2006-01-15
Copyright Ontology, http://rhizomik.net/ontologies/copyrightonto
CopyrightOntology
A creation that happens and has temporal parts or stages.
1
RULE:
(∀v:Derive)
((∃mr:MoralRights)(∃er:EconomicRights)
((∀p:Person)(∀w:Work)(∀w':Work)(∀m:Manifestation)(∀t:Time)
(w≠w')∧agent(v,p)∧theme(v,w)∧result(v,m)∧aim(v,w')∧pointInTime(v,t)∧location(v,l)
→
agent(mr,p)∧agent(er,p)∧essence(mr,w')∧essence(er,m)∧start(mr,t)∧start(er,t)∧
location(mr,l)∧location(er,l)∧isManifestationOf(m,w')∧isDerivationOf(w',w)))
Derive
1
This correspond to the act changing a work protected by copyright in order to generate a new work. The resulting derivations are themselves works protected by copyright. Derive is thus also a rights generation action, i.e. it causes new rights to arise as a new Work and its first Manifestation are generated as results of the Derive action.
The action is required to produce also the first Manifestation of the Work in order to have legal implications. If there is not a Manifestation, the derivation takes part just in the field of ideas, which are not regulated by copyright.
1
Person
Broadcast Medium
Motion Picture
The transmission of a work among places at a given time. It is a process performed when the public is not present at the place and or time where the Communication originates. It includes broadcasts, i.e. one to many, but also communications from a place and at a time individually chosen.
Examples: a radio broadcast of a sound recording of The Magic Flute or an Internet streaming of the film Les Misérables.
Communication
A place that is public.
Public Place
To reproduce a work exclusively for the personal and private use of the person who makes the reproduction, e.g. a backup.
Private Copy Right
Motion Picture Right
EditionContract
Attend
1
This is the action corresponding to the consumption of a Perform in a PublicPlace. The theme is a Performance which result from a Perform that is held in the same PublicPlace. Therefore, there is a time sharing between the Attend and the corresponding Perform.
To Adapt is generally understood as the modification of a Work from one type of Work to another, for example adapting a novel so as to make a motion picture, or the modification of a Work so as to make it suitable for different conditions of exploitation, for example adapting an instructional textbook originally prepared for higher education into an instructional textbook intended for students at a lower level.
Adapt
DistributionContract
To illustrate for teaching and research, uses for reproduction and communication to the public in educational institutions, libraries and archives.
Education Right
Improvisation
The expression in time of a work, which has not been previously materialised in a manifestation, before and audience. Performers or technical methods might be involved in the process.
Examples: to play some improvised music in a concert.
A situation in which an ipr is transferred by an agreement.
IPRAgreement
RULE:
The right of distribution is usually subject to exhaustion upon first sale or other transfer of ownership of a particular copy. This means that, there are are not Distribute actions that have a previously distributed Instance as theme.
(∀v:Sell)(∀i:Instance)(theme(v,i)
→ ¬(∃v':Sell)(theme(v',i)∧v≠v'))
0
Sell
The ownership of the corresponding physical support is transferred permanently, there is not a duration. However, there is a condition, an economic transfer on exchange of which the ownership is transferred.
Dissemination Right
The right to disclose the work.
It regulates actions that produce replicas of a given object, i.e. Instances. Examples of reproduction are the mass production of CD copies from an audio recording master, to scan a book in order to produce a digitalisation of it or to download a digital file into the local hard disk.
Reproduction Right
Quotation Right
The making of quotations from a protected work, provided that the source is mentioned and that the extent of the quotation is compatible with fair practice.
Live Communication
Temporary Reproduction Right
To produce ephemeral reproductions required in order to facilitate some technological processes geared towards work usage, e.g. internet caches.
Producers have exclusive Reproduction Right over their fixations and exclusive Distribution Right over the resulting copies. As before, these rights will be in addition to the rights of copyright owners.
Producers Rights
Performers have exclusive Fixation, Communication, Reproduction, Public Performance and Distribution Rights over their performances. These rights, when the performance is of a copyrighted work, will be in addition to the rights of copyright owners with respect to the performance and subsequent exploitation of the performance.
Performers Rights
CounterOffer
It regulates the materialisation of a Performance into an object that constitutes a Fixation. Common fixations are motion pictures and sound recordings, which are governed by the corresponding Sound Recording Right and Motion Picture Right.
Fixation Right
Traditionally communication actions related to the communication right were quite passive from the point of view of the communication consumer. The communicator decided when a concrete work was broadcasted and the consumers had just to the option to get or not access to the communication medium in order to consume the content. Consumers did not have any alternative to time-shift content consumption without the intervention of recording mediums.
However, communication mediums that allow user interaction have appeared, among which the Internet is the more important one nowadays. The consequence is a particular kind of communication where members of the public access works from a place and at a time individually chosen by them. This kind of communication is called to MakeAvailable in the copyright context.
Make Available
ProductionContract
Transformation Right
It regulates actions that generate new works from previously existing ones. The results of this kind of actions are considered new works, and not mere reproductions, because they contribute something new, i.e. they are original as detailed in the Originality section. This right is concretised into the Adaptation Right and the Translation Right. The former creates a new work of a different type than the original one, e.g. a film from a novel. The latter generates a work of the same type but in a different language.
News incorporating other news and news incorporating other works.
Information Right
One or more authors generate a manifestation from a work at a given place (at least the country for copyright jurisdiction) and time (from legal point of view).
In the case of employed authors and works made for hire, the employer, and not the employee, is legally considered the author of the work and becomes the rights holder.
Multiple creators are also allowed in order to cope with works realised in collaboration.
If this action brings into existence the first manifestation of a work, the manifest event implies that the creator becomes the holder of all the copyright rights on the creation. All this is modelled by the Manifest-Rule. In order to check that this is the first manifestation of the work, the rule tests if there is not a statement asserting that there is a manifestation of the work yet.
RULE:
(∀v:Manifest)
((∃mr:MoralRights)(∃er:EconomicRights)
((∀p:Person)(∀m':Manifestation)(∀w:Work)(∀m:Manifestation)(∀t:Time)
(¬isManifestationOf(m',w)∧agent(v,p)∧theme(v,w)∧result(v,m)∧
pointInTime(v,t)∧location(v,l)
→
agent(mr,p)∧agent(er,p)∧essence(mr,w)∧essence(er,m)∧
start(mr,t)∧start(er,t)∧location(mr,l)∧location(er,l)∧isManifestationOf(m,w)))
1
1
1
Manifest
1
1
Recorded Communication
Performance
The expression in time of a manifestation of a work before and audience. Performers or technical methods might be involved in the process.
Examples: the scenic play of The Magic Flute opera or a screen play of any of Les Misérables films.
Adaptation Right
A Communicate of a Performance.
Live Communicate
To use for certain administrative, judicial or security proceedings and religious or official ceremonies.
Official Act Right
Fixation
The materialisation of a performance in a tangible of digital object.
International identification schemes for manifestations: ISRC (International Standard Recording Code) for audio and video recordings or ISAN (International Standard Audiovisual Number) for audiovisual works.
Examples: a sound recording of The Magic Flute opera or any motion picture of Les Misérables.
This is the action that consumes the communication of a Broadcast. Consequently, it is a non-interactive action from the point of view of the consumer. The user just tunes the medium where the content is broadcasted from an appropriate location.
0
Tune
1
1
1
1
1
1
This action directly generates a performance from a work, without a previous manifestation.
1
Improvise
1
1
When a work is broadcasted, it is made available to a collective through a communication medium. There are two kinds of broadcasting depending on the communication medium. In the first one the medium is the air. A wireless signal is emitted into the air, which can be received by any person, within range of the signal, who possesses the equipment (radio or television receiver) necessary to convert the signal into sounds or sounds and images. In the second one the medium is a cable. A signal is diffused and only persons who possess the required equipment linked to the cables used to diffuse the signal can receive it.
Broadcast
Manifestation
The materialisation of a Work in a concrete medium, i.e. a tangible or digital object.
International identification schemes for manifestations: ISBN (International Standard Book Number) for books or ISMN (International Standard Music Number) for printed music.
Examples: the printed scores of The Magic Flute or the editions of Les Misérables.
Work
The socially shared concept that captures the characteristics that allow the identification of the original creation among all its manifestations.
International identification schemes for works: ISTC (International Standard Text Code) for textual works, ISSN (International Standard Serial Number) for serial publications or ISWC (International Standard Musical Work Code) for musical and literary works.
Examples: Mozart's The Magic Flute or Victor Hugo's Les Misérables.
Once Instances of a Work have been produced, they are distributed to the public. Therefore, there is a recipient of the Instance. If the Distribute does not imply a permanent transfer of ownership on the Instance, i.e. on the material support but not on the underlying Work, there is also a duration case role. This is concretised in the Distribute specialisations.
1
1
Distribute
Moral Rights
1
1
1
Moral rights are always held by the creator and cannot be commercially exploited. They are not present in all legal systems. However, WIPO treaties are promoting some of them in order to improve worldwide copyright law harmonisation.
1
Use
1
1
1
The motivation of an action.
Aim
Collective
A collective of Persons. Defined or enumerated.
1
This corresponds to the action of public performance. To perform a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.
It is important to note that the performance is considered public when it takes place at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is involved. Therefore, it will not be considered public when it is performed in a strictly domestic domain.
1
1
Perform
RULE:
(∀p:Perform)
((∃!m:Manifestation)(∃!pe:Performance)
(theme(p,m)∧result(p,pe))
→
isPerformanceOf(pe,m))
Integrity Right
The right to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the work which would be prejudicial to the author's honour or reputation.
Related Rights
There are the rights of other persons also involved in the exploitation of works. Performers, producers and broadcasters make a significant contribution in order to make works reach end-users. Their contribution is also protected by some rights related to copyright, the Related Rights or Neighbouring Rights.
Legal Person
Abstract
Something that cannot exist at a paticular place and time without some physical encoding or embodiment. Also known as Mental Concept.
1
A Transfer of some economic value in exchange of something, the aim.
1
1
Economic Transfer
Sound Recording
Public Performance Right
It regulates Performances of works when they are made in public, i.e. before an audience.
Interactive Medium
Translate
To express a work in a language other than that of the original version. Therefore, it is possible to just chain the language characteristic from the original Work to the new one.
RULE:
(∀r:Record)
((∃!p:Performance)(∃!f:Fixation)
(theme(r,p)∧result(r,f))
→
isFixationOf(f,p))
Record
1
Generically, a work is considered fixed when it is stored on some medium in which it can be perceived, reproduced, or otherwise communicated. For example, a song is considered fixed when it is written down on paper. The paper is the medium on which the song can be perceived, reproduced and communicated.
It is not necessary that the medium be such that a human can perceive the work, as long as the work can be perceived by a machine. Thus, the song is also fixed the moment the author records it onto a cassette tape. Similarly, a computer program is fixed when stored on a computer hard drive.
From the legal point of view, the fixations that are governed are those that store performances of works. The more important kinds of fixations are sound recordings and motion pictures.
The theme of a Record is a Performance but it is not necessarily a public performance. For instance, it can be a studio performance, which is governed by copyright because this fixation is intended for commercial exploitation.
1
Communication Right
It regulates the realisation of Communications of works, including wire or wireless means and those realised from a place and at a time individually selected. This right is concretised into Broadcasting Right, when the communication is massive, and Make Available Right, when the communication is individually chosen.
1
1
1
The economic rights are related to the productive and commercial aspects of copyright.
1
Economic Rights
1
Distribute temporarily with a significant economic value exchange. There is a duration and some economic transfer condition.
Rent
An event in which a party makes known the terms on which an agreement may be made.
Offer
Copy
This action is formally known as Reproduce. However, it is commonly referred to as Copy. Copies have been traditionally the basic medium for Work commercialisation. They are produced from a Manifestation, from a Fixation of a Performance or from another Instance. The result is an Instance that is the item employed for the physical commercialisation of works, i.e. when a physical item is used as the vehicle to make the Work arrive to its consumers.
1
1
RULE:
(∀c:Copy)
((∃!o:CreationObject)(∃!i:Instance)
(theme(c,o)∧result(c,i))
→
isInstanceOf(i,o))
Attribution Right
The right to claim authorship of the work.
Lend
1
Distribute temporarily without a significant economic value exchange. There is a duration but there is not an economic transfer condition.
Translation Right
Instance
A copy of a creation object produced for commersialisation, a product.
International identification schemes for manifestations: EAN13 (European Article Number) or UPC (Universal Product Code).
Examples: a CD of The Magic Flute or a DVD of Les Misérables.
Sound Recording Right
Users Rights
End-users have some special permissions that grant them the possibility to perform some actions otherwise forbidden by copyright, although this does not mean that the user must pay a compensation if they are exercises, e.g. levies on digital recording equipment and media. These exceptions to copyright should be considered as end-user privileges and not rights. However, some of them are referred to as rights, e.g. the right to quote. Moreover, they are modelled as rights in this conceptualisation in order to build a more homogeneous model.
Agreement
An event in which a written or unwritten accord is made between two or more parties.
Distribution Right
It regulates actions geared to distribute previously made copies incorporated in tangible articles. The ownership of the corresponding physical support can be transferred permanently, i.e. the distribute act is a sale, or just temporally, i.e. a rent if there is a significant economic compensation or a loan if not.
1
1
1
This is the action that consumes the communication of a MakeAvailable, i.e. an InteractiveCommunication. Consequently, it is an interactive action from the point of view of the consumer, who is able to determine the time line of the content. Usually, the content is consumed from its beginning and from the time point when the content is accessed. Moreover, the user is usually free to pause, resume, forward and rewind the content. However, all these issues are specific to the technological means used to make the content available, e.g. internet video on-demand streamers. It is important to note that this same features can be enjoyed with non-interactive communications but a recording system at the consumers place is then required.
Access
0
1
Natural Person
Parody Right
To use for parody and caricature.
Importation Right
Some copyright laws include a right to control importation of copies as a means of preventing erosion of the principle of territoriality of copyright.
1
Broadcasted Communication
Broadcasting Right
Copyright
Process
1
1
This verb includes any communication to the public of the originals or copies of works, including wire or wireless means and "the making available to the public of works in a way that the members of the public may access the work from a place and at a time individually chosen by them". The quoted expression covers, in particular, on-demand interactive communication through the Internet. On the contrary to Perform, this action just covers all communication to the public not present at the place where the communication originates.
Communicate
1
1
Communication Medium
The medium used for a Communicate.
Rental Right
Recording Communicate
A Communicate of a previous recording.
Withdrawal Right
The right to withdraw the work.
Broadcasters have exclusive Broadcasting, Fixation and Reproduction Rights over their broadcasts. Here broadcasting of a broadcast is understood as re-broadcasting. Re-broadcasting is either simultaneous transmission of a broadcast of a program being received from another source or a new deferred broadcast of a formerly recorded program transmitted or received earlier. These rights must be considered in addition to the rights of copyright owners when applicable.
Broadcasters Rights
Interactive Communication
Give
The ownership of the corresponding physical support is transferred permanently, there is not a duration. Moreover, there is not an economic transfer condition as the ownership is transferred without any economic counterpart.
0
Making Available Right
A resource that is not changed by an event.
Example: [The key] opened the door.
instrument
consequence
The involuntary goal of an action.
Example: The player missed [to hit the ball].
The involuntary initiator of an event.
Example: [The tree] produced new leaves.
effector
The initial cause of an event.
Example: The airplane fell due to [a malfunction].
reason
result
An inanimate goal of an event.
Example: Eric built a [house].
is performance of
has fixation
experiencer
An active animate goal of an experience.
Example: [Yojo] sees the fish.
destination
A goal of a spatial process.
Example: Bob went to [Danbury].
A resource of a temporal process.
Example: The truck was serviced for [5 hours].
duration
medium
A physical resource for transmitting information, such as the sound of speech or the electromagnetic signals that transmit data.
Example: Bill told Boris by [phone].
A participant that determines the direction of the process from the end (Determinant/Product).
goal
has direct part
has communication
agent
The voluntary initiator of an event.
Example: [Eve] bit an apple.
has instance
is direct part of directly
A spatial resource.
Example: The pizza was shipped via [Albany and Buffalo].
path
time
A temporal essential participant.
Example: [At 5:25 PM], Erin left.
An essential participant that may be moved, said, or experienced, but is not structurally changed.
Example: Billy likes [the Beer].
theme
has manifestation
origin
A passive determinant source.
Example: The chapter begins on [page 20].
is communication of
is derivation of
has derivation
initiator
A participant that determines the direction of the process from the beginning (Determinant/Source).
An animate goal of an event.
Example: Sue sent the gift to [Bob].
recipient
A participant that must be present at the beginning of the process, but not necessarily through it, and does not actively control what happens (Immanent/Source).
resource
aim
The voluntary goal of an action.
Example: The player tries [to hit the ball].
The goal of a temporal process.
Example: Mary waited until [noon].
completion
manner
The way an event develops.
Example: The car moved [slowly].
An essential participant that undergoes some structural change as a result of the event.
Example: The cat swallowed [the canary].
patient
is manifestation of
condition
The necessary circumstance for an action.
Example: In order to see the film [you must pay the entrance].
A determinant temporal source.
Example: Bill waited from [noon] to three.
start
is fixation of
location
An spatial essential participant.
Example: Vehicles arrive at [a station].
essence
A participant that must be present at the end of the process, but not necessarily through it, and does not actively control what happens (Immanent/Product).
matter
A resource that is changed by the event.
Example: The gun was carved out of [soap].
has part
is instance of
is improvisation of
has improvisation
has performance
information
education
private
parody
legal
research