Flashcards: Fundamentals of Copyright Law — 24 cartões

Patronage system — definition?

Support arrangement where artists are paid by patrons.

Independent professional creator — role?

Earns income by selling copies after patronage declines.

Mass reproduction — significance?

Enables quick, cheap production of many copies.

Intangible property — meaning?

Legal control over non-physical creations like texts or songs.

Berne Convention 1886 — purpose?

Coordinates international copyright protection with shared minimum standards.

Copyright emergence — main driver?

Decline of patronage and rise of mass reproduction technologies.

Literary and artistic domain — scope?

Category of works protected under Berne, including creative expressions.

Expression not idea — protection?

Copyright protects how ideas are expressed, not the ideas themselves.

Originality requirement — purpose?

Ensures work reflects author’s own creative choices.

Idea–expression dichotomy — meaning?

Distinguishes protected expression from unprotected ideas or facts.

Official texts and exemptions — example?

Some official acts may be exempt from copyright; modifications can be protected.

Automatic protection — criterion?

Works are protected if they meet Berne’s eligibility, without registration.

Communication to the public — act?

Making a work accessible to an audience beyond the original viewers.

New public — definition?

A different audience not contemplated at initial release.

Making available right — scope?

Online access where users can reach the work at will.

CJEU hotel case — subject?

Hotels providing TV to guests as communication to the public.

Framing vs consent — difference?

Framing may bypass consent; consent involves explicit permission.

Linking — effect?

Links do not transmit content, generally not communication to the public.

Embedding — legal concern?

Can be a communication to the public if it bypasses technological restrictions.

Protection standards — basis?

Minimum standards set by Berne, with national treatment.

Technological measures — role?

Protect works; bypassing can lead to liability for infringement and circumvention.

Passive vs active platform — liability?

Active control or organization can lead to direct liability.

Reproduction — definition?

Copying a work onto a new medium or server.

Link vs embed — difference?

Link redirects; embed displays content within a page.