Authors' rights

It is common to draw a distinction in the treatment of authors and other interested parties between common law jurisdictions and civil law systems. Both copyright and authors' rights arose in the eighteenth century to address similar problems: the inequality in relations between authors and publishers (and between publishers themselves) if intellectual property is not recognized and protected, and the need to provide an income for authors other than patronage. Both systems provide for a monopoly right granted to the author for a limited term which can be transferred to another person, which was initially the right to copy or otherwise reproduce the work (hence "copyright") but has since been expanded to take account of technological developments. It is an essential feature of authors' rights and of many copyright laws that the object which is protected must arise from the creativity of the author rather than from their simple effort or investment (see Feist v. Rural in the United States): both French and German copyright laws protect "works of the mind" (''oeuvres de l'esprit and persönliche geistige Schöpfungen'', respectively). This has led civil law systems to adopt a strong link between the rights (at least initially) and the person of the author: the initial ownership rights by a corporation are severely restricted or even impossible (as in Germany). Common law jurisdictions are more willing to accept corporate ownership of copyright, as in the U. S. work for hire principle. Although the following comparison is simplistic and dependent on the exact laws of individual countries, it is difficult to see an effective (economic) difference in the two situations: • Common law: employer owns the copyright in work created by employees • Civil law: employer enjoys an exclusive licence to the economic rights in work created by employees Civil law systems have also been forceful in protecting the moral rights of authors, arguing that their creativity deserves protection as an integral part of their personality. The protection of the personality in common law jurisdiction has for long been separate from the law of copyright, embodied in such torts as defamation (also passing off and malicious falsehood). Moral rights were not, therefore, explicitly mentioned in UK copyright law until 1988, over a century after the United Kingdom signed the Berne Convention. The difference runs both ways: UK and Irish copyright laws protect the privacy of the subject of certain photographs and films as a moral right under copyright law, while civil law systems treat this as a separate portrait right. The different protections of industrial design rights cut across the divide between the two systems of law. == Use in European Union law ==

The term "authors' rights" is used in European Union law to avoid ambiguity, in preference to the more usual translation of ''droit d'auteur'' etc. as "copyright". The equivalent term in British and Irish law is "copyright (subsisting) in a literary, dramatic, musical or artistic work"; the term in Maltese and Cypriot law is similar, except that dramatic works are treated as a subset of literary works. Germany Under a bill proposed by the government of Chancellor Angela Merkel approved by the Bundestag, Germany infringement of copyright is equivalent to the crime of theft. The prison sentences for violations of copyright, exactly equal to those provided for the theft, are five years in prison and are the strictest in Europe. Even children under 18 years may be indicted for the offence. In addition, following the judgment of 20 October 1993 on the case Phil Collins, it was launched Article 12 (in the Treaty establishing the European Community), according to which states cannot discriminate against goods from other countries. France Since October 2009, as required under the Creation and Internet law n. 311, High Authority for the dissemination of works and protection of rights on the Internet (HADOPI) may order the ISP (Internet Service Provider), following a process of investigation and a series of warnings, to temporarily or permanently suspend the 'internet access to those who are caught downloading material illegally. Italy The Italian copyright law is governed primarily by Law 22 April 1941 n. 633, on "Protection of copyright and other rights associated with its exercise," and Article 2575 and following of the Civil Code (Book Five - Title IX: Of Intellectual property rights and on industrial inventions). Article 54 L.218 / 95 states as the proprietary rights are regulated by state law to use, although the advent of the internet complicate the identification of the place where the activity was carried out. == Related (or neighbouring) rights ==

Related rights (in German verwandte Schutzrechte), often referred to as neighbouring rights as a more direct translation of the French Droit Voisins, are property rights granted to people who are not the "author" of the work in the creative sense of the term. Typically these include performers, producers of phonograms (records, CDs, etc.), producers of films (as opposed to directors or scriptwriters) and broadcasting organisations. Related rights are generally more restricted than authors' rights in civil law countries, although they may be equivalent in common law countries where both fall under the same concept of "copyright". They are not directly covered by the Berne Convention, but are internationally protected by other treaties such as the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations. ==See also==