|
The
Digital Media Manifesto |
|||
|
Source |
Leonardo Chiariglione |
||
|
Title |
Some rights and usages based on legislation |
No. |
040303chiariglione01 |
Note: This document is a collection of information related to rights and usages supported by legislation. It is open to further contributions to clarify and extend its content. Its integration with the TRU list is also an objective.
List of rights and usages other than end-user under copyright legislation
Economic Rights
Right of Fixation
Right of Reproduction
Right of Performance
Right of Communication to the Public (including in some cases the right of making available)
Right of Broadcasting
Right of Distribution (including sale and other forms of transmitting ownership and in some cases also rental and public lending)
Right of Transformation or adaptation (to make a derivative work)
Moral Rights
Right of Attribution (paternity).
Right of Integrity
List of end-user rights and usages
Rights and Usages derived tram Copyright Limitations and Exceptions[1]
Right of Quotation (Bern Convention - BC - 10.1)
Uses for Education
illustration for teaching (BC 10.2) and research
uses for reproduction and communication to the public in educational institutions, libraries and archives
uses for distance leaming (US TEACH Act, 2002)
Uses for Information Purposes (BC l0 bis)
news incorporating other news (BC l0 bis. 1 )
news incorporating other works ( BC l0 bis.2)
Use for certain proceedings and ceremonies
Administrative, judicial, etc
Security proceedings
Religious, official ceremonies
Temporary Reproduction for the purpose of enabling transmission or use of a work
Reproduction for Private Use
Parody, Caricature and Pastiche
Ephemeral Recordings by broadcasting organizations
Uses for Social, Welfare purposes
use by visually impaired and disabled persons
time-shifting in prisons and hospitals..
Uses specific to Software
right to decompilation
right to make a back up copy of a software program.
reproduction for purpose of repair.
Rights and Usages derived from other areas of legislation[2]
Rights to Privacy, intimacy, and personality.
Rights of Childhood (justifying circumvention of TM under DMCA)
Freedom of Expression
ISP's safe harbors (in the US this belongs to Copyright Law)
transmission or mere conduit
caching
hosting
linking
Other rights and Usages [3]
Right to Space shift
Right to Time shift
Right to Use Content in the Platform of choice.
Right to Translate content into comparable formats.
Right to Use Technology to guarantee exercise of rights.
Note: Strictly speaking limitations and exceptions to copyright give rise to legally sanctioned privileges, not to not to "rights". However, in some circumstances a limitation or exception is expressed as "right" (e. g., the right to quote). Moreover other areas of legislation (e.g. right to privacy, freedom of expression, etc) are the source of end-user privileges. With respect to copyright law, it is important to distinguish exceptions allowing on the one hand, a free use of protected subject matter without previous authorisation of the right holder, from limitations on the other hand, that allow use of the content without authorization but require the user to pay remuneration. The amount of remuneration (e.g levies on digital recording equipment and media) may be fixed by law or by a public authority or can be subject to negotiation between right holders and other stakeholders.
[1] According to the intemational standard (Bern Convention, WCT, WPPT) limitations and exceptions are subject to the three-step test. The limitations recognised in an international Treaty are marked with the acronym of the same. They are often described in very generaI terms that national legislation develops in different manners.
[2] As the Copyright Law is integrated in a legislative system where all laws are interconnected many other rights can affect the users rights and expectations. the inclusion of safe harbors responds to the fact that they set a standard for use of content
[3] See, e.g http://www.digitalconsumer.org/bill.html