, publishing their works, performing in public, broadcasting and use online. In this way, creators benefit financially, encouraging future creativity and the development of new material which in turn benefits us all.
http://www.intellectual-property.gov.uk/faq/copyright/econ_rights.htm
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Moral rights
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In contrast to economic rights, moral rights are concerned with protecting the personality and reputation of authors. Moral rights give creators the right to be identified as the creator, and to object to distortion or mutilation of their work. http://www.intellectual-property.gov.uk/faq/copyright/moral_rights.htm
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Exceptions and limitations
to copyright
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In many countries, there are a number of exceptions and limitations to copyright that allow limited use of copyright works without the permission of the copyright owner. For example, for research or private study, criticism or review, reporting current events, judicial proceedings, for teaching or use by people with disabilities.
http://www.intellectual-property.gov.uk/faq/copyright/exceptions.htm
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Term of protection
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The term of protection is the length of time that a work is subject to copyright protection. There are different terms depending on the type of work and the type of rightholder. For literary works, the international standard is life of the author plus 50 years. Some regions e.g. the EU and the US have chosen to extend the term of protection to life of the author plus 70 years. When the term of protection expires, the work is no longer protected by copyright and enters the public domain.
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Public domain
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A creative work is said to be in the public domain if there are no laws which restrict its use enabling its use for commercial or non-commercial purposes. The public domain is considered to be part of the common cultural and intellectual heritage of humanity. Works can be in the public domain for a number of reasons e.g. the work is not subject to copyright in the first place such as a name or a fact; the term of protection has expired; the rightholder has waived copyright such as under a Creative Commons Public Domain Dedication.
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Orphaned works
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Orphaned works are copyright works whose owners are difficult or impossible to trace. This makes rights clearance difficult and cumbersome e.g. when libraries need to get permission to undertake digitisation projects. Academic, scholarly material or less known works of no commercial value but important to researchers, historians, architects and other specialists may be disproportionately affected. http://www.copyright.gov/orphan/
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Technological Protection
Measure (TPM)
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Technological protection measures (TPMs) are components, software and other devices that are used to protect copyright material from being copied or accessed. They are increasingly used as a means of self-protection by copyright owners to protect digital content. Examples of TPMs include encryption of software, passwords, and regional coding on DVDs.
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Digital Rights Management
System (DRM)
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A Digital Rights Management System (DRM) is a type of Technological Protection Measure (TPM).
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Circumvention of TPMs
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Technological protection measures (TPMs) can be disabled or circumvented, for example, by using computer programs, or devices such as microchips. Circumvention can also occur by using passwords without authorisation. Countries which have ratified the WCT must give legal protection to TPMs so that it is illegal to manufacture or sell devices or services that circumvent TPMs.
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Reproduction rights
organization (RRO) /
collecting societies
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Reproduction Rights Organisations (RROs), also known as collecting societies, began in the 1980s to facilitate the licencing of photocopying of works in copyright e.g. multiple copies for course packs if this falls outside statutory exceptions. RROs licence the reproduction of copyright protected material when it is impractical for rights holders to act individually. They are set up and governed by rights holders, creators and publishers. RROs derive their authority from national legislation and/or from contracts with rights holders. http://www.ifrro.org/
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Levies (copyright levies on
equipment)
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A copyright levy is a financial charge on a piece of equipment such as a photocopy machine, fax machine, blank tape/CD/DVD, recording equipment or other media potentially used to copy copyright works. The charge is included in the price and is usually paid to a collecting society (RRO). Levies act as a form of compensation for rightholders whose works are subject to private copying. Levies are increasingly applied to digital equipment and media. http://europa.eu.int/comm/internal_market/copyright/levy_ reform/index_en.htm
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Royalty payments
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When a creator sells the rights to their works to an individual or a company e.g. a publisher or record company, payments dependent on the actual use of the work e.g. number of book sales, are sometimes made to the creator in return. These payments are known as royalties.
http://www.wipo.int/copyright/en/faq/faqs.htm#P81_9657
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Licences:
Negotiable and
nonnegotiable
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A licence is a formal authority to do something that would otherwise by unlawful. A licence is usually governed by contract law (not copyright law). Access to electronic resources in libraries is usually acquired via a licence. A shrink-wrap licence is commonly used for software purchased off-the-shelf by consumers. A click-wrap licence is also a user licence for software downloaded from a website, where the licence terms are accepted on screen by following a "click to accept" procedure. Both are examples of non-negotiable licences. Libraries on the other hand should negotiate the licence terms for electronic resources used in the library e.g. electronic journals or other databases. Libraries have developed their own model licences e.g.
http://www.eifl.net/services/services_model.html http://www.eblida.org/ecup/docs/licensing.htm
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