Copyright to protected works

588

1. Copyright to cinematographic works and dramatic works

a) Persons who act as directors; screenwriters; cameramen; montage-makers; music composers; art designers; studio sound, lighting and art designers; studio instrument and technical-effect designers, and persons engaged in other creative jobs in the making of cinematographic works, shall enjoy the moral rights except to publish their works or authorize other persons to publish their works;

– Persons who act as directors, playwrights, choreographers, music composers, art designers, stage sound, lighting and art designers, stage instrument and technical-effect designers, and persons engaged in other creative jobs in the making of dramatic works, shall enjoy the moral rights except to publish their works or authorize other persons to publish their works;

-b) Organizations and individuals that invest their finance and material-technical facilities in the production of cinematographic works and dramatic works shall be holders of the rights to publish their works or authorize other persons to publish their works;

c) Organizations and individuals defined in Clause  b)  are obliged to pay royalties, remunerations and other material benefits as agreed upon with the persons defined in Clause a)

2. Copyright to computer programs and compilations of data

– A computer program means a set of instructions which is expressed in form of commands, codes, diagrams or any other form and, when incorporated in a device readable to computers, capable of enabling such computers to perform a job or achieve a designated result.

Computer programs shall be protected like literary works, irrespective of whether they are expressed in form of source codes or machine codes.

– A compilation of data means a set of data selected or arranged in a creative manner and expressed in electronic form or other forms. The protection of copyright to compilations of data does not cover, and is not prejudicial to copyright to those very data.

3. Copyright to folklore or folk art works of folklore

– Folklore or folk art works mean collective  creations based on traditions of a community or individuals reflecting such community’s earnest expectations, of which the expression is appropriate to its cultural and social characteristics, and its standards and values, which have been handed down by imitation or other modes. Folklore and folk art works include:

* Folk tales, lyrics and riddles;

* Folk songs and melodies;

*  Folk dances, plays, rites and games;

*  Folk art products, including graphics, paintings, sculptures, musical instruments, architectural models, and products of other folk arts expressed in whatever material form.

–  Organizations and individuals using folklore and  folk art works of folklore must refer to their sources and preserve their true values

4. Copyright to literary, artistic and scientific works

The protection of copyright to literary, artistic  and scientific works provided for in Clause 1, Article 14 of Intellectual property shall be specified by the Government.