Safe Creative
Safe Creative has been invited by the World Intellectual Property Organization (WIPO) to the Conference on Copyright Documentation and Infrastructure in Geneva October 13th and 14th to talk about private registries, our vision of interoperability and the challenges of the starting digital era. Safe Creative has collaborated in the survey of Private Copyright Documentation Systems and Practices during the past months. Borja Adsuara, of counsel of Safe Creative, will represent the leader online private registry in the meeting.
As you can read in the official announcement: The Conference on Copyright Documentation and Infrastructure is being organized in the framework of the Development Agenda Thematic Project on Intellectual Property (IP) and the Public Domain. The two day event will bring together representatives of governments, national and international public institutions, academics and other stakeholders involved in the copyright industries to address the increasing importance of copyright documentation and infrastructure. The goal of the conference is to raise the awareness of Member States on the linkage between copyright infrastructure and development and to highlight the complexities underlining a vast variety of key issues, including public registration and legal deposit systems, private documentation systems, online licensing tools and practices and the interrelation between copyright infrastructure and access to knowledge.
Survey of Private Copyright Documentation Systems and Practices.
Private copyright documentation, such as rights management information (RMI) and identifiers, may play a crucial role in building a digital environment in which information related to creative material is easily accessible to users. Uncertainty over the status of works and the broad diversity of rights [accessible] within different territories may constitute additional barriers to the proper licensing of content. In this scenario, identifiers can provide an essential support to the copyright infrastructure. For instance, collective management organizations (CMOs) need to build and maintain databases that contain information related to their associates and the repertoire they represent. In addition, it is also necessary to connect national databases to international projects that allow a greater level of interoperability and data exchange among different CMOs. Finally, the panel will provide an analysis of some of the increasingly important private registries, pointing in particular to their specifications with regard to structure and legal effects.
More information here: http://www.wipo.int/meetings/en/2011/wipo_cr_doc_ge_11/index.html
September 27th, 2011
Safe Creative
Copyright law is a set of rights belonging to authors and other rights owners (performers, producers, broadcasters …). Copyright laws provide procedures in cases of infringement of exclusive rights, protection of rights of remuneration, and, in some jurisdictions, provide moral rights. These laws offer protection to the holder of the copyright, whether the rights belong to the author, a third party, or holders of related rights.
In countries that have signed the main international copyright treaties, such as the Berne Convention, the registration in the national copyright services is voluntary. Enrollment in a public registry is not mandatory to acquire a copyright or to obtain the protection that laws grant to authors and other copyright holders. However, registration does serve to protect those rights, since they create a “iuris tantum”: rebuttable presumption of the existence of those declared rights.
Since international copyright treaties do not require formal requirements to protect the authorship and exploitation rights of works (which generally last for the creator’s lifespan plus 70 years), judges will assess all the evidence presented in case of conflict to resolve the competing rights, whether the evidence comes from public records or not.
Therefore, a private copyright registration has the same effctiveness and the advantage of offering evidence of authorship as public registration would in deterring plagiarism – in many cases free of charge – and has the advantage of generating the strongest technology based global evidence, immediately available and transparent online information, which facilitates interaction between rights holders and the users of the works.
If you want to know more about the Berne Convention you might visit this link:
http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works
Also you might be interested into reading some of the following articles:
Effectiveness in Spain (in Spanish): http://es.safecreative.net/2009/02/24/eficacia-juridica-y-probatoria-de-las-inscripciones-en-el-registro-de-safe-creative/
In Mexico (in Spanish): http://es.safecreative.net/2011/06/06/validez-como-prueba-del-registro-safe-creative-en-mexico/
In Argentina (in Spanish): http://es.safecreative.net/2011/05/16/%C2%BFes-posible-el-registro-de-obras-en-internet-validez-de-safecreative-en-argentina/
In the USA: http://en.safecreative.net/2009/04/06/legal-and-evidential-effectiveness-of-inscriptions-in-safe-creative%e2%80%99s-register/
Register your works in USCO with Safe Creative: http://en.safecreative.net/2011/06/07/register-your-works-in-the-u-s-copyright-office-from-safe-creative/
Text based in other by Juan Manuel Mielgo García from www.libargo.com with CC by-nc-sa license
Modified and translated by Mario Pena with CC by-nc-sa license
Here more information about rights: http://www.safecreative.org/work/1109270148319
September 27th, 2011