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COPYRIGHTSNew Media Production Project

This project has been funded with support from the European Commission under the Lifelong Learning Programme. This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein

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Copyright and author’s moral rights- the most important differences: Author’s moral rights are entitled to each author composition/ work, those rights involve composition / work with the author. You can not get them to renounce or sell, they are durable, never expire and can not be transferred to another person.

The right to: -be an author-marking a composition of his name -integrity of the form and content of the work -decide on the first available -control over the use of the work -withdraw the work from circulation -withdraw from the contract, terminate the contract

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Moral rights are contained in: civil code Law about Copyright and Related Rights Act on Combating Unfair Competition

Who can bring a claim to court? Author – during his life Descendants managing copyright

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Copyright - determine the financial issues associated with the fact of being the author of a work / composition. They can be transferred to another person or entity. The right to: -exclusive use of the work -any dispose of the work in all fields of operation -pay for use of the work

Fields of operation:

Preservation of work/composition Rotation of the original and copies Dissemination of compositionPlacing on the market

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Copyright - duration:

The whole life of the author and 70 years after death What if you do not know the author?

Someone other than the author: 70 years from the date of dissemination of composition

What if the work has not been distributed?

If I buy a CD, does it mean that I acquire also copyrights?

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Transfer of copyright:

1.Inheritance2.The copyright transfer, the contract for the use of the composition - license agreement for the creation of work 3.Adopting of the work/composition

Management of copyrights: Collecting societies of management(ZAiKS, ZASP, ZPAV) Committee on Copyright Law

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Limitations of copyrights: Right to quote

Article. 29 of the Law on copyright and related rights: One can quote in the works constituting an independent whole, fragments of published works or minor works in full, to the extent reasonable explanation, critical analysis, teaching or rights genre works. Conditions for using the right to quote: it is an auxiliary function It is recognizable It is clearly marked Use teaching, explaining

Quote and a reference to a specific idea of the author

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Life stories…

Katarzyna Pakosińska „Georgialiki”

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Limitations of copyright:

Fair use: limiting the monopoly of owner’s copyright involving the authorization to use without having to obtain his consent from the already disseminated work under strict conditions and in very specific situations.

What if I share a movie with a friend who I met on an Internet chat? Will it be fair use?

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Protection of copyright and author’s moral rights:

The author, if he believes that his moral rights have been violated may request: -omission of that breach -financial compensation -remove the effects of the infringement

In the case of copyrights, the author may request: -omission of that breach -remove the effects of the infringement -release of obtained benefits -repair of damages

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Life stories…

Maanam vs Gold Maanam

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Protecting of the image

Everyone has the right to the protection of the image Example - Street View

To distribute the image one must first gain consent from person who is on the photo (exception - the persons present in the crowd, such as during the gathering)

Limited right to protect the image - people in public - when the image is made in the performance of public functions, dissemination of the image of such a person does not require a special permit.Paparazzi - "Bogusław Linda. Supermen in slippers” - Halo, wielki świat, Edyta Górniak – Fakt

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Life stories…

„Resortowe dzieci” – suit of Jacek Żakowski

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Press Law

It applies to all people working in the media as journalists, publishers of information, editors of information.

Authorization

Refusal to provide information

Right to information

Correction

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Creative Commons licenses

Set the license under which they are made available copyrighted works. Applied to text, image, audio, audiovisual work. They consist of an organization Creative Commons.

Developers retain their rights by sharing their creations with others.

Some rights reserved vs All rights reserved vs Copyleft

Copyright - Exclusive copyright to the production and dissemination of works

Copyleft – Free dissemination of composition/work

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Creative Commons Licenses

There are four basic attributions that could regulate your CC license:

Symbol pictogram

Description

Attribution: The user has to attribute the work in the manner specified by the author or licensor.

Non-commercial: The digital content distribution is limited to non-commercial use.

Not derivative works: The user can not alter, transform, or build upon this work.

Share alike: If the user alters, transform, or builds upon this work, the user has to distribute the resulting work only under the same or similar license to this one.

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Creative Commons Licenses

Combining the above attributions you can use this six different CC license types:

Symbol/pictogram License type

Attribution only

Attribution-NoDerivatives

Attribution-NonCommercial

Attribution-ShareAlike

Attribution-NonCommercial- NoDerivatives

Attribution-NonCommercial- ShareAlike

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In Poland, 6 basic license - a combination of conditions presented earlier: Attribution 3.0 Poland - This license allows copying, modification, distribution, presentation and execution of work only if the designation by. This license is the broadest guarantees freedom of the licensee. CC BY 3.0 PL Attribution-Share Alike 3.0 Poland - This license allows copying, modification, distribution, presentation and execution of work so long as to adapt the work will be granted the same license. This is the license used by Wikipedia and its sister projects. CC BY-SA 3.0 PL Attribution-Noncommercial 3.0 Poland-This license allows copying, modification, remixing, distribution, presentation and execution of the Work only for noncommercial purposes. This condition does not, however derivative works (which may be covered by other licenses). CC BY-NC 3.0 PL

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Attribution-No Derivative Works 3.0 Poland - This license allows distribution, presentation and execution of work in both the commercial and non-commercial purposes, provided that it in its original form (not to create derivative works). CC BY-ND 3.0 PL Attribution-Noncommercial-Share Alike 3.0 Poland - This license allows the distribution, presentation and execution of work only for non-commercial use, and as long as derivative works will also be covered by the same license. CC BY-NC-SA 3.0 PL Attribution-Noncommercial-No Derivative Works 3.0 Poland - This license allows the distribution, presentation and execution of work only for noncommercial purposes and provided that it in its original form (not to create derivative works). It is the most restrictive license. CC BY-NC-ND 3.0 PL

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What should I do?

Mark authorship of composition Give the name of the license Include a link to the content of the license: http:// creativecommons .org/ l i c e n s e s / b y / 3 . 0 / pl/

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Thank You!

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