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Introduction to Copyright

Copyright is an important issue for World Scouting as it protects the integrity of what the Movement publishes. Whether you are at an international, national or local level in Scouting, you should know about copyright to protect what you publish and the rights of others who's resources you utilise.

What is copyright?
Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is ©, and in some jurisdictions may alternately be written (c).
Copyright recognises to the creator of an intellectual work (creative work) two categories of exclusive rights, that are opposable to all:

  • there are the personal rights, which are concerned in protecting the personality and reputation of the author in regards to his work, these are intangible rights and they are better known as “moral rights”
  • the economic rights, which concern the exploitation of the work and which allows the author to benefit financially from his work.

The economic rights of the author
The use of a work implies the right of the author to receive a payment. In fact, the cases where one can use the work for free are considered exceptions and are limited by law. The monetary gains that the author receives from the use of his work are the payments for his intellectual activity, it is to be considered like a salary, these payments are usually referred to as royalties.
The payment is usually generated by two forms of use:

  • Reproduction of the entire or partial work in a tangible form (reproductions).
  • Communication to Public of the work in an intangible form, by exposition, representation, broadcasting (radio & TV), etc.

What are the rights attached to copyright?
(Found in Convention of Berne)
Subject to certain permitted reservations, limitations or exceptions, the following are among the rights which must be recognised as exclusive rights of authorisation:

  • the right to translate (art. 8 CV Berne),
  • the right to make adaptations and arrangements of the work (art. 12 CV Berne),
  • the right to perform in public dramatic, dramatico-musical and musical works (art. 11 CV Berne),
  • the right to recite in public literary works (art. 11ter CV Berne),
  • the right to communicate to the public the performance of such works (art. 11 CV Berne),
  • the right to broadcast (with the possibility of a contracting State to provide for a mere right to equitable remuneration instead of a right of authorization) (art. 11bis CV Berne),
  • the right to make reproductions in any manner or form (with the possibility of a contracting State to permit, in certain special cases, reproduction without authorization provided that the reproduction does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author, and with the possibility of a contracting State to provide, in the case of sound recordings of musical works, for a right to equitable remuneration) (art. 9 CV Berne),
  • the right to use the work as a basis for an audiovisual work, and the right to reproduce, distribute, perform in public or communicate to the public that audiovisual work.

For a more detailed description of 'copyright' and information about 'how to copyright' please download the COPYRIGHT FACTSHEET .

 

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Copyright Factsheet

Copyright Factsheet_EN.pdf 725,40 kB

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