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Author: Luke TheGreat, Foo Fighters, The Musica, Lyon
Sponsor: N/A
Type: Bill
A
Bill
To
Establish Copyright Protections
Preamble: The purpose of this act is to establish protections for the creators of literary, dramatic, musical, artistic works (including technical drawings and designs), sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used.
1 - Definitions
(a) “Fixed” defined as anything existing within the confines of Azalea or with the discord of Azalea (including personal discords that directly pertain to the nation of Azalea.
(b) “Intellectual Property” any piece of work that would be covered by copyright: creations of literary, dramatic, musical, artistic works (including architectural designs and other designs including redstone creations), sound recordings, broadcasts, films and typographical arrangement of published editions.
(c) “Death” shall be defined as within 3.a of the Inheritance and Succession Act.
(d) “Copyright infringement" shall be defined as the act of breaching the copyright of another person, company or corporation without their written consent to do so.
(e) “Publicly existing media” shall be defined as anything that is publicly accessible within reason including but not limited to that within the borders of Azalea isle.
(f) “MEA” shall be recognised as an acronym for the Azalean Ministry of Economic Affairs.
2 - When Rights Occur
(a) A literary, dramatic, musical and artistic work must comply with the criteria of originality, i.e. the work must originate from its author and must not be copied from another work. This does not mean that the work must be the expression of original or inventive thought; the originality required relates to the expression of the thought and is not a subjective test regarding the ‘artistic’ originality or novelty. The standard of originality is whether the work in question is the “author’s own intellectual creation”.
(i) The work must be fixed, i.e. recorded in writing or in some other material form.
(ii) The work must be created and originate from within Azalea either via a company, corporation or a person.
(b) Names, titles, short phrases and colours are not considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements will be.
3. Registration of copyright
(a) Copyright subsists automatically for all intellectual property.
(b) Persons, companies or corporations may elect to officially register the copyright of a certain intellectual property via the Ministry of Economic Affairs.
4. Transfer of copyright
(a) For copyright to be legally transferable it must be officially registered. There shall be four types of copyright transfers;
(i) Transfer upon death: this will be an automatic transfer made upon the “death” of a citizen to either a named person in their will or a surviving member of their family of closest descent. Should neither be possible after 30 days all relevant shall be automatically placed into the public domain (a.iii).
(ii)Transfer upon purchase, any piece of copyright may be transfer-able from one person, corporation or company to another as long as it is done so via contracts which are traceable and provable.
(iii)Transfer into the public domain, this is an official renouncement of the copyright ownership and the transfer of the ownership and use case to all Azaleans and subsequent companies and corporations.
(iv) Transfer to Parliament, all published bills and otherwise works published or done in association with the Parliament of Azalea, will automatically be transferred into the ownership of the parliament under the the requirement that the original author is named, in all relevant documents pertaining and including the work. The parliament may not sell any work that comes under parliamentary copyright unless under the authorisation of the original owner who must also receive 75% royalty on the sale.
5. Nullification and ownership disputation of copyright
(a) In order to nullify or claim ownership of an existing copyright claim a linear process shall be followed:
(i) A person, company or otherwise, may contact the MEA with the grounds for their copyright dispute. If the copyright claim is owned by either the minister or deputy minister of the MEA this step shall be skipped. Reasonable ground to dispute may be but not limited to as follows:
(i.1) A piece of existing publicly available media containing the copyrighted intellectual property from before the creation of the item/article by the current copyright owner.
(i.2) An existing physical version of the likeness from before the copyright was created.
(ii) Should either the Minister or Deputy Minister be able to prove the points raised as exact and true they may annul or transfer the copyright to the true owner, after a 7 day notification and appeal period be completed.
(iii) Should the decision be non-conclusive or the decision be appealed the decision shall be raised to a panel of up to 5 but no less than 3 members of the MEA, should the minimum not be reached other ministers or deputy ministers may be asked to join the panel and conclude of the dispute. This process may be appealed once.
(iv) Should the decision be further appealed the case shall be handed over to the courts.
(b) Upon the decision of the copyright dispute be made in the favour of either side they may open a copyright infringement case if relevant, should the ruling be made based on the work being publicly accessible media the relevant party disputing the copyright may sue for articles (7.b.iv) and (7.c).
7. Copyright infringement and other penalties
(a) All cases of copyright infringement shall be processed and filed through the courts as civil lawsuits unless copyright is held by the Parliament of Azalea. A copyright does not need to be officially registered in order for copyright infringement to occur but is greatly encouraged for it to be.
(b) For the crime of copyright infringement the following punishments may be levied based on relevance to the given type of copyright infringement and severity:
(b.i) A fine/reparation of the sum total of all income gained by the infringing articles.
(b.ii) When a building is concerned one of the following two options may be used on top of any other charges;
(b.ii.1) A reparation of the reasonable value for the design of infringed copyright should the copyright holder choose.
(b.iii.2) Otherwise a demolition order may be given for all infringing parts of the building to be enforced by the Ministry of Urban Development within 7 days with a fine levied upon the infringer for the cost of demolition.
(b.iii) Additional reparations may be asked for or ordered in the circumstance of egregious violations of a copyright, or in such a situation as direct financial gain from the copyright infringement cannot be proven.
(b.iv) Any and all legal fees due to the given case of copyright infringement may also be requested.
(c) Disruption of access, in such a case as public media is copyrighted wrongfully the disputer of the copyright claim may request reparations based on being stopped from potentially or otherwise accessing and using said articles. Reparations amount may be advised but the final amount may only be chosen by the judge as is seen fit considering all factors.
Enactment: This Act comes into force immediately upon passage
Sponsor: N/A
Type: Bill
A
Bill
To
Establish Copyright Protections
Preamble: The purpose of this act is to establish protections for the creators of literary, dramatic, musical, artistic works (including technical drawings and designs), sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used.
1 - Definitions
(a) “Fixed” defined as anything existing within the confines of Azalea or with the discord of Azalea (including personal discords that directly pertain to the nation of Azalea.
(b) “Intellectual Property” any piece of work that would be covered by copyright: creations of literary, dramatic, musical, artistic works (including architectural designs and other designs including redstone creations), sound recordings, broadcasts, films and typographical arrangement of published editions.
(c) “Death” shall be defined as within 3.a of the Inheritance and Succession Act.
(d) “Copyright infringement" shall be defined as the act of breaching the copyright of another person, company or corporation without their written consent to do so.
(e) “Publicly existing media” shall be defined as anything that is publicly accessible within reason including but not limited to that within the borders of Azalea isle.
(f) “MEA” shall be recognised as an acronym for the Azalean Ministry of Economic Affairs.
2 - When Rights Occur
(a) A literary, dramatic, musical and artistic work must comply with the criteria of originality, i.e. the work must originate from its author and must not be copied from another work. This does not mean that the work must be the expression of original or inventive thought; the originality required relates to the expression of the thought and is not a subjective test regarding the ‘artistic’ originality or novelty. The standard of originality is whether the work in question is the “author’s own intellectual creation”.
(i) The work must be fixed, i.e. recorded in writing or in some other material form.
(ii) The work must be created and originate from within Azalea either via a company, corporation or a person.
(b) Names, titles, short phrases and colours are not considered unique or substantial enough to be covered, but a creation, such as a logo, that combines these elements will be.
3. Registration of copyright
(a) Copyright subsists automatically for all intellectual property.
(b) Persons, companies or corporations may elect to officially register the copyright of a certain intellectual property via the Ministry of Economic Affairs.
4. Transfer of copyright
(a) For copyright to be legally transferable it must be officially registered. There shall be four types of copyright transfers;
(i) Transfer upon death: this will be an automatic transfer made upon the “death” of a citizen to either a named person in their will or a surviving member of their family of closest descent. Should neither be possible after 30 days all relevant shall be automatically placed into the public domain (a.iii).
(ii)Transfer upon purchase, any piece of copyright may be transfer-able from one person, corporation or company to another as long as it is done so via contracts which are traceable and provable.
(iii)Transfer into the public domain, this is an official renouncement of the copyright ownership and the transfer of the ownership and use case to all Azaleans and subsequent companies and corporations.
(iv) Transfer to Parliament, all published bills and otherwise works published or done in association with the Parliament of Azalea, will automatically be transferred into the ownership of the parliament under the the requirement that the original author is named, in all relevant documents pertaining and including the work. The parliament may not sell any work that comes under parliamentary copyright unless under the authorisation of the original owner who must also receive 75% royalty on the sale.
5. Nullification and ownership disputation of copyright
(a) In order to nullify or claim ownership of an existing copyright claim a linear process shall be followed:
(i) A person, company or otherwise, may contact the MEA with the grounds for their copyright dispute. If the copyright claim is owned by either the minister or deputy minister of the MEA this step shall be skipped. Reasonable ground to dispute may be but not limited to as follows:
(i.1) A piece of existing publicly available media containing the copyrighted intellectual property from before the creation of the item/article by the current copyright owner.
(i.2) An existing physical version of the likeness from before the copyright was created.
(ii) Should either the Minister or Deputy Minister be able to prove the points raised as exact and true they may annul or transfer the copyright to the true owner, after a 7 day notification and appeal period be completed.
(iii) Should the decision be non-conclusive or the decision be appealed the decision shall be raised to a panel of up to 5 but no less than 3 members of the MEA, should the minimum not be reached other ministers or deputy ministers may be asked to join the panel and conclude of the dispute. This process may be appealed once.
(iv) Should the decision be further appealed the case shall be handed over to the courts.
(b) Upon the decision of the copyright dispute be made in the favour of either side they may open a copyright infringement case if relevant, should the ruling be made based on the work being publicly accessible media the relevant party disputing the copyright may sue for articles (7.b.iv) and (7.c).
7. Copyright infringement and other penalties
(a) All cases of copyright infringement shall be processed and filed through the courts as civil lawsuits unless copyright is held by the Parliament of Azalea. A copyright does not need to be officially registered in order for copyright infringement to occur but is greatly encouraged for it to be.
(b) For the crime of copyright infringement the following punishments may be levied based on relevance to the given type of copyright infringement and severity:
(b.i) A fine/reparation of the sum total of all income gained by the infringing articles.
(b.ii) When a building is concerned one of the following two options may be used on top of any other charges;
(b.ii.1) A reparation of the reasonable value for the design of infringed copyright should the copyright holder choose.
(b.iii.2) Otherwise a demolition order may be given for all infringing parts of the building to be enforced by the Ministry of Urban Development within 7 days with a fine levied upon the infringer for the cost of demolition.
(b.iii) Additional reparations may be asked for or ordered in the circumstance of egregious violations of a copyright, or in such a situation as direct financial gain from the copyright infringement cannot be proven.
(b.iv) Any and all legal fees due to the given case of copyright infringement may also be requested.
(c) Disruption of access, in such a case as public media is copyrighted wrongfully the disputer of the copyright claim may request reparations based on being stopped from potentially or otherwise accessing and using said articles. Reparations amount may be advised but the final amount may only be chosen by the judge as is seen fit considering all factors.
Enactment: This Act comes into force immediately upon passage