Proposal for a Directive amending

Proposal for a Directive amending

Introduction

Works protected by copyright, are varied. In general, any original creation of artistic, literary or scientific expressed by any means or medium, tangible or intangible, now known or hereafter devised, as specified in Article 10 of our Copyright Act. This general statement is completed by a list of protected works, which is purely illustrative, that is, be protected as any other work, although not on this list, if it is an original artistic, literary or scientific.

In addition to original works, in the strict sense, the laws of copyright protect the so-called derivative works, i.e. those that result from the processing of other existing works. Common examples are the translations and adaptations, revisions, updates and annotations, digests, summaries and extracts, and the musical arrangements (Article 11 of the LPI). The reason for their protection is very simple: its manufacture requires creative effort.

Very similar is the case of collections and databases, also the result of the use of existing works. Thus, Article 12 of the LPI for collections of other works, data or other independent elements such as anthologies and databases for the selection or arrangement of their contents constitutes intellectual creations, without prejudice, if any, of any rights subsisting in those contents. This protection applies only to its structure as a form of expression of the selection or arrangement of their contents, not being extended to them. In this case, originality, and therefore, the reason for its protection, is in "the selection or arrangement of their contents." Therefore, if there is a minimal creative input in the selection or arrangement of the components of the collection or the database will not have copyright.

Discussion

The extension of rights in sound recordings from 50 to 95 years in the EU has taken a step forward in its implementation, with its passage through the legal affairs committee. The action, ostensibly in order to provide a pension for musicians, is actually a cascade of billions of euros for the 4 major record companies.

There is no doubt that the current "hot topic" in the circles of rights, is the judgment that is coming from The Pirate Bay. The trial, which has been called " The political trial of the decade "has been covered extensively by news agencies. With the news so focused on this topic, it seems that the EU is trying to slide something that goes unnoticed by the media. The Legal Affairs Committee in the European Parliament has approved the resolution to extend the term of copyright, as discussed in the past 50 to 95 years in the recordings.

Proposal for a Directive amending Directive issue has always been the experts and is regularly the subject of heated debate. It Just remember the intense debate in the U.S. followed in 1998 with the Sony Bono Copyright Term Extension Act (CTEA), which had lined the term of copyright American over the term of copyright within the European Union. The Supreme Court American had even been led to ...