COPYRIGHT
Copyright is a legal classification and protection that grants the creator of an original work or content exclusive rights to determine or decide whether, and under what conditions, this original work or content may be used by others _
Copyrights may also be connoted with intellectual property rights, titles or assignments. Protected under law as well as numerous international conventions and treaties, NEST® permits a range of unique content copyright protection service functions which extend to digital asset provenance, registration, NFT creation or provenance or transfer or assignment as well as confidentially enacted contractual exchange(s) pertaining to broadly defined Web3 and digital asset classes:
Copyright, Ordinance (Cap. 528 Consolidation), 27/06/1997 (1999), No. 92 (No. 95)
“ARTISTIC WORK” COVERS MEMBER CATEGORIES INCLUDING DIGITAL ASSTS ACROSS TO BODY ART (A) A GRAPHIC WORK, PHOTOGRAPH, SCULPTURE OR COLLAGE, IRRESPECTIVE OF ARTISTIC QUALITY; (B) A WORK OF ARCHITECTURE BEING A BUILDING OR A MODEL FOR A BUILDING; OR (C) A WORK OF ARTISTIC CRAFTSMANSHIP; “BUILDING” INCLUDES ANY FIXED STRUCTURE, AND A PART OF A BUILDING OR FIXED STRUCTURE;
“GRAPHIC WORK” INCLUDES (A) ANY PAINTING, DRAWING, DIAGRAM, MAP, CHART OR PLAN; AND (B) ANY ENGRAVING, ETCHING, LITHOGRAPH, WOODCUT OR SIMILAR WORK; “PHOTOGRAPH” MEANS A RECORDING OF LIGHT OR OTHER RADIATION ON ANY MEDIUM ON WHICH AN IMAGE IS PRODUCED OR FROM WHICH AN IMAGE MAY BY ANY MEANS BE PRODUCED, AND WHICH IS NOT PART OF A FILM; “SCULPTURE” INCLUDES A CAST OR MODEL MADE FOR PURPOSES OF SCULPTURE. [CF. 1988 C. 48 S. 4 U.K.]
“COMMISSIONED WORKS” REGISTERED CONTRACT CAN TRANSFER RIGHTS (1) WHERE A WORK IS MADE ON THE COMMISSION OF A PERSON AND THERE IS AN AGREEMENT BETWEEN THE AUTHOR AND THE COMMISSIONER OF THE WORK WHICH EXPRESSLY PROVIDES FOR THE ENTITLEMENT TO THE COPYRIGHT, COPYRIGHT IN THE COMMISSIONED WORK BELONGS TO THE PERSON WHO IS ENTITLED TO THE COPYRIGHT UNDER THE AGREEMENT.
“INFRINGEMENT BY MAKING AVAILABLE OF COPIES TO THE PUBLIC” NEST® IS A MEMBER ONLY, PRIVATE, DIGITAL SECURITY AND WEB3 CONTROL SOFTWARE, INFRASTRUCTURE AND PLATFORM (1) THE MAKING AVAILABLE OF COPIES OF THE WORK TO THE PUBLIC IS AN ACT RESTRICTED BY COPYRIGHT IN EVERY DESCRIPTION OF COPYRIGHT WORK… WIPO DATABASE OF INTELLECTUAL PROPERTY LEGISLATIVE TEXTS (2) REFERENCES IN THIS PART TO THE MAKING AVAILABLE OF COPIES OF A WORK TO THE PUBLIC ARE TO THE MAKING AVAILABLE OF COPIES OF THE WORK, BY WIRE OR WIRELESS MEANS, IN SUCH A WAY THAT MEMBERS OF THE PUBLIC IN MAY ACCESS THE WORK FROM A PLACE AND AT A TIME INDIVIDUALLY CHOSEN BY THEM (SUCH AS THE MAKING AVAILABLE OF COPIES OF WORKS THROUGH THE SERVICE COMMONLY KNOWN AS THE INTERNET). (3) REFERENCES IN THIS PART TO THE MAKING AVAILABLE OF COPIES OF A WORK TO THE PUBLIC INCLUDE THE MAKING AVAILABLE OF THE ORIGINAL. (4) THE MERE PROVISION OF PHYSICAL FACILITIES FOR ENABLING THE MAKING AVAILABLE OF COPIES OF WORKS TO THE PUBLIC DOES NOT OF ITSELF CONSTITUTE AN ACT OF MAKING AVAILABLE OF COPIES OF WORKS TO THE PUBLIC.
“ADVERTISEMENT OF SALE OF ARTISTIC WORK” NEST® IS ABLE TO PROMOTE MEMBER / USER CONTENT FOR AND ON BEHALF OF MEMBERS (1) IT IS NOT AN INFRINGEMENT OF COPYRIGHT IN AN ARTISTIC WORK TO COPY IT, OR TO ISSUE OR MAKE AVAILABLE COPIES TO THE PUBLIC, FOR THE PURPOSE OF ADVERTISING THE SALE OF THE WORK. (2) WHERE A COPY WHICH WOULD OTHERWISE BE AN INFRINGING COPY IS MADE IN ACCORDANCE WITH THIS SECTION BUT IS SUBSEQUENTLY DEALT WITH, THE COPY IS TREATED AS AN INFRINGING COPY FOR THE PURPOSES OF THAT DEALING IF THAT DEALING INFRINGES COPYRIGHT FOR ALL SUBSEQUENT PURPOSES. FOR THIS PURPOSE “DEALT WITH” MEANS SOLD OR LET FOR HIRE, OFFERED OR EXPOSED FOR SALE OR HIRE, EXHIBITED IN PUBLIC OR DISTRIBUTED. [CF. 1988 C. 48 S. 63 U.K.]
“REQUIREMENT THAT RIGHT BE ASSERTED” TIME STAMPED REGISTRATION PROOF THROUGH CONFIDENTIALLY HELD, INDIVIDUALLY ENCRYPTED AND HYPER-SECURED SSDID PROFILE(S) CARRYING IMMUTABLE, CODED BLOCKCHAIN AUTHENTICATION AS FROM NEST® THEREBY GENERATES SUFFICIENTLY ROBUST DOCUMENTARY EVIDENCE. NEST® FURTHER MAY ACT AS A COPYRIGHT CHECKING FACILITY AND MEDIUM FOR PRIVATELY HELD VERIFICATION + DISPLAY OF PROVENANCE AND OWNERSHIP (1) A PERSON DOES NOT INFRINGE THE RIGHT CONFERRED BY SECTION 89 (RIGHT TO BE IDENTIFIED AS AUTHOR OR DIRECTOR) BY DOING ANY OF THE ACTS MENTIONED IN THAT SECTION UNLESS THE RIGHT HAS BEEN ASSERTED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS SO AS TO BIND HIM IN RELATION TO THAT ACT. (2) THE RIGHT MAY BE ASSERTED GENERALLY, OR IN RELATION TO ANY SPECIFIED ACT OR DESCRIPTION OF ACTS— (A) ON AN ASSIGNMENT OF COPYRIGHT IN THE WORK, BY INCLUDING IN THE INSTRUMENT EFFECTING THE ASSIGNMENT A STATEMENT THAT THE AUTHOR OR DIRECTOR ASSERTS IN RELATION TO THAT WORK HIS RIGHT TO BE IDENTIFIED; OR (B) BY INSTRUMENT IN WRITING SIGNED BY THE AUTHOR OR DIRECTOR. (3) THE RIGHT MAY ALSO BE ASSERTED IN RELATION TO THE PUBLIC EXHIBITION OF AN ARTISTIC WORK— (A) BY SECURING THAT WHEN THE AUTHOR OR OTHER FIRST OWNER OF COPYRIGHT PARTS WITH POSSESSION OF THE ORIGINAL, OR OF A COPY MADE BY HIM OR UNDER HIS DIRECTION OR CONTROL, THE AUTHOR IS IDENTIFIED ON THE ORIGINAL OR COPY, OR ON A FRAME, MOUNT OR OTHER THING TO WHICH IT IS ATTACHED; OR (B) BY INCLUDING IN A LICENCE BY WHICH THE AUTHOR OR OTHER FIRST OWNER OF COPYRIGHT AUTHORIZES THE MAKING OF COPIES OF THE WORK A WRITTEN STATEMENT SIGNED BY OR ON BEHALF OF THE PERSON GRANTING THE LICENCE THAT THE AUTHOR ASSERTS HIS RIGHT TO BE IDENTIFIED IN THE EVENT OF THE PUBLIC EXHIBITION OF A COPY MADE IN PURSUANCE OF THE LICENSE.
“COPYRIGHT VESTING IN INTERNATIONAL ORGANIZATIONS” NEST® INDICATES, ASSIGNS, TRANSFERS OR OTHERWISE REGISTERS INDIVIDUAL’S CONFIDENTIALLY HELD OWNERSHIP. FOR OWNERS. CONTROLLED BY OWNERS (1) WHERE AN ORIGINAL LITERARY, DRAMATIC, MUSICAL OR ARTISTIC WORK— (A) IS MADE BY AN OFFICER OR EMPLOYEE OF, OR IS PUBLISHED BY, ANY INTERNATIONAL ORGANIZATION; AND (B) DOES NOT QUALIFY FOR COPYRIGHT PROTECTION UNDER SECTION 178 (QUALIFICATION BY REFERENCE TO AUTHOR), COPYRIGHT NEVERTHELESS SUBSISTS IN THE WORK BY VIRTUE OF THIS SECTION AND THE ORGANIZATION IS THE FIRST OWNER OF THAT COPYRIGHT. (2) COPYRIGHT OF WHICH AN INTERNATIONAL ORGANIZATION IS FIRST OWNER BY VIRTUE OF THIS SECTION CONTINUES TO SUBSIST UNTIL THE END OF THE PERIOD OF 50 YEARS FROM THE END OF THE CALENDAR YEAR IN WHICH THE WORK WAS MADE OR SUCH LONGER PERIOD AS MAY BE SPECIFIED BY THE CHIEF EXECUTIVE BY REGULATION UNDER SUBSECTION (4). (AMENDED 22 OF 1999 S. 3) (3) AN INTERNATIONAL ORGANIZATION IS DEEMED TO HAVE, AND TO HAVE HAD AT ALL MATERIAL TIMES, THE LEGAL CAPACITIES OF A BODY CORPORATE FOR THE PURPOSE OF HOLDING, DEALING WITH AND ENFORCING COPYRIGHT, AND IN CONNECTION WITH ALL LEGAL PROCEEDINGS RELATING TO COPYRIGHT.
