Week 15

Question 1

Phonogram

Answer 1

is a fixation of sounds. Images and text are excluded. Apart from this, a phonogram can be a fixation of any sound or sounds of a performance.

images and text are excluded

Question 2

The producer of phonogram

Answer 2

The person, or the legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance, or other sounds, or the representations of sounds.

Question 3

Five economic rights:

Answer 3

• right of reproduction
• the right of distribution
• rental rights
• the right to remuneration for the broadcasting and communication of a work to the public
• the right of making phonograms available to the public.

Question 4

Producers of phonograms

Answer 4

should enjoy the exclusive rights of authorizing the making of both the original and copies of their phonograms available to the public through their sale or other transfer of ownership

Question 5

Rental rights

Answer 5

the exclusive rights of authorizing the commercial rental to the public of the original and copies of their phonograms

Question 6

The rights of producers of phonograms shall expire:

Answer 6

• 50 years after the fixation is made, (however)
• if the phonogram has been lawfully published within this period, the said rights shall expire 70 years from the date of the first lawful publication
• if not lawful publication has taken place within 50 years of the fixation being made, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire 70 years from the dates of the first lawful communication to the public.

Question 7

performance and producers phonograms have such limitations:

Answer 7

• exceptions and limitations,
• formalities
• technical measures
• rights management

Question 8

Rights of broadcast

Answer 8

• rebroadcasting the broadcast
• fixation of recording
• reproduction of fixation of the broadcast
• communication to the public (communication of the television broadcast if it such take place in locations in the public accessible agains the payment entrance fee)

Question 9

The first set of exceptions comprises four items:

Answer 9

• Related rights are not infringed by anything done for private use.
• Any use that is solely for the purposes of teaching or scientific research will also not amount to an infringement
• the use of short excerpts for the purposes of reporting current events will likewise be exempted.
• Ephemeral fixation by a broadcasting organization by means of its own facilities and for its own broadcasts will not amount to an infringement.

Question 10

Producers of the first fixations of films are granted four rights with respect to the original and copies of their films:

Answer 10

• The right of reproduction, I.e the exclusive right to authorize or prohibit direct or indirect, temporary or permanent reproduction
• The exclusive right to authorize or prohibit rental and lending
• The right of distribution
• The right of making available to the public.

Question 11

The “phonogram” is:

Answer 11

The fixation of sounds;

Question 12

The producer of the phonogram may be:

Answer 12

The natural person or the legal entity;

Question 13

Producers of phonograms do not have the:

Answer 13

Fixation right

Question 14

The reproduction of a phonogram made from a broadcast of the original recording (the indirect reproduction):

Answer 14

is covered by related rights of producer of phonogram.

Question 15

The 50 years period of protection of the rights of producer of phonograms, as a rule, starts running from:

Answer 15

the end of the year in which the phonogram was published

Question 16

The term of protection of broadcasters rights under WPPT is:

Answer 16

not specified. This Treaty does not cover the rights of broadcasting organizations.

Question 17

Which exceptions or limitations to related rights are allowed under the WPPT?

Answer 17

The same kind of limitations and exceptions as those contained in the national laws of Contracting States in relation to copyright.

Question 18

Does the TRIPS Agreement of 1994 apply to broadcasting organizations?

Answer 18

Yes

Question 19

The term of protection of broadcasters rights under the TRIPS Agreement

Answer 19

20 years

Question 20

In the EU the related rights to photographs lacking originality is:

Answer 20

not mandatory;

Question 21

The rights to critical and scientific publications under EU law may be granted for:

Answer 21

at most 30 years from the time when the publication was first lawfully published.

Question 22

Under the Rome Convention, the broadcastings organization right to reproduction is limited only to the reproduction of fixations of broadcasts that were made without their consent, which means that broadcasters may not prohibit the reproduction of the copy made with their consent.

Answer 22

Yes

Question 23

The scope of related rights of film producers un the EU includes the right of communication to the public distinct from the right of making available to the public:

Answer 23

No

Question 24

The related right to previously unpublished works in the EU is granted when such a work:

Answer 24

is published as a tangible copy, only.