Federated states of Micronesia Pictures

The FSMC (Code of the Federated States of Micronesia), Titel 35. Intellectual Property, Patents & Trademarks, Section I: Rights of authorship

Object of copyrights - General. Object of copyrights - Compilations and derived works. Object of copyrights - domestication. Object of Intellectual Property - Federated States of Micronesia government works. All copyrights reserved. Restriction of exclusivity - Faire use. Restriction of exclusivity - duplication by the library and archive.

Any other restrictions on exclusivity for certain works. Property of the copyrights. Property of copyrights as opposed to property of the substantive subject matter. Term of Copyrights - Works made on or after the date of entry into force. Term of Copyrights - Works that have been produced prior to their entry into force but not disclosed or protected by copyrights. Copyrights - Visuals.

Copyrights - audio carriers of audio records. Copyrights - Articles on compilations. Filing of transcripts or telephone records for the Library of the Congress of Federated States of Micronesia. Copyrights in general. Request for registering the copyrights. Registering the complaint and issuing the certification. Used in this chapter:

1. "Anonymous work" means a work on a copy or phonogram in which no individual is named as the originator. 2. "Prosecutor General's Office" means the Office of the Prosecutor General of the National Government of the Federated States of Micronesia. 6. "Copies" are physical items, with the exception of phonograms, in which a work is defined by any means and from which it can be directly or by means of a piece of equipment observed, copied or otherwise transmitted.

7. "Court" means the process or appeal department of the Supreme Tribunal of the Federated States of Micronesia. {{8} Created: When a work is "created" for the first in a copy or sound carrier. 12. The term'literary works' means works other than audio-visual works in words, numbers or other spoken or numeric signs or signs, whatever the type of physical object, such as a book, magazine, manuscript, phonogram, movie, tape or map in which they are contained.

Performing " a work means reciting, playing, playing, dancing or acting it, either directly or with the aid of a piece of equipment or, in the case of a film or other audio-visual work, showing its pictures in any order or making the sound that accompanies it hear. Disclosure " means the dissemination to the general public of a copy or phonogram of a work by means of sales or other transfers of title or by means of renting, leasing or lend.

An offer to redistribute a copy or sound carrier to a group of people for the purpose of dissemination, presentation to the general public or reproduction to the general public shall constitute a work. Object of copyrights - General. 1. In accordance with this section, copyrights shall be protected by means of authentic works of the author, defined in any concrete means of communication from which they may be directly or by means of a means of perception, reproduction or other means of communication.

Under no circumstances shall the copyrights of an originator work protected by copyrights cover an invention, proceeding, lawsuit, system, working practice, design, principle or invention, regardless of the way in which it is described, declared, represented, illustrated work. Object of copyrights - Compilations and derived works.

1. The object of copyrights within the meaning of 102 of this section shall include compositions and derived works, but no part of the work in which such work has been used illegally shall be protected for a work that uses existing works in which the copyrights exist. 2. Copyrights to a composition or derived work shall be limited to the work' s own contribution, which differs from the work' s use, and shall not confer exclusively rights to the existing work.

Copyrights to such work are not limited or extended, regardless of the extent, length, ownership or interest of that work. Object of copyrights - domestication. Works referred to in paragraphs 102 and 103 of this section are not published but are protected by this section irrespective of the author's nationality claim.

Works referred to in paragraphs 102 and 103 of this section shall, when made public, be protected by this chapter: When the President of the Federated States of Micronesia determines that a particular alien country covers works by writers who are citizens or domiciles of the Federated States of Micronesia, or works first made public in the Federated States of Micronesia,

to protect copyrights essentially on the same terms as the foreigner protects works of his own citizens and domiciles and works first made public in that country, the President may, by means of a declaration, expand the scope of those protections under this Title to works of which one or more of the author (s) are a citizen or domicile of that country at the time of their first publicity.

Such proclamations may be revised, suspended or revoked by the President or terms or restrictions of such proclamations may be imposed. Object of Intellectual Property - Federated States of Micronesia government works. Intellectual property rights under this section do not apply to works of the Federated States of Micronesia, but the Federated States of Micronesia are not prevented from obtaining and possessing intellectual property rights by assignation or otherwise.

All copyrights reserved. Except as provided in paragraphs 107, 108 and 109 of this section, the holder of the right of authorship under this section has the sole right to do and approve the following: Duplicate (1) the work protected by copyrights in photocopies or audio carriers; (2) create derived works on the basis of the work protected by copyrights; (3) sell or otherwise assign copyrights or otherwise assign copyrights, or rent, loan or loan them to the general public; and (3) make available to the general public a copy or audio carrier of the work protected bycopyrights; and

In the case of works of literature, music, drama and choreography, mime, painting, graphics or sculpture, whether single frames of a cinematographic or other audio-visual work, to exhibit the work protected by intellectual property or not. Restriction of exclusivity - Faire use. Without prejudice to the terms of Section 106 of this Section, use of a work protected by copyrights, whether by copying, sound recording or other means referred to in this Section, for any purpose such as critique, commentary, newscasting, instruction (including more than one copy for educational purposes), fellowships or research, does not constitute a violation of copyrights.

Restriction of exclusivity - duplication by libaries and archive. Without prejudice to the terms of Section 106 of this section, it is not an infringing upon the copyrights of any book or archive to copy or perform more than one recording under the terms of this section if: The duplication or dissemination takes place without either immediate or implicit economic benefit; (3) the duplication or dissemination of the work contains a mention of copyrights.

Legislative provision on the Library of the Congress of the Federated States of Micronesia can be found in Section 5 of Titel 40 (Education). Any other restrictions on exclusivity for certain works. Any other restrictions on sole right to certain works or exceptions to certain productions and exhibitions may be imposed by the Prosecutor General in accordance with the terms and conditions set out in paragraphs 107 and 108 of this section.

Property of the copyrights. Principal property. Copyrights to a work covered by this section are first held by the writer or writers of the work. Writers of a collaborative work are co-owners of the work. For a commissioned work, the contractor is deemed to be the originator within the meaning of this section and, unless the contracting partners have explicitly stated otherwise in a document to which they have subscribed, holds all the copyrights contained in the copyrights.

Copyrights to each individual article in a compilation differ from copyrights to the complete work and are first held by the authors of the article. Failing an explicit assignment of the right or the right thereto, it is assumed that the holder of the right to the joint work has only been privileged to reproduce and distribute the work as part of that particular joint work, a reworking of that joint work and a subsequent joint work in the same one.

Principal (4) Passing of title. a) Title to a copyrighted work may be assigned in whole or in part by assignment or by statute or bequeath by will, provided that, in the absence of the aforementioned means of assignment, the title to a copyrighted work is assigned as individual title by the practices of the country in which the proprietor resides.

and a sub-division of one of the interests referred to in Section 106 of this Section, may be assigned pursuant to Section (a) of this Subpart and is separate property. Under this right, the holder of a specific sole right shall be eligible for all intellectual property and legal redress granted to the holder of the copyrights under this part.

Proprietary right in contrast to proprietary right to the subject matter. Title to a right of authorship or to one of the sole copyrights differs from title to a tangible asset in which the work is made. The assignment of title to a tangible asset, as well as the copy or phonogram in which the work is first recorded, does not in itself confer any right to the work protected by the copyrights represented in the work, nor, if no agreements have been made, the assignment of title to a copyrighthood or to an exclusive right under a copyrightholder right conferring title to a tangible asset.

1. Any assignment of the right to copy or any other instrument relating to a right to copy may be registered with the Public Prosecutor's Office if the instrument submitted for registration is actually inscribed by the party who has carried it out, or if it is supported by a certified or authenticated certificate that it is a genuine copy of the authentic work.

2. The recording of a docu-ment at the Prosecutor General's Office shall give all individuals a positive communication of the facts set out in the documented dossier, but only if: b) the work has been registered. Intellectual property rights - works made on or after the date of entry into force. 1. A work which is the subject of copyrights established on or after the date of entry into force of the act consolidated in this Chapters shall exist from the date of its inception and shall continue for 50 years after the date of the author's death, except as provided for in the following paragraphs.

2. In the case of a collaborative work by two or more writers who have not worked for rental, the copyrights shall be valid for a period of 50 years after the last remaining author's date of deaths. 3. In the case of anonymous work, pseudonym work or rented work, the right of authorship shall be valid for a period of 75 years from the year of its first disclosure or for a period of 100 years from the year of its production, whichever is later.

If before the expiry of this period the identification of one or more originators of anonymous or pseudonym works is disclosed in the recordings of a recording made for this work, the copyrights to the work shall apply for the period specified in paragraphs (1) and (2) of this section.

Period of Copyrights - Works that have been produced prior to their entry into force but not disclosed or protected by copyrights. Copyrights in works which have been produced before the date of entry into force of the act consolidated in this Chapters but which are not publicly accessible or protected by intellectual property rights shall exist from the date of entry into force of the act consolidated in this Chapters and shall be valid for the period provided for in Section 113 of this Chapters.

Copyrights - Visuals. 1. Where a work covered by this section is made public in the Federated States of Micronesia or elsewhere by the authoritative power of the holder of the copyright, a reference to the right of authorship in accordance with this section shall appear on all public distribution photocopies of which the work may be visual.

2. The reference to the copy shall comprise the following three elements: a) the icon (the character C in the circle) or the words "Copyright" or the acronym " Copr."; (c) the name of the holder of the copyrighted work or an acronym identifying the name, or a generally known alternate name of the holder.

3. The reference shall be made on the copy in such a way that the right to intellectual property rights is properly registered. Copyrights - audio carriers of audio records. 1. Where a phonogram covered by this section is made public in the Federated States of Micronesia or elsewhere by the holder of the copyrights, a mention of the copyrights shall be made on all the phonograms of the phonogram which are public.

2. The information on the telephone records shall comprise the following three elements: a) the icon a ( (the character A in a circle); (c) the name of the holder of the audio record copyrights. 3. The information shall be affixed to the recorded medium or to the record carrier sticker or receptacle in such a way that the right to authorship is appropriately noted.

Copyrights - Articles on compilations. One reference to the complete work is enough to meet the provisions of 115 and 116 of this section, irrespective of whether the articles are protected by copyrights and whether they were previously made public or not; provided that the copyrights of the proprietor of a separately written article, which does not carry its own reference, are not affected.

Filing of transcripts or telephone records for the Library of the Congress of Federated States of Micronesia. 1. Except as provided in this Section, the holder of the right to publish, or the right to publish exclusively, a work which has been made public in the Federated States of Micronesia with reference to the right to publish, shall file it within four month of the date of publication:

b ) if the work is a single audio record, two full phonor records of the best number. 2. The necessary documents or telephone records shall be lodged with the Public Prosecutor's Office for the use or disposal of the Library of the Congress of the Federated States of Micronesia. Legislative regulations concerning the Library of the Congress of the Federated States of Micronesia can be found in Section 5 of Titel 40 (Education).

Copyrights in general. During the existence of copyrights to a work, whether public or private, the holder of the copyrights or an interest in the work may at any moment obtain the right to register the copyrights by handing over to the Public Prosecutor's Office the necessary down money and against full consideration of the fees stipulated in the Law.

Prosecutor General prescribes the materials filed for recording in a set of bylaws. Request for registering the copyrights. Applications for copyrights must be made on a filing system required by the Attorney General and must contain all information required by law. Registering the complaint and issuing the certification.

1. If, after verification, the Prosecutor General finds that the filed materials are copyrighted under the terms of this section and that the statutory conditions of this section are satisfied, he shall be required to record the right and to provide the claimant with a certification of incorporation under the Prosecutor³s authority?s authority.

It shall contain the information contained in the request and the number and date of entry into force of the inscription. 2. In any case where the Prosecutor General finds that the filed materials do not qualify as copyrighted works under the terms of this section or that the right is void for any other cause, he shall reject the recording and inform the claimant in a written statement of the grounds for the rejection.

Any party who breaches any of the sole copyrights set forth in this section is a copyrighted party and is liable: to ( ) to a preliminary injunction limiting such violation; () to compensate the holder of the copyrights for penalties if ordered by the courts. Anyone who intentionally and for the purposes of economic benefit or personal profit breaches a copyrighted work will be punished with a fine of $10,000 or imprisonment of no more than one year or both.

2. Where a sentencing is given to a defendant for an infringement pursuant to paragraph (1) of this Section, the tribunal may, in its sentence, in supplement to the sentence provided for therein, order the acquittal, cancellation or other disposal of any violating copy or phonogram or device used in the making of such violating copy or phonogram.

3. Anyone who fraudulently includes on an item a reference to copyrights or words of the same nature that that individual knows to be infringing, or who fraudulently introduces an item with such a reference or work that the individual knows to be infringing, published or for publication, shall be subject to a fine of no more than $2,500.

Anyone who fraudulently deems to remove or alter a credit on a copy of a work protected by copyrights will be subject to a fine of no more than $2,500. Anyone who deliberately misrepresents a substantive fact in an intellectual property right request or in a letter of submission in relation to the request will be subject to a fine of no more than $2,500.

Until the President of the Federated States of Micronesia sets up his own copyright office inside or outside the Prosecutor General's Office by order of administration, the Prosecutor General shall perform all the administrative tasks and obligations under this section. 3. The Prosecutor-General shall establish and maintain a record of all contributions, registrations, recordings and other activity as requested by this Section or the provisions adopted thereafter.

4. The Public Prosecutor's Office shall draw up and make public each year catalogues of all applications for copyrights. Prosecutor General's Office is established in 2 SEC 204(1). Prosecutor-General shall have the power to make arrangements which do not conflict with this section. 1. The charges for registering, registering, issuing the attestation and other provision of service shall be laid down in the rules adopted by the Prosecutor-General.

The Prosecutor General shall file all charges in the General Fund of the Federated States of Micronesia.