What is a copyrights?

Copyright is the exclusive right to copy a creative work or allow someone else to do so. It includes the sole right to publish, produce or reproduce, to perform in public, to communicate a work to the public by telecommunication, to translate a work, and in some cases, to rent the work.

What is protected by copyright?

The kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers, and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs, and sculpture; architecture; and advertisements, maps, and technical drawings.

What is not protected by copyright?

Any idea, procedure, system, method of operation, concept, principle, discovery or mere data whether expressed, described, explained, illustrated or embodied in a work.

What rights does copyright provide?

The creators of original works protected by copyright, and their heirs, have certain basic rights. They hold the exclusive right to use or authorize others to use the work on agreed terms. There are two categories of rights; moral and economic rights. The creator of a work can prohibit or authorize:

Many creative works protected by copyright require mass distribution, communication, and financial investment, for their dissemination (for example, publications, sound recordings, and films); hence, creators often sell the right to their work to individuals or companies best able to market the works in return for payment. These payments are often made dependent on the actual use of the work, and are referred to as royalties. In PNG these economic rights have a time limit, of 50 years after the creator's death.

Copyright protection also includes moral rights, which involve the right to claim authorship of a work, and the right to oppose changes to it that could harm the creator's reputation.

The creator or the owner of the copyright in a work can enforce their rights through injunctive relief, criminal or civil sanctions in the courts.

How long does copyright last?

In PNG copyright lasts for the life of the author plus 50 years after his death.

Why protect copyright?

Copyright and related/neighboring rights are essential to human creativity, by giving creators incentives in the form of recognition and fair economic rewards. Under this system of rights, creators are assured that their works can be disseminated without fear of unauthorized copying or piracy. This in turn helps increase access to and enhances the employment of culture, knowledge, and entertainment all over the world.

How do I obtain copyright?

Copyright is acquired automatically when you create an original work or other subject matter. Since copyright is granted automatically upon creation you are not required by law to file an application to protect your copyright works.

Do I need to mark my work with a copyright notice?

Not necessarily. However, it may be an effective way of warning potential infringers and the general public that the work is protected by copyright law.

What is a copyright infringement?

It is the unlawful use of copyright material.

What is plagiarism?

Passing off someone else's work as your own – and is a form of infringement.

What is fair use?

It is the use or reproduction of a work for private study, research, criticism, review or news reporting.

Will the copyright office prevent others from infringing my rights?

No, the responsibility for policing your own copyright rests with you since copyright like any other property is a private right.

Can libraries or educational institutions make multiple copies of parts of books or articles for student use?

No, the making of multiple copies requires the consent of the copyright owner. The consent may be obtained through a licensing agreement the copyright owner or his/her representative/agent. However, PNG copyright law allows making of single copies or parts of the work for private study or research and or replacing a damaged or old copy. Such copying must be minimal.

Is my copyright valid in a foreign country?

Yes, as long as the country in question belongs to an international treaty or convention which PNG is a member of, for instance the World Trade Organisation (WTO).

Is the copyright of a foreign author valid in PNG?

Yes, based on international treaties and conventions which PNG is a member of. Under the World Trade Organization's (WTO) Agreement on Trade Related Aspects of Intellectual Property Rights (or TRIPS Agreement) member economies are required to accord the same treatment it applies to its national to that of nationals of other member economies.

What is the difference between an assignment and a license?

An assignment is a transfer of ownership of the copyright from one party to another. A license is a contract that, for specific purposes, allows someone to use a work temporarily.

How has copyright kept up with advances in technology?

The field of copyright and related/neighboring rights has expanded enormously with the technological progress of the last decades, which has brought new ways of spreading creations by such forms of worldwide communication as satellite broadcast and compact discs.

Dissemination of works via the Internet is but the latest development which raises new questions concerning copyright, WIPO (World Intellectual Property Organization) is deeply involved in the ongoing international debate to shape new standards for copyright protection in cyberspace.

The organization administers the WIPO Copyright Treaty and the WIPO Performance and Phonogram Treaty (often known together as the "Internet Treaty"), which set down international norms aimed at preventing unauthorized access to and use of creative works on the Internet or other digital networks.

PNG is yet to be a member of these two treaties.

What is Neighbouring Rights?

Neighboring rights or related rights has rapidly developed over the last 50 years. These rights grew up around copyright works, and are similar, although often are more limited and of a shorter duration. These rights relate to:

Copyright itself does not depend on official procedures. A created work is considered protected by copyright as soon as it exists. However, many countries have a national copyright office and some laws allow for registration of works for the purposes of, for example, identifying and distinguishing titles of works.

What are Collective Management Organizations?

Collective Management Organisations (CMOs) are non profit organizations established by copyright owners/creators to pursue their interest. Many owners of creative works do not have the means to pursue the legal and administrative enforcement of copyright, especially given the increasingly worldwide use of literary, musical, and performance rights. As a result, the establishment of collective management organizations or societies is a growing trend in many countries. These societies can provide members the benefits of the organization's administrative and legal expertise in, for example, collecting, managing, and disbursing royalties gained from international use of a member's work.

PNG has no collective management organizations. However, consideration has been given to have CMOs established in the country under the Copyright and Neighbouring Rights Act 2000 which is currently now undergoing review.