A/HRC/28/57 C. Overview of domestic copyright laws 20. Within the boundaries set by international treaties, States retain the discretion to adopt their own copyright laws. The present section summarizes the basic common points found in national copyright regimes. 21. Copyright or “authors’ rights”7 applies to all literary, artistic and scientific works: from newspapers to books, blogs, music, dance, paintings, sculptures, movies, scientific articles and computer software. Copyright restricts the ability of third parties to use copyrighted works without securing permission from the copyright holder. Of note, copyright does not provide any ownership over facts, ideas and news, although a unique expression of such material would enjoy protection from copying of its unique expressive elements. Because a copyright may be bought and sold, the copyright holder may be a party other than the original author, such as a publisher. Copyright protection is thus fundamental to the system of licensing and payment for access to creative works that drive various cultural industries. 22. Copyright laws prohibit much more than literal copying. It is generally also illegal to translate, publicly perform, distribute, adapt or modify a copyrighted work without permission. For example, rearranging a piece of music in a new style, translating a poem into a new language, or converting a book into a play, would all be considered copyright infringements. Even when the second author contributes substantial new creativity, the reuse or adaptation of a prior work generally requires a licence from the copyright holder. The broad scope of those laws enables copyright holders to monetize a wide variety of uses and to prevent adaptations they find objectionable. Consequently, the creative freedom of other artists to build upon and adapt existing cultural works may become dependent upon their ability to pay a licensing fee. 23. Partly in response to that concern, copyright laws also incorporate exceptions and limitations, which preserve the freedom of other artists and the general public to use copyrighted works in certain ways without the copyright holder’s permission. National practices regarding copyright exceptions and limitations vary significantly. Nearly every country utilizes a list of specific, narrowly defined exceptions and limitations. The most common example is an exception or limitation permitting an author or publisher to quote small portions of another work in commentaries. Other examples may include permitting consumers to make a backup copy of personal software, permitting teachers to make copies of material for classroom use or permitting libraries to make copies for archiving and preservation. In addition to specifically defined exceptions, some common-law countries also employ a broad and flexible exception, which may be known as “fair use.” 24. Copyright protection applies automatically, as soon as an author creates a work, with duration varying in different countries and according to the type of work. International treaties generally require member States to guarantee the duration of copyright protection for at least the author’s lifetime plus an additional 50 years after his/her death to the benefit of the author’s heirs or the purchaser of the copyright. 8 Some countries have accorded copyright protection for 70, 80 or even 99 years after the creator’s demise. Consequently, copyright protection often adheres for more than a century. Once that period expires, the creative work enters the public domain for use by anyone without a licence. 7 8 6 The present report follows the usage of the TRIPS Agreement in using the term “copyright” to encompass all such national regimes, regardless of their domestic labels. Berne Convention, art. 7; TRIPS Agreement, arts. 9, para. 1, and 12.