|
|
ОглавлениеUnit 2 IP: International Legal Environment Unit 3 Copyright Law: Rationale of copyright. Obtaining and enforcing copyright Unit 4 Copyright Law: Moral and Economic rights Unit 5 Copyright Protection of Computer Software Unit 6 Copyright Law: “Whose format is it anyway?” Unit 7 Trademarks: definition, functions, registration and use Unit 8 IP and Business: Trademark Coexistence Unit 11 Patent Law: Patent application Unit 13 Role of Intellectual Property in Enhancing the Competitiveness of the Tourism Industry Для бесплатного чтения доступна только часть главы! Для чтения полной версии необходимо приобрести книгуUnit 4 Copyright Law: Moral and Economic rightsVOCABULARYeconomic rights — права собственности, имущественное право exercise exclusive rights — использовать исключительные права exercise attendant rights — использовать смежные права exploit copyright — использовать, применять авторское право moral right — личное неимущественное право paternity right(right of attribution) — право на авторство inalienability — неотчуждаемость, неотъемлемость resale right — право вторичной продажи, право следования reproduction right — право на воспроизведение lending right — право публичного проката first sale or distribution right — право первой продажи / право на распространение public performance right — право на публичное исполнение public communication right — право на обнародование, право на публичный показ adaptation right — право на адаптацию primary infringement — первичное нарушение исключительных прав secondary infringement — вторичное нарушение исключительных прав derogatory treatment — непочтительное, умаляющее достоинство обращение fair use (fair dealing) — добросовестное использование related (attendant, neighbouring) rights — смежные права assert a right — заявлять о праве READING 1Exercise 1. Read through the text and answer the questions. 1. In what way do economic rights differ from moral rights? 2. What two major moral rights are recognized by the Copyright Designs and Patents Act 1988? 3. What does ‘inalienability’ mean? 4. What major exclusive economic rights arise from ownership of the copyright? 5. Why do resale rights occupy the position between the economic and moral rights? 6. Why are the primary restricted acts so important for the copyright owner? Moral rights. The Copyright Designs and Patents Act 1988 recognized two major moral rights: 1) paternity (the right to be identified as author of a literary, dramatic, musical or artistic work, or as director of a copyright film); and 2) integrity (the right of such authors and directors to prevent derogatory treatment of their work). The rights belong to the author/director, and cannot be alienated, although on death they are transmitted as part of the decedent estate. Inalienability means that these rights cannot be the subject of commerce in themselves; but under UK law, they may be waived, albeit this requires writing. Further, the paternity right must be ‘asserted’ before it can apply, and it is not generally available to authors whose works are created in the course of employment. Economic rights: The rights to be considered are known as economic rights, because unlike the moral rights, they may be exploited by transferring them to others or licensing others to use them for a price. The Berne Convention recognizes transferable economic rights enabling copyright owners to control the following activities in relation to their works: • translation • reproduction • public performance and communication of dramatic and musical works • broadcasting • adaptation Economic rights are so known because it is essentially through these rights that copyright can become a source of income for its owner, by selling them or licensing others to perform the acts restricted by the rights. Moral rights, on the other hand, cannot be transferred to persons other than the author of the work, and are essentially linked to the author’s interests in the work as an expression of an individual’s personality. Resale rights admittedly occupy something of a middle ground between the economic and moral rights, in that through them the author earns an income; but this is entirely contingent on the activities of others over which the author has no control. Primary restricted acts There are now six major exclusive economic rights arising from ownership of the copyright in any protected work. The restricted acts for which a licence must be sought if they are to be lawfully carried out by a person other than the copyright owner may be listed as follows: • copying (reproduction right) • issuing copies of the work to the public (first sale or distribution right) • renting or lending the work to the public (rental/lending right) • performing, showing or playing the work in public (public performance right) • communicating the work to the public (public communication right) • making an adaptation of the work (adaptation right) The restricted acts may be described as methods of reproducing the work. Defining their scope is important for the copyright owner in two main ways: first, in determining the areas in which generally his license must be sought by others wishing to use the work, and, second, in deciding when action may be taken in respect of infringement of copyright. In addition, a person who without right to do so authorizes another to do any of the restricted acts is himself an infringer as well. (Contemporary Intellectual Property Law and Policy) Exercise 2. Read the text more closely and say whether the following statements are true or false. If they are false correct them, if they are true prove it. 1. The paternity right is not generally available to authors whose works are created in the course of employment. 2. Moral rights, unlike the economic rights, may be exploited by transferring them to others or licensing others to use them for a price. 3. Economic rights can not be transferred to persons other than the author of the work, and are essentially linked to the author’s interests in the work as an expression of an individual’s personality. 4. The restricted acts may be described as ways of reproducing the work. VOCABULARY IN USEExercise 3. Match these concepts from the text with their definitions and find Russian equivalents.
READING 2Exercise 4. Read the text and answer the question What is the difference between primary and secondary infringement of copyright? Translate the text. Dealing in infringing copies of a work — e.g. selling, importing or exporting copies made without the licence of the copyright owner — may be an infringement of copyright. This type of infringement is termed secondary infringement in contrast with the primary infringements constituted by the six restricted acts listed above. It is unlikely that a copyright owner will grant licences to deal in infringing copies, and the nature of the infringement is distinct in various other ways, in particular in requiring that the infringer should know or have reason to believe that he was dealing in infringing copies. There is nothing comparable in respect of the primary infringements, as unauthorized performances of the restricted acts will henceforth be called. With them liability is strict and not dependent on the knowledge or fault of the infringer. С книгой "Intellectual property rights protection worldwide = Иностранный язык в сфере права интеллектуальной собственности. Учебное пособие" автора Пикалова В.В., Розанова Е.И. также читают:
Внимание! Авторские права на книгу "Intellectual property rights protection worldwide = Иностранный язык в сфере права интеллектуальной собственности. Учебное пособие" (Пикалова В.В., Розанова Е.И.) охраняются законодательством! |
||||||||||||||||||||||||||||||||||
