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Copyright and legal aspects in the media industry.

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 29.05.2024

Copyright and legal aspects in the media industry.

                                                                                                                                                                       

Introduction

Copyright is an important component of legal regulation in the media industry. It protects the intellectual property of creators and encourages them to create new works. This article discusses the main aspects of copyright and other legal issues related to the media industry.

 

The basics of copyright

What is copyright?

Copyright covers the rights of creators to their literary, artistic, musical, cinematographic and other works. It includes:

  • Property rights: the right to use a work, including publication, distribution, adaptation, and performance.
  • Non-property rights: the right to authorship, the right to name, the right to inviolability of a work.

Duration of copyright

Copyright is usually valid for the life of the author plus a certain period after his or her death (for example, 70 years in most countries). After this period, the work enters the public domain and can be used without restriction.

 

International agreements

 

Berne Convention

The Berne Convention for the Protection of Literary and Artistic Works (1886) is one of the main international agreements in the field of copyright. It provides:

  • Automatic protection: works are automatically protected in all participating countries without the need for registration.
  • National treatment: participating countries undertake to provide authors from other countries with the same protection as their own citizens.

 

TRIPS agreement

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is part of the World Trade Organization (WTO) system. It sets minimum standards for the protection of copyrights, patents, trademarks and other intellectual property rights. You may be interested in the following articles: legal advice, legal advice, analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal assistance, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.

 

Legal regulation of the media industry

 

Content protection

Content protection is a key aspect in the media industry. This includes:

  • Copyright: protection of works from illegal use and copying.
  • Related rights: rights of performers, phonogram producers, broadcasting organizations.

 

Licensing

Licensing is an important mechanism in the media industry that allows rights holders to grant permission to use their works to other individuals or organizations. This includes:

  • Sublicenses: transfer of rights to use works to third parties.
  • Collective management of rights: collective management organizations (e.g., ASKAP, BMI) collect royalties on behalf of rights holders.

 

Broadcasting rights

Broadcasting rights are key for television and radio companies. They include:

  • Exclusive rights: the right to broadcast certain programs or events.
  • Cable and satellite broadcasting: regulation of content retransmission rights.
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