What is Copyright and Where is Copyright Applied?

What is copyright?

Copyright is the exclusive right to copy a creative work or to allow someone to do something like this. Copyright on a work automatically arises at the time of creation of an original or derivative work.

Where is copyright applied?

Copyright applies to all original literary, scientific and artistic works. These include books, music, sculptures, paintings, photographs, movies, radio-television programs, computer programs.

Copyright is included in other entities, which includes sound recording (such as recordings, tapes and compact discs) performers performances and communication signals.

Why Protect Copyright?

Copyright and related rights are essential to human creativity, thus giving incentives to creators in the form of fair economic recognition and rewards. Under this system of copyright makers are assured that their works can be distributed without fear of unauthorized copying and piracy. This is to help increase access and enjoy the enjoyment of culture, knowledge and entertainment all over the world.

When a person creates a literary, musical, scientific or artistic work, he / she is the holder of that work and is free to decide on the destination or destiny of its use. That person (called the creator or author or the rights holder) can control the fate of the offense. Since, by law and conventions, the work is protected by copyright from the moment of creation and there is no need for formalities as a condition of that protection.

Copyright is the legal protection extended to the right holder in an original work that he has created. It consists of two main groups of rights: economic rights and moral rights.

Economic rights are the rights of reproduction, broadcasting, public performance, adaptation, translation, public recitation, public display, distribution and so on.

Moral rights include copyrights to oppose any distortion, mutilation, or other modification that may be done to his or her offense that may damage his honor or reputation.

What do you mean by authorship?

Author is any natural person or group of physical persons who creates literary, artistic, scientific, original intellectual product materialized, regardless of the form and manner of expression.

What rights does copyright stand for?

The original creators of copyrighted works, and their heirs, have certain basic rights. They retain the exclusive right to use or authorize others to use the work on terms and agreed agreements. The creator of the work may stop or authorize:


  • its reproduction in various forms, such as printed publications or sound recordings;
  • his public performance, as in a drama or musical work;
  • recordings, for example, in the form of compact discs, tapes or video cassettes; ;
  • its broadcasts by radio, cable or satellite;
  • translations into other languages, or adaptations, such as a novel on the stage.


What are copyright-related rights?

An area of ​​copyright-related rights has developed rapidly in the last 50 years. Related rights are:

Performers and / or performers are actors, singers, musicians, dancers and other persons presenting, singing, dancing, reciting, playing, interpreting, executing, directing an orchestra or displaying or bringing in any form of artistic creation or literary, a show of any kind, including folklore, variety, circus and puppet performances.

Producer of phonographic recordings is the person who, directly from an artistic performance, performs recording of the work and fixing it in a phonographic holder or in a similar means for the reproduction of sounds and sounds.

Broadcasting organization means broadcasting by a broadcasting organization of a broadcast of another Broadcasting Organization.

What is the protection of copyright-related rights?

Given the copyrighted copyrights applied to authors, “related rights”, also known as “neighboring rights”, refer to other categories of copyright owners, artists and managers, phonogram producers and broadcasting organizations. Related rights are the rights of performers, phonogram producers and broadcasting organizations concerning their performances, phonograms and broadcasts respectively.

Are the ideas, methods or concepts protected by copyrights?

Copyright lies only in terms and not in ideas, procedures, methods of action or mathematical concepts as such.

Is a copyrighted TV format?

Broadcasting organizations are protected as rights holders under the International Convention for the Protection of Interpreters, Producers of Phonograms and Broadcasting Organizations (the Rome Convention). The content of the show as such may be protected by copyright and related rights, subject to national legislation. Television formats, however, have not been discussed in WIPO as a subject of special international protection.

Is a copyrighted person?

A character can be copyrighted if it is an original expression of an author. Commercial items such as toys, interactive games, books and outfits including characters can also be protected from intellectual property rights under certain circumstances, primarily copyright and trademark trade, along with other domains of law.

Is a copyrighted name, title, slogan or logo protected by copyright?


In most circumstances copyright does not protect the names. Copyright may or may not be available for headlines, slogans, and logos, depending on whether they contain sufficient authorship.

What creations are not a copyright object?

They are not subject to copyright and do not enjoy protection from this law:

  1. a) Ideas, theories, concepts, discoveries, and inventions in a creative work, regardless of the manner of taking, explaining, or expressing;
  2. b) inventions, legal, administrative and judicial acts, as well as other official creations and their collections, presented in order to inform the public officially;
  3. c) official symbols of the state, organizations and public authorities, such as weapons, seals, flags, emblems, medallions, badges, medals;

ç) means of payment;

  1. d) news and press information, which has a simple information character;
  2. dh) simple data and facts.


What should I do to protect my copyright?

While copyright exists automatically, the holder of the right is protected under the applicable law. Registration in the Directory of Copyright is optional, so it is not mandatory and serves to identify copyright on a particular work as part of the Copyright Register.


What are the derived works?

The derived works are intellectual creations that are made based on one or more works that have existed before, such as translations, adaptations, music arrangements, illustrations, documentaries, art reproductions, static or interactive web sites, and other alterations to original literary, scientific or artistic creations / works, which can be transformed, remodeled or adapted, and which are protected as original creations / works independently of the copyright of the original creation.

What is the term “Public Domain”?

In the sense of Law no. 35/2016, the term “public domain” is considered the typology or regime of free use by the public of works of copyright and other related rights that have expired the term of protection under this law or who have never been under the protection of copyright law.

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