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

Moral Rights

 List of end-user rights and usages

 Rights and Usages derived tram Copyright Limitations and Exceptions[1]

Rights and Usages derived from other areas of legislation[2]

 Other rights and Usages [3]

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