Intellectual Property encompasses Copyright, Patent, Trademark.Long before the advent of digital technology, writers, artists and publishers wrestled with issues of creative control, appropriate use and outright theft of music, text, images and designs. The new technology has created troubling permutations. With the push of a button, multiple copies of first generation quality can be reproduced and transmitted to computer terminals throughout the world.
Copyright ©...protects original works of authorship such as musical compositions, works of art, motion pictures, literary works, including computer programs, and other creations.
Secondary rights are for example cable retransmission rights, private copy on blank cassettes levies, and authors, directors, performers' right to equitable remuneration.
Collective Collection Societies have been created to license the rights of which the management requirements are such that it makes it impracticable for any individual or company to do so themselves. For example, the music performance rights or the secondary rights.
Cable retransmission rights are negotiated between the cable operators and the collective collection societies. The cable retransmission royalties are paid by the cable operators to the collective collection societies because of their simultaneous retransmission of a television signal on their cable system. In accordance with the European Union Directive, the cable retransmission rights are paid to the authors, (including the directors), the performers and the producers.
Also known as (a.k.a.) Blank Tape Levy, the private copy levy is a statutory right paid by the manufacturers and / or importers of audio visual tapes and equipment to the collective collection societies. Calculated as a percentage on the wholesale price, this levy compensates the authors, the directors, the performers and the producers for the private home video recording of audio visual programmes. This levy already exists in most European countries.
Performers and producers are entitled to equitable remuneration which varies from country to country.
Authors, Directors, Performers and Producer, in accordance with the European Union Directive are entitled to royalties arising from the renting and lending of their works.
A conflict (a.k.a. double claim or multiple claim) exists when one or several rights to a title are claimed by more than one claimant.
If unclaimed and after a certain period of time specific to each country and to each collection society, the royalties are definitively lost by the holder of the rights. These royalties are then redistributed by the collection society between its eligible claimants in accordance with its own internal regulations.
Failure to properly claim the works, in whichever form each collective collection society might require, may also fall under the statutes of limitation.
Furthermore, failure to properly claim the royalties due providing each collective collection society with the exact details of the broadcasting of the works: channels, dates and time of broadcasting, broadcast title in the language of the channels' country, etc will have the very likely outcome that a substantial number of broadcasts will not be identified and will fall under the statutes of limitation.
Trademark/Service Mark ...protects distinctive names, short phrases, logos or graphic designs (among other things) which are designed to distinguish goods and services provided by the owner of the mark.
Patent a patent grants a monopoly for a certain number of years for the use and development of an invention.
Entitlement to the secondary rights arises from the ownership of the copyright in the program or from the contractual and explicit assignment by the copyright owner or holder to another party of the right to collect these royalties.