Copyright Q&A – 聯誠國際智慧財產權事務所

What are copyrights?

licai_backstage — Mon, 10 Aug 2020 08:46:26 +0000

“Copyright” means the moral rights and economic rights subsisting in a completed work, and Copyright Owner means the person who owns the moral rights and economic rights of such work. Copyrights come into existence as soon as a work is completed, with no special procedures or registration required. Moral rights serve to protect the reputation and prestige of the authors and the moral interests of their works. Therefore, these may not be assigned or inherited. Economic rights mainly serve to give property rights to the creators, so that they can enjoy real economic benefits from their work.

這篇文章 What are copyrights? 最早出現於聯誠國際智慧財產權事務所。

What kinds of works are protected by copyright?

licai_backstage — Mon, 10 Aug 2020 08:45:39 +0000

The term “works” in the Copyright Act includes works in literature, science, the arts, and other intellectual realms. It includes oral and literary works (such as poems, verses, prose, fictions, plays or scenarios, and lectures), musical works (such as scores and lyrics), dramatic and choreographic works (such as pantomimes, musicals, dances), artistic works (such as paintings, comic strips (cartoons), sculptures, craftworks), photographic works (such as photographs and slides), pictorial and graphic works (such as maps, charts, scientific or engineering design drawings), audiovisual works (such as motion pictures, videocassettes, videodisks), sound recordings, architectural works (such as architectural design drawings, architectural models, buildings or constructions), computer programs, and performances. Copyright protects only the expression of a work, not the ideas, processes, operational methods, or concepts behind a work.

這篇文章 What kinds of works are protected by copyright? 最早出現於聯誠國際智慧財產權事務所。

When does copyright protection begin?

licai_backstage — Mon, 10 Aug 2020 08:44:52 +0000

Article 10 of the Copyright Act provides, “The author (creator) of a work shall enjoy copyright upon completion of the work.” That is to say, a creator enjoys copyrights as soon as he or she has completed a work. Registration is not required.

這篇文章 When does copyright protection begin? 最早出現於聯誠國際智慧財產權事務所。

What is the term of copyright protection?

licai_backstage — Mon, 10 Aug 2020 08:43:25 +0000

Copyrights are divided into moral rights and economic rights. Protection of moral rights is perpetual. Economic rights are for the lifetime of the creator and for 50 years after his or her death. However, economic rights in pseudonymous or anonymous works, works authored by a juristic person (e.g. a company or foundation), photographic and audiovisual works, sound recordings, and performances are for 50 years from the time of public release.

這篇文章 What is the term of copyright protection? 最早出現於聯誠國際智慧財產權事務所。

What is the scope of copyright protection?

licai_backstage — Mon, 10 Aug 2020 08:42:16 +0000

Copyrights are divided into moral rights and economic rights.

Moral rights include: right of public release, right of attribution, and right of integrity.

Economic rights include: reproduction right, public recitation right, public broadcasting right, public presentation right(for audiovisual works), public performance right, public transmission right, public display right(unpublished fine arts or photographic works), adaptation right, compilation right, distribution right, and rental right.

這篇文章 What is the scope of copyright protection? 最早出現於聯誠國際智慧財產權事務所。

Do product instruction manuals enjoy copyright protection even if they only contain operating procedures and specification descriptions?

licai_backstage — Mon, 10 Aug 2020 08:41:44 +0000

Copyrightable “works” includes works in literature, science, the arts, and other academic area. Oral and literary works include poems, verses, prose, fictions, plays or scenarios, academic theses, lectures, and other oral and literary works. Product instruction manuals-even those that merely contain operating procedures and specification descriptions-fall in the category of literary works entitled to protection as long as they have some modicum of creativity. However, if they do not contain any modicum of creativity, then they are not copyrightable works, and are not entitled to copyright protection.

這篇文章 Do product instruction manuals enjoy copyright protection even if they only contain operating procedures and specification descriptions? 最早出現於聯誠國際智慧財產權事務所。

What are “technological protection measures”? What new provisions have been made in the Copyright Act?

licai_backstage — Mon, 10 Aug 2020 08:40:06 +0000

Technological protection measures are protective measures employed by economic rights owners to prevent others from accessing or exploiting works without authorization. Such protective measures may take the form of equipment, devices, add-on components, encryption technology, a serial number, a password, or some other technology designed especially for technology protection purpose. Regardless of the means used, any measure that can effectively prevent or restrict others from entering and accessing works or exploiting works can be deemed a “technological protection measure.”

The main thrust of these provisions is that measures employed by copyright owners to effectively prevent pirating of their works may not be circumvented or disarmed without legal authorization from the rights owner. Likewise, it is also prohibited to provide any technology, equipment, or service for circumventing or disarming technological protection measures without any prior authorization. In keeping with the principle of “technological neutrality,” however, the Copyright Act also incorporates corresponding exception clauses allowing technological protection measures to be circumvented or disarmed where done for purposes such as: preserving national security or public interests; procurement evaluations by central or local government agencies, public libraries, or file archive institutions; protecting minors; protecting personal data; performing security testing of computers or networks; conducting encryption research; or conducting reverse engineering. These exception clauses will prevent technological protection measures from suppressing technological advancements.

這篇文章 What are “technological protection measures”? What new provisions have been made in the Copyright Act? 最早出現於聯誠國際智慧財產權事務所。