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© is the copyright symbol
.Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work.^ Owners have exclusive rights to make copies, create derivative works, distribute, display and perform works publicly.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ At its most general, it is literally “the right to copy” an original creation.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test .
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

These rights can be licensed, transferred and/or assigned. .Copyright lasts for a certain time period after which the work is said to enter the public domain.^ When copyright expires, the work becomes public domain.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ Wikipedia ] When copyright expires, the work becomes public domain.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ Liberal Politics How to Use Copyrighted Music Legally Free copyright music is often mistaken with free public domain music or music in which the copyright has expired.

.Copyright applies to a wide range of works that are substantive and fixed in a medium.^ VERY short–copyright varies widely from medium to medium.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ Free Legal Forms for Graphic Design Copyright Flow Chart Flowchart for determining when U.S. Copyrights in fixed works expire.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

.Some jurisdictions also recognize "moral rights" of the creator of a work, such as the right to be credited for the work.^ The US Copyright Law grants rights to individuals for the works they create.

.Copyright is described under the umbrella term intellectual property along with patents and trademarks.^ Bettig, Ronald V. Copyrighting Culture: The Political Economy of Intellectual Property.

^ Copyright: Intellectual Property in the Information Age.

^ Digital Copyright: Protecting Intellectual Property on the Internet .

.The Statute of Anne 1709, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned", is now seen as the origin of copyright law.^ Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ The point is that due to the way copyright law is set up, people infringe unintentionally all the time .
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Costco argued that because the copies were made by the US copyright owner, they should be considered "lawfully made" under US copyright law.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[1]
.Copyright has been internationally standardized, lasting between fifty and one hundred years from the author's death, or a shorter period for anonymous or corporate authorship.^ As Steven Seidenberg at IP Watch explains: There is, however, one significant difference between the first sale doctrines in US copyright and trademark law.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Last year, at an event discussing copyright, even folks from the US Copyright Office laughed off the Special 301 report.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ "The Author Effect After the 'Death of the Author': Copyright in a Postmodern Age."

.Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions.^ First, copyright infringement is both a civil and criminal crime, so people caught of copyright infringement are likely to get both sued and tried in criminal court.

^ This article is not about to teach you all about copyright, though there are some decent sites out there with lots of details.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ Green, Stuart P. "Plagiarism, Norms, and the Limits of Theft Law: Some Observations on the Use of Criminal Sanctions in Enforcing Intellectual Property Rights."

Contents

Justification

The British Statute of Anne was the first act to directly protect the rights of authors.[2] .Under US copyright law, the justification appears in Article I, Section 8 Clause 8 of the Constitution, known as the Copyright Clause.^ Copyright Committee Website Articles related to using copyrighted materials, fair use, getting permission, plagiarism, copyright law, what copyright protects, Public Domain and Copyright Duration.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ While US copyright law has its problems, one path we have not gone down that many other countries have is the concept of copyright levies on various technologies.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Apart from facts and ideas there are many other classes of materials that can not be protected under the Copyright Law.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

It empowers the United States Congress "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."[3]
According to the World Intellectual Property Organisation the purpose of copyright is twofold:
."To encourage a dynamic creative culture, while returning value to creators so that they can lead a dignified economic existence, and to provide widespread, affordable access to content for the public."^ A Guide To Open Content Licenses Licenses and the Control of Copyright, Creative Commons, the GNU GPL, the Public Domain, Open / Collaborative Production and more.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

[4]

Copyright as property right

.
Newspaper advert: "United States and Foreign Copyright.
^ With the world seemingly becoming smaller every day, the United States took a look at its stance on the European copyright treaty known as the Berne Convention.

^ Copyright The Beginner's Guide to Understanding Copyright Infringement Copyright infringement is defined by the jurisdiction -- the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China.

^ According to the law in the United States, once you have written or recorded your music in a permanent form, it is automatically copyrighted.

.Patents and Trade-Marks A Copyright will protect you from Pirates.^ By Holly Jahangiri Copyright: get to know the facts If something’s valuable to you then you need to protect it.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ Copyright Law How to Copyright and Patent Your Software Copyrighting software doesn't offer the protection that many people hope it will.

^ Reply 19 Michael July 8th, 2007 1:14 pm Website copyright is really important if you’re trying to protect your content.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

And make you a fortune.
Copyright as a property law was initially conceived of as a "chose in action", that is an intangible property, as opposed to tangible property. .Tangible property is attached to the legal ownership of a physical item, hence the purchase of a book buys ownership of the book, but not the underlying copyright in the book's content.^ Copyright and Intellectual Property While some people take issue with the concept of intellectual property and believe that all content should be free, I don’t count myself among them.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

[5]
.The Statute of Anne specifically referred to copyright in terms of property (see literary property), albeit limited in time.^ Ginsburg, Jane C. "A Tale of Two Copyrights: Literary Property in Revolutionary France and America."

.Many contemporaries did not believe that the statute was concerned with property "in the strict sense of the word". The question of whether copyright is property right dates back to the Battle of the Booksellers.^ Intellectual Property Rights MySpace to Join YouTube in Offering Commercial Content, Viacom Suit Could Derail DMCA, Says Law Professor The question of "safe harbor" in the DMCA, the law which protects hosts of media online, is a subject of concern by a Stanford law professor, as MySpace prepares to offer copyrighted video as well.

^ Intellectual Property Rights Understanding Software Copyright Laws Software copyright laws are among the most difficult to enforce among the masses.

^ Copyright and Intellectual Property While some people take issue with the concept of intellectual property and believe that all content should be free, I don’t count myself among them.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

In 1773 Lord Gardenston commented in Hinton v. Donaldson that "the ordinary subjects of property are well known, and easily conceived... .But property, when applied to ideas, or literary and intellectual compositions, is perfectly new and surprising..."^ "Shifting Boundaries of Intellectual Property: Authors and Publishers Negotiating the WWW." Computers and Composition 15.2 (1998): 145-162.

^ Online Composition Courses in an Era of Changing Intellectual Property Policies."

^ "The Economy of Ideas: Everything You Know about Intellectual Property Is Wrong."

[6]
.It was in the 19th century that the term intellectual property began to be used as an umbrella term for patents, copyright and other laws.^ Furthermore, Band pointed out another neat trick used by the entertainment industry with ACTA. Because they can pretend it's not really an intellectual property agreement, but a "trade agreement," they can compare it to other trade agreements that were also negotiated in secrecy.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Copyright Committee Website Articles related to using copyrighted materials, fair use, getting permission, plagiarism, copyright law, what copyright protects, Public Domain and Copyright Duration.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ While US copyright law has its problems, one path we have not gone down that many other countries have is the concept of copyright levies on various technologies.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[1][7] The expansion in the scope of copyright and copyright term are mirrored in the rhetoric that has been employed in referring to copyright. Courts, when strengthening copyright, have characterised it as a type of property. .Companies have strongly emphasised copyright as property, with leaders in the music and movie industries seeking to "protect private property from being pillaged" and making forceful assertions that copyright is absolute property right.^ Copyright protects the rights of owners.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ Intellectual Property Rights Understanding Software Copyright Laws Software copyright laws are among the most difficult to enforce among the masses.

^ Mining The Ethics of Having Copyriting Protection in the Music Industry According to Wikepedia, an online encyclopedia Copyright is defined as, "A set of exclusive rights granted by governments to regulate the use of a By Michael Mathews   |  Published 6/12/2006 More topics: Music Piracy .

[8] .With reference to the expanding scope of copyright, one commentator noted that "We have gone from a regime where a tiny part of creative content was controlled to a regime where most of the most useful and valuable creative content is controlled for every significicant use."^ While US copyright law has its problems, one path we have not gone down that many other countries have is the concept of copyright levies on various technologies.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Fox News Sued For Copyright Infringement; Complaint Mocks Murdoch's Comments On 'Stealing' Content .
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity.

[9]

Exclusive rights granted by copyright

.Copyright initially only granted the exclusive right to copy a book, allowing anybody to use the book to, for example, make a translation, adaptation or public performance.^ Once again, it appears that a copyright holder doesn't believe in fair use for others, but only for themselves.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ It allows you to make a single backup copy for personal use -- a use that has been found to be perfectly fair use for software and music.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Remember, the product in question does not allow for anyone to make a bunch of copies and pass them along.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[9] .At the time print on paper was the only format in which most text based copyrighted works were distributed.^ Gif Copyright Office Q&A A guide to copyrighting creative works in Q&A format.

.Therefore, while the language of book contracts was typically very broad, the only exclusive rights that had any significant economic value were rights to distribute the work in print.^ "Languages, Books, and Reading from the Printed Word to the Digital Text."

[10]
.The exclusive rights granted by copyright law to copyright owners have been gradually expanded over time and now uses of the work such as dramatization, translations, and derivative works such as adaptations and transformations, fall within the scope of copyright.^ Copyright law also has a well-established first sale right, but here's where Omega gets tricky.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ The cost to society now outweighs the benefits and we exist within a market bubble right now: A copyright bubble.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ The point is that due to the way copyright law is set up, people infringe unintentionally all the time .
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[9] With a few exceptions, the exclusive rights granted by copyright are strictly territorial in scope, as they are granted by copyright laws in different countries. Bilateral and multilateral treaties establish minimum exclusive rights in member states, meaning that there is some uniformity across Berne Convention member states.[11]
The print on paper format means that content is affixed onto paper and the content can’t be easily or conveniently manipulated by the user. Duplication of printed works is time-consuming and generally produces a copy that is of lower quality. Developments in technology have created new formats, in addition to paper, and new means of distribution. Particularly digital formats distributed over computer networks have separated the content from its means of delivery. .Users of content are now able to exercise many of the exclusive rights granted to copyright owners, such as reproduction, distribution and adaptation.^ The cost to society now outweighs the benefits and we exist within a market bubble right now: A copyright bubble.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ It's difficult to see what the creative component of such a listing is that would allow it to be granted any sort of copyright protection.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ There were so many brilliant content creators who are doing amazing things that skirt the boundaries (or just ignore them entirely) of copyright law.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[10]

Works subject to copyright

The type of works which are subject to copyright has been expanded over time. .Initially only covering books, copyright law was revised in the 19th century to include maps, charts, engravings, prints, musical compositions, dramatic works, photographs, paintings, drawings and sculptures.^ With the popularity of the Internet, many people are violating music copyright law and do not even know it.

^ Copyright Infringement The Evolution of Copyright Laws Before the 15th century, most books were written by hand.

^ Copyright Laws Music Copyright Law, Infringement and Expiration The expiration date on your copyrighted music isn't something you have to worry about, at least not in your lifetime.

In the 20th century copyright was expanded to cover motion pictures, computer programs, sound recordings, dance and architectural works.[9]
.Copyright law is typically designed to protect the fixed expression or manifestation of an idea rather than the fundamental idea itself.^ Rather than claiming it's a trademark issue, it's using copyright law .
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ The usual suspects form the industry will, asking for increased protectionism designed entirely to prop up their business models, rather than actually looking at a country's copyright laws.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Omega argued that because the copies of its watch design were made outside the US, they were not made under US copyright law and were thus not covered by the first sale doctrine.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

.Copyright does not protect ideas, only their expression and in the Anglo-American law tradition the idea-expression dichotomy is a legal concept which explains the appropriate function of copyright laws.^ While US copyright law has its problems, one path we have not gone down that many other countries have is the concept of copyright levies on various technologies.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ As Steven Seidenberg at IP Watch explains: There is, however, one significant difference between the first sale doctrines in US copyright and trademark law.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Since this is a discussion about what foreign countries are doing with their copyright laws that doesn't directly affect most of the American public directly (though we can be concerned about the fallout).
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[12]

Related rights and neighboring rights

Related rights is used to describe database rights, public lending rights (rental rights), artist resale rights and performers’ rights. Related rights may also refer to copyright in broadcasts and sound recordings.[13] .Related rights award copyright protection to works which are not author works, but rather technical media works which allowed author works to be communicated to a new audience in a different form.^ So it has gone to court to insist that Kirby had no right to the characters and that his work with Marvel was a "work for hire" situation, where Marvel retains all the copyrights.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ It's difficult to see what the creative component of such a listing is that would allow it to be granted any sort of copyright protection.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ "Protecting Folklore Under Modern Intellectual Property Regimes: A Reappraisal of the Tensions Between Individual and Communal Rights in Africa and the United States."

The substance of protection is usually not as great as there is for author works. In continental European copyright law a system of neighboring rights has thus developed and the approach was reinforced by the creation of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations in 1961.[14]

History

First page of John Milton's 1644 edition of Areopagitica, in it he argued forcefully against the Licensing Order of 1643.
Title page of Index Librorum Prohibitorum, or List of Prohibited Books, (Venice 1564).

Early European printers' monopoly

.The origins of copyright law in most European countries lies in efforts by the church and governments to regulate and control the output of printers.^ While US copyright law has its problems, one path we have not gone down that many other countries have is the concept of copyright levies on various technologies.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Historically, what it's been is the entertainment industry putting together a list of countries that don't have draconian enough copyright laws, and it gets the USTR to complain about them and put them on a "watch list" of sorts.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Intellectual Property Rights Understanding Software Copyright Laws Software copyright laws are among the most difficult to enforce among the masses.

[15] Before the invention of the printing press a writing, once created, could only be physically multiplied by the highly laborious and error-prone process of manual copying out and an elaborate system of censorship and control over scribes existed.[16] .Printing allowed for multiple exact copies of a work, leading to a more rapid and widespread circulation of ideas and information (see print culture).^ Dewar, James A. The Information Age and the Printing Press: Looking Backward to See Ahead.

[17] Pope Alexander VI issued a bull in 1501 against the unlicensed printing of books and in 1559 the Index Expurgatorius, or List of Prohibited Books, was issued for the first time.[18]
In Europe printing was invented and widely established in the 15th and 16th centuries. [19] While governments and church encouraged printing in many ways, which allowed the dissemination of Bibles and government information, works of dissent and criticism could also circulate rapidly. As a consequence, governments established controls over printers across Europe, requiring them to have official licences to trade and produce books. The licenses typically gave printers the exclusive right to print particular works for a fixed period of years, and enabled the printer to prevent others from printing the same work during that period. .The licenses could only grant rights to print in the territory of the state that had granted them, but they did usually prohibit the import of foreign printing.^ The US Copyright Law grants rights to individuals for the works they create.

[20] The notion that the expression of dissent or subversive views should be tolerated, not censured or punished by law, developed alongside the rise of printing and the press. The Areopagitica, published in 1644 under the full title Areopagitica: A speech of Mr. John Milton for the liberty of unlicensed printing to the Parliament of England, was John Milton's response to the British parliament re-introducing government licensing of printers, hence publishers. In doing so Milton articulated the main strands of future discussions about freedom of expression. By defining the scope of freedom of expression and of "harmful" speech Milton argued against the principle of pre-censorship and in favour of tolerance for a wide range of views.[21]
.As the "menace" of printing spread governments established centralised control mechanism[22] and in 1557 the British Crown thought to stem the flow of seditious and heretical books by chartering the Stationers' Company.^ "The Company of Stationers Before 1557."

The right to print was limited to the members of that guild, and thirty years later the Star Chamber was chartered to curtail the "greate enormities and abuses" of "dyvers contentyous and disorderlye persons professinge the arte or mystere of pryntinge or selling of books." The right to print was restricted to two universities and to the 21 existing printers in the city of London, which had 53 printing presses. The French crown also repressed printing, and printer Etienne Dolet was burned at the stake in 1546. As the British took control of type founding in 1637 printers fled to the Netherlands. Confrontation with authority made printers radical and rebellious, with 800 authors, printers and book dealers being incarcerated in the Bastille before it was stormed in 1789.[23]

Early British copyright law

The Statute of Anne came into force in 1710
In England the printers, known as stationers, formed a collective organisation, known as the Stationers' Company. In the 16th century the Stationers' Company was given the power to require all lawfully printed books to be entered into its register. Only members of the Stationers' Company could enter books into the register. This meant that the Stationers' Company achieved a dominant position over publishing in 17th century England (no equivalent arrangement formed in Scotland and Ireland). But the monopoly came to an end in 1694, when the English Parliament did not renew the Stationers Company's power.[24]
In 1707 the parliaments of England and Scotland were united as a result of the Anglo-Scottish Union. .The new parliament was able to change the laws in both countries and an important early piece of legislation was the Copyright Act of 1709, also known as the Statute of Anne, after Queen Anne.^ You may recall the attempt a decade ago by the RIAA to change copyright law in the middle of the night (literally) by having a staffer slip four words into a larger piece of legislation that would have avoided some of these termination claims.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ While US copyright law has its problems, one path we have not gone down that many other countries have is the concept of copyright levies on various technologies.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Historically, what it's been is the entertainment industry putting together a list of countries that don't have draconian enough copyright laws, and it gets the USTR to complain about them and put them on a "watch list" of sorts.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

.The act came into force in 1710 and was the first copyright statute.^ "The Book Trade in Politics: The Making of the Copyright Act of 1710."

Its full title was "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned".[24]
.The coming into force of the Statute of Anne in April 1710 marked a historic moment in the development of copyright law.^ "The Publishers and the Pirates: British Copyright Law in Theory and Practice, 1710-1775."

^ Abrams, Howard B. "The Historic Foundation of American Copyright Law: Exploding the Myth of Common Law Copyright."

As the world's first copyright statute it granted publishers of a book legal protection of 14 years with the commencement of the statute. It also granted 21 years of protection for any book already in print.[25] The Statute of Anne had a much broader social focus and remit than the monopoly granted to the Stationers' Company. The statute was concerned with the reading public, the continued production of useful literature, and the advancement and spread of education. .The central plank of the statute is a social quid pro quo; to encourage "learned men to compose and write useful books" the statute guaranteed the finite right to print and reprint those works.^ Copyright, Intellectual Property, Print Culture: A bibliography for composition and rhetoric R ebecca M oore H oward The Writing Program Syracuse University I also use CiteULike and del.icio.us for bibliographic work.

It established a pragmatic bargain involving authors, the booksellers and the public.[26] The Statute of Anne ended the old system whereby only literature that met the censorship standards administers by the booksellers could appear in print. The statute furthermore created a public domain for literature, as previously all literature belonged to the booksellers forever.[27]
According to Patterson and Lindberg, the Statute of Anne:
"... transformed the stationers' copyright - which had been used as a device of monopoly and an instrument of censorship - into a trade-regulation concept to promote learning and to curtail the monopoly of publishers... The features of the Statute of Anne that justify the epithet of trade regulation included the limited term of copyright, the availability of copyright to anyone, and the price-control provisions. .Copyright, rather than being perpetual, was now limited to a term of fourteen years, with a like renewal term being available only to the author (and only if the author were living at the end of the first term)."^ Copyright is an institution and like all social institutions remain in existence only for as long as its members continue to support it.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Rather than claiming it's a trademark issue, it's using copyright law .
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[27]
.When the statutory copyright term provided for by the Statute of Anne began to expire in 1731 London booksellers thought to defend their dominant position by seeking injunctions from the Court of Chancery for works by authors that fell outside the statute's protection.^ So it has gone to court to insist that Kirby had no right to the characters and that his work with Marvel was a "work for hire" situation, where Marvel retains all the copyrights.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Copyright Basics Advantages of Copyright Registration While it is not required that a "creative work" be registered with the U.S. Copyright Office, it is still advisable that an author do so as soon as the creative work has been completed.

^ A discussion of copyright laws and the protections provided under those laws.

At the same time the London booksellers lobbied parliament to extend the copyright term provided by the Statute of Anne. Eventually, in a case known as Midwinter v. Hamilton (1743–1748), the London booksellers turned to common law and starting a 30 year period known as the battle of the booksellers. The battle of the booksellers saw London booksellers locking horns with the newly emerging Scottish book trade over the right to reprint works falling outside the protection of the Statute of Anne. .The Scottish booksellers argued that no common law copyright existed in an author's work.^ No one else can produce the invention for a set period of time under patent and copyright law.

^ The US Copyright Law grants rights to individuals for the works they create.

^ So it has gone to court to insist that Kirby had no right to the characters and that his work with Marvel was a "work for hire" situation, where Marvel retains all the copyrights.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

.The London booksellers argued that the Statute of Anne only supplemented and supported a pre-existing common law copyright.^ Expiration Common Law Copyright Protection and Ownership It is advisable to copyright your work through the Copyright Office, but it is not required in order to establish ownership over the work itself.

^ Common Law What Does Copyright Mean?

^ Abrams, Howard B. "The Historic Foundation of American Copyright Law: Exploding the Myth of Common Law Copyright."

The dispute was argued out in a number of notable cases, including Millar v. Kincaid (1749–1751) and Tonson v. Collins (1761–1762).[28]
When Donaldson v Beckett reached the House of Lords in 1774 Lord Camden was most strident in his rejection of the common law copyright, warning the Lords that should they vote in favour of common law copyright, effectively a perpetual copyright, "all our learning will be locked up in the hands of the Tonsons and the Lintots of the age". Moreover he warned that booksellers would then set upon books whatever price they pleased "till the public became as much their slaves, as their own hackney compilers are". He declared that "Knowledge and science are not things to be bound in such cobweb chains."[29] In its ruling the House of Lords established that copyright was a "creature of statute", and that the rights and responsibilities in copyright were determined by legislation.[30] .There is however still disagreemnt over whether the House of Lords affirmed the existence of common law copyright before it was superseded by the Statute of Anne.^ However, this is direct violation of U.S. copyright laws.

^ However, this is a chance for the fair use law in U.S. copyright legalese to get a better definition...hopefully by the public and not the judge himself...

^ Everybody agrees that there must be some compensatory mechanism, however artificial, to reimburse people for the effort invested in the production of the goods and services that copyright protects.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

.The Lords had traditionally been hostile to the booksellers' monopoly and were aware of how the doctrine of common law copyright, promoted by the booksellers, was used to support their case for a perpetual copyright.^ Copyright Registration How to Overcome Procrastination Using the Law of Attraction Procrastination the destroyer of dreams.

^ Liberal Politics How to Use Copyrighted Music Legally Free copyright music is often mistaken with free public domain music or music in which the copyright has expired.

^ Copyright Law How to Copyright and Patent Your Software Copyrighting software doesn't offer the protection that many people hope it will.

.The Lords clearly voted against perpetual copyright,[31] and eventually an understanding was established whereby authors had a pre-existing common law copyright over their work, but that with the Statute of Anne parliament had limited these natural rights in order to strike a more appropriate balance between the interests of the author and the wider social good.^ So it has gone to court to insist that Kirby had no right to the characters and that his work with Marvel was a "work for hire" situation, where Marvel retains all the copyrights.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Copyright law also has a well-established first sale right, but here's where Omega gets tricky.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ As the debate over Peter Mandelson's Digital Economy Bill (which would represent a radical shift in copyright law in the UK) continues, it appears that Lord Lucas continues to propose all sorts of good ideas in response.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[32] .According to Patterson and Livingston there remains confusion about the nature of copyright ever since.^ Since this is a discussion about what foreign countries are doing with their copyright laws that doesn't directly affect most of the American public directly (though we can be concerned about the fallout).
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

.Copyright has come to be viewed as a natural law right of the author as well as the statutory grant of a limited monopoly.^ Copyright law also has a well-established first sale right, but here's where Omega gets tricky.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

.One theory holds that copyright's origin occurs at the creation of a work, the other that it origin exists only through the copyright statute.^ While US copyright law has its problems, one path we have not gone down that many other countries have is the concept of copyright levies on various technologies.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ The US Copyright Law grants rights to individuals for the works they create.

^ Although copyright laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you're following the proper rules of engagement when you create your works.

[33]

Early French copyright law

In pre-revolutionary France all books needed to be approved by official censors and authors and publishers had to obtain a royal privilege before a book could be published. Royal privileges were exclusive and usually granted for six years, with the possibility of renewal. Over time it was established that the owner of a royal privilege has the sole right to obtain a renewal indefinitely. .In 1761 the Royal Council awarded a royal privilege to the heirs of an author rather than the author's publisher, sparking a national debate on the nature of literary property similar to that taking place in Britain during the battle of the booksellers.^ "Shifting Boundaries of Intellectual Property: Authors and Publishers Negotiating the WWW." Computers and Composition 15.2 (1998): 145-162.

^ Homestead, M. J. American Women Authors and Literary Property, 1822-1869.

^ "Publishing, Property, and the National Information Infrastructure."

[34]
In 1777 a series of royal decrees reformed the royal privileges. The duration of privileges were set at a minimum duration of 10 years or the life of the author, which ever was longer. If the author obtained a privilege and did not transfer or sell it on, he could publish and sell copies of the book himself, and pass the privilege on to his heirs, who enjoyed an exclusive right into perpetuity. If the privilege was sold to a publisher, the exclusive right would only last the specified duration. The royal degrees prohibited the renewal of privileges and once the privilege had expired anyone could obtain a "permission simple" to print or sell copies of the work. Hence the public domain in books whose privilege had expired was expressly recognised.[34]
.After the French Revolution a dispute over Comedie Francaise being granted the exclusive right to the public performance of all dramatic works erupted and in 1791 the National Assembly abolished the privilege.^ So it has gone to court to insist that Kirby had no right to the characters and that his work with Marvel was a "work for hire" situation, where Marvel retains all the copyrights.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Intellectual Property and the National Information Infrastructure: A Preliminary Draft of the Report of the Work Group on Intellectual Property Rights.

^ Intellectual Property and the National Information Infrastructure: A Preliminary Draft of the Report of the Working Group on Intellectual Property Rights.

.Anyone was allowed to establish a public theatre and the National Assembly declared that the works of any author who had died more than five years ago were public property.^ With the ease of Internet publication, an author or artist may want to do more to ensure that his work remains his work.

^ Who Owns Academic Work: Battling for Control of Intellectual Property.

^ Intellectual Property and the National Information Infrastructure: A Preliminary Draft of the Report of the Working Group on Intellectual Property Rights.

.In the same degree the National Assembly granted authors the exclusive right to authorise the public performance of their works during their lifetime, and extended that right to the authors' heirs and assignees for five years after the author's death.^ A copyright is in place for the lifetime of the author plus 70 years.

^ With the ease of Internet publication, an author or artist may want to do more to ensure that his work remains his work.

^ The US Copyright Law grants rights to individuals for the works they create.

.The National Assembly took the view that a published work was by its nature a public property, and that an author's rights are recognised as an exception to this principle, to compensate an author for his work.^ By Lindsey Russell   |  Published 10/31/2006 More topics: Intellectual Property Rights .

^ With the ease of Internet publication, an author or artist may want to do more to ensure that his work remains his work.

^ "Shifting Boundaries of Intellectual Property: Authors and Publishers Negotiating the WWW." Computers and Composition 15.2 (1998): 145-162.

[34]
.In 1793 a new law was passed giving authors, composers, and artists the exclusive right to sell and distribute their works, and the right was extended to their heirs and assigns for 10 years after the author's death.^ They have no real understanding of the subtleties of the law, or arguments about artists' rights or any of that.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ "From Rights in Copies to Copyright: The Recognition of Authors' Rights in English Law and Practice in the Sixteenth and Seventeenth Centuries."

^ Sell, S. K. "Private Power, Public Law: The Globalization of Intellectual Property Rights."

The National Assembly placed this law firmly on a natural right footing, calling the law the "Declaration of the Rights of Genius" and so evoking the famous Declaration of the Rights of Man and of the Citizen. However, author's rights were subject to the condition of making depositing copies of the work with the Bibliothèque Nationale and 19th Century commentators characterised the 1793 law as utilitarian and "a charitable grant from society".[34]

Early US copyright law

The Copyright Act of 1790 in the Colombian Centinel
The Statute of Anne did not apply to the American colonies, although some scholars have asserted otherwise. .The colonies' economy was largely agrarian, hence copyright law was not a priority, resulting in only three private copyright acts being passed in America prior to 1783. Two of the acts were limited to seven years, the other was limited to a term of five years.^ The US Copyright Act of 1790 has changed over the years.

^ Copyright Law How Bill C-61 Will Directly Affect Canadians Who Download Copyright Material Bill C-61, an amendment on the Canadian Copyright Act, not only means to redefine illegal copyright consumption, but how Canadians who download should be punished.

^ The only thing these corporations can do now is shift the costs to the government and other corporations under color of law in a desperate bid for relevance.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

In 1783 several authors' petitions persuaded the Continental Congress "that nothing is more properly a man's own than the fruit of his study, and that the protection and security of literary property would greatly tends to encourage genius and to promote useful discoveries." But under the Articles of Confederation, the Continental Congress had no authority to issue copyright, instead it passed a resolution encouraging the States to "secure to the authors or publishers of any new book not hitherto printed... the copy right of such books for a certain time not less than fourteen years from the first publication; and to secure to the said authors, if they shall survive the term first mentioned,... the copy right of such books for another term of time no less than fourteen years.[35] .Three states had already enacted copyright statutes in 1783 prior to the Continental Congress resolution, and in the subsequent three years all of the remaining states except Delaware passed a copyright statute.^ Copyright is an institution and like all social institutions remain in existence only for as long as its members continue to support it.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

Seven of the States followed the Statute of Anne and the Continental Congress' resolution by providing two fourteen year terms. The five remaining States granted copyright for single terms of fourteen, twenty and twenty one years, with no right of renewal.[36]
.At the Constitutional Convention 1787 both James Madison of Virginia and Charles Pinckney of South Carolina submitted proposals that would allow Congress the power to grant copyright for a limited time.^ "Copyright in 1791: An Essay Concerning the Founders' View of the Copyright Power Granted to Congress in Article 1, Section 8, Clause 8 of the U.S. Constitution."

.These proposals are the origin of the Copyright Clause in the United States Constitution, which allows the granting of copyright and patents for a limited time to serve a utilitarian function, namely "to promote the progress of science and useful arts". The first federal copyright act, the Copyright Act of 1790 granted copyright for a term of "fourteen years from the time of recording the title thereof", with a right of renewal for another fourteen years if the author survived to the end of the first term.^ The US Copyright Act of 1790 has changed over the years.

^ No one else can produce the invention for a set period of time under patent and copyright law.

^ Copyright Violation An Inventor's Guide to Understanding Patents and Copyright Laws Patents and copyright laws give the inventor the exclusive rights to the invention.

The act covered not only books, but also maps and charts. With exception of the provision on maps and charts the Copyright Act of 1790 is copied almost verbatim from the Statute of Anne.[36]
.At the time works only received protection under federal statutory copyright if the statutory formalities, such as a proper copyright notice, were satisfied.^ No one else can produce the invention for a set period of time under patent and copyright law.

^ Filed Under: comic books , copyright , jack kirby , termination , work for hire .
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Business Software The Programmer's Guide to Understanding the Software Copyright Act The Software Copyright Act, better known as the Digital Millennium Copyright Act, has given software developers more power to protect their works.

If this was not the case the work immediately entered into the public domain. In 1834 the Supreme Court ruled in Wheaton v. .Peters, a case similar to the British Donaldson v Beckett of 1774, that although the author of an unpublished work had a common law right to control the first publication of that work, the author did not have a common law right to control reproduction following the first publication of the work.^ Copyright law also has a well-established first sale right, but here's where Omega gets tricky.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[36]

International copyright law

Berne Convention for the Protection of Literary and Artistic Works

The Berne Convention was first established in 1886, and was subsequently re-negotiated in 1896 (Paris), 1908 (Berlin), 1928 (Rome), 1948 (Brussels), 1967 (Stockholm) and 1971 (Paris). .The convention relates to literary and artistic works, which includes films, and the convention requires its member states to provide protection for every production in the literary, scientific and artistic domain.^ With the world seemingly becoming smaller every day, the United States took a look at its stance on the European copyright treaty known as the Berne Convention.

.The Berne Convention has a number of core features, including the principle of national treatment, which holds that each member state to the Convention would give citizens of other member states the same rights of copyright that it gave to its own citizens (Article 3-5).^ Copyright Violation An Inventor's Guide to Understanding Patents and Copyright Laws Patents and copyright laws give the inventor the exclusive rights to the invention.

^ With the world seemingly becoming smaller every day, the United States took a look at its stance on the European copyright treaty known as the Berne Convention.

[37]
.Another core feature is the establishment of minimum standards of national copyright legislation in that each member state agrees to certain basic rules which their national laws must contain.^ Copyright The Beginner's Guide to Understanding Copyright Infringement Copyright infringement is defined by the jurisdiction -- the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China.

^ Although copyright laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you're following the proper rules of engagement when you create your works.

^ A basic look at copyright law with helpful links for easy research.

.Though member states can if they wish increase the amount of protection given to copyright owners.^ Costco argued that because the copies were made by the US copyright owner, they should be considered "lawfully made" under US copyright law.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

One important minimum rule was that the term of copyright was to be a minimum of the author's lifetime plus 50 years. Another important minimum rule established by the Berne Convention is that copyright arises with the creation of a work and does not depend upon any formality such as a system of public registration (Article 5(2)). .At the time some countries did require registration of copyright, and when Britain implemented the Berne Convention in the Copyright Act 1911 it had to abolish its system of registration at Stationers' Hall.^ With the world seemingly becoming smaller every day, the United States took a look at its stance on the European copyright treaty known as the Berne Convention.

^ Copyright Basics Advantages of Copyright Registration While it is not required that a "creative work" be registered with the U.S. Copyright Office, it is still advisable that an author do so as soon as the creative work has been completed.

[37]
.The Berne Convention focuses on authors as the key figure in copyright law and the stated purpose of the convention is "the protection of the rights of authors in their literary and artistic works" (Article 1), rather than the protection of publishers and other actors in the process of disseminating works to the public.^ Rather than claiming it's a trademark issue, it's using copyright law .
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Copyright law also has a well-established first sale right, but here's where Omega gets tricky.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ The usual suspects form the industry will, asking for increased protectionism designed entirely to prop up their business models, rather than actually looking at a country's copyright laws.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

In the 1928 revision the concept of moral rights was introduced (Article 10bis), giving authors the right to be identified as a such and to object to derogatory treatment of their works. These rights, unlike economic rights such as preventing reproduction, could not be transferred to others.[37]
.The Berne Convention also enshrined limitations and exceptions to copyright, enabling the reproduction of literary and artistic works without the copyright owners prior permission.^ International conventions and treaties have done a lot to protect owners of copyrights around the world.

^ With the world seemingly becoming smaller every day, the United States took a look at its stance on the European copyright treaty known as the Berne Convention.

.The detail of these exceptions was left to national copyright legislation, but the guiding principle is stated in Article 9 of the convention.^ With the world seemingly becoming smaller every day, the United States took a look at its stance on the European copyright treaty known as the Berne Convention.

^ Copyright The Beginner's Guide to Understanding Copyright Infringement Copyright infringement is defined by the jurisdiction -- the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China.

.The so called three-step test holds that an exception is only permitted "in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author". Free use of copyrighted work is expressly permitted in the case of quotations from lawfully published works, illustration for teaching purposes, and news reporting (Article 10).^ Filed Under: copyright , fair use , fox news , infringement , rupert murdoch .
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Once again, it appears that a copyright holder doesn't believe in fair use for others, but only for themselves.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ As such, it certainly sounds like it might be a case of copyrfraud to falsely claim copyright on images where you do not, in fact, hold the copyright.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[37]

European copyright law

In the 1980s the European Community started to regard copyright as an element in the creation of a single market. .Since 1991 the EU has passed a number of directives on copyright, designed to harmonise copyright laws in member states in certain key areas, such as computer programmes, databases and the internet.^ Omega argued that because the copies of its watch design were made outside the US, they were not made under US copyright law and were thus not covered by the first sale doctrine.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Since this is a discussion about what foreign countries are doing with their copyright laws that doesn't directly affect most of the American public directly (though we can be concerned about the fallout).
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

.The directives aimed to reduce obstacles to the free movement of goods and services within the European Union, such as for example in rental rights, satellite broadcasting, copyright term and resale rights.^ The cost to society now outweighs the benefits and we exist within a market bubble right now: A copyright bubble.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Every other limitation on free speech in the US (defamation, for example) has such a requirement.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Everybody agrees that there must be some compensatory mechanism, however artificial, to reimburse people for the effort invested in the production of the goods and services that copyright protects.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[38] .Key directives include the 1993 Copyright Duration Directive, the 2001 InfoSoc Directive, also known as Copyright Directive, and the 2004 Directive on the enforcement of intellectual property rights.^ Bettig, Ronald V. Copyrighting Culture: The Political Economy of Intellectual Property.

^ Krauss, Michael I. "Property, Monopoly, and Intellectual Rights."

^ Working Group on Intellectual Property Rights.

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

.Important developments on copyright at international level in the 1990s include the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights, known as TRIPS Agreement.^ Furthermore, Band pointed out another neat trick used by the entertainment industry with ACTA. Because they can pretend it's not really an intellectual property agreement, but a "trade agreement," they can compare it to other trade agreements that were also negotiated in secrecy.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ There may be good reasons for certain aspects of trade agreements to be negotiated in secrecy, as it actually could involve national secrets.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Bettig, Ronald V. Copyrighting Culture: The Political Economy of Intellectual Property.

.TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) and contains a number of provisions on copyright.^ There may be good reasons for certain aspects of trade agreements to be negotiated in secrecy, as it actually could involve national secrets.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

.Compliance with the TRIPS Agreement is required of states wishing to be members of the World Trade Organisation (WTO).^ In fact, one of the "talking points" from the entertainment industry is that this is just an "executive agreement" rather than a "trade agreement" (which would require congressional approval).
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

States need to be signatory of the Berne Convention and comply with all its provisions, except for the provision on moral rights (Article 9(1)). .States need to bring computer programs and databases within the scope of works covered by copyright law (Article 10).^ "The Uneasy Case for Copyright: A Study of Copyright in Books, Photocopies, and Computer Programs."

States need to provide for rental rights in at least computer programs and films (Article 11). Where copyright term, that is duration of copyright, is calculated other than by reference to the life of a natural person, States need to give a minimum term of 50 years calculated from either the date of authorised publication or the creation of the work.[38]

Anti-Counterfeiting Trade Agreement

The Anti-Counterfeiting Trade Agreement (ACTA) is a proposed plurilateral trade agreement which is claimed by its proponents to be in response "to the increase in global trade of counterfeit goods and pirated copyright protected works."[39] The scope of ACTA is broad, including counterfeit physical goods, as well as "internet distribution and information technology".[40]
.In October 2007 the United States, the European Community, Switzerland and Japan announced that they would negotiate ACTA. Furthermore the following countries have joined the negotiations: Australia, the Republic of Korea, New Zealand, Mexico, Jordan, Morocco, Singapore, the United Arab Emirates and Canada.^ Furthermore, Band pointed out another neat trick used by the entertainment industry with ACTA. Because they can pretend it's not really an intellectual property agreement, but a "trade agreement," they can compare it to other trade agreements that were also negotiated in secrecy.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ In trying to explain why ACTA negotiations made sense, he insisted that because ACTA would benefit some industries deeply, it made sense for countries to meet about it.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ "Protecting Folklore Under Modern Intellectual Property Regimes: A Reappraisal of the Tensions Between Individual and Communal Rights in Africa and the United States."

[40][41][42] .The ACTA negotiations have been largely conducted in secrecy, with very little information being officially disclosed.^ He notes, tragically, that the only politicians who have spoken out against ACTA have spoken out about the transparency issue -- but not about the substance of what's being negotiated.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ The only other reason to call it that is to pretend that the level of "secrecy" is normal, despite it being a totally different type of negotiation.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ There's been a lot of back and forth talk about ACTA and all the secrecy behind the negotiations on it.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

.However, on 22 May 2008 a discussion paper about the proposed agreement was uploaded to Wikileaks, and newspaper reports about the secret negotiations quickly followed.^ There may be good reasons for certain aspects of trade agreements to be negotiated in secrecy, as it actually could involve national secrets.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[42][43][44][45]

Copyright by country

Copyright law by country
Europe
North America
Indian subcontinent, South East Asia and Australia
Central Asia and Russia
Middle East
Egypt · Iran · Jordan
.Copyright laws have been standardized to some extent through international conventions such as the Berne Convention.^ International Copyright Law and the Publisher in the Reign of Queen Victoria .

.Although there are consistencies among nations' intellectual property laws, each jurisdiction has separate and distinct laws and regulations about copyright.^ As in the post we had yesterday about the copyright bubble , the general consensus was that the younger generation today has learned to disregard copyright law.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Historically, what it's been is the entertainment industry putting together a list of countries that don't have draconian enough copyright laws, and it gets the USTR to complain about them and put them on a "watch list" of sorts.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ As Steven Seidenberg at IP Watch explains: There is, however, one significant difference between the first sale doctrines in US copyright and trademark law.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

[2] .The World Intellectual Property Organization summarizes each of its member states' intellectual property laws on its website (see WIPO Guide to Intellectual Property Worldwide and National copyright laws in the See also section below).^ It's really stunning how frequently we see companies (and individuals) twisting and abusing copyright law to do things way beyond the obvious intentions of the law itself.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ Bettig, Ronald V. Copyrighting Culture: The Political Economy of Intellectual Property.

^ "Digital Media and the Changing Face of Intellectual Property Law."

A copyright certificate for proof of the Fermat theorem, issued by State Department of Intellectual Property of Ukraine

Obtaining copyright

In all countries that are members of the Berne Convention copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights. .However, while registration isn't needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright.^ Both Google and Viacom have asked for summary judgment , claiming that there's enough evidence that a trial isn't needed.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ As Steven Seidenberg at IP Watch explains: There is, however, one significant difference between the first sale doctrines in US copyright and trademark law.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

The original copyright owner of the copyright may be the employer of the author rather than the author himself, if the work is a "work for hire".

Copyright enforcement

.Copyrights are generally enforced by the holder in a civil law court, but there are also criminal infringement statutes in some jurisdictions.^ Some had tacit approval from copyright holders.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ An entire generation has disregarded copyright law.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

^ His latest is to try to add an amendment that would require copyright holders to detail actual damages done by file sharing in their reports to ISPs notifying them of infringement.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

.While central registries are kept in some countries, which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily prove that copyright was infringed.^ As we've discussed in the past, the subject of a photograph does not have any copyright claim on the image.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

.Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as the RIAA are increasingly targeting the file sharing home Internet user.^ His latest is to try to add an amendment that would require copyright holders to detail actual damages done by file sharing in their reports to ISPs notifying them of infringement.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

Thus far however, most such cases against file sharers have been settled out of court, often for sums of money far greater than the value of the works infringed upon. (See: File sharing and the law)

Copyright term

Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition or novel), whether the work has been published or not, and whether the work was created by an individual or a corporation. In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years. In the United States, the term for most existing works is a fixed number of years after the date of creation or publication. .In some countries (for example, the United States[46] and the United Kingdom[47]), copyrights expire at the end of the calendar year in question.^ "Timeline: A History of Copyright in the United States."

The length and requirements for copyright duration are subject to change by legislation, and since the early 20th century there have been a number of adjustments made in various countries, which can make determining the duration of a given copyright somewhat difficult. .For example, the United States used to require copyrights to be renewed after 28 years to stay in force, and formerly required a copyright notice upon first publication to gain coverage.^ "Timeline: A History of Copyright in the United States."

In Italy and France, there were post-wartime extensions that could increase the term by approximately 6 years in Italy and up to about 14 in France. .Many countries have extended the length of their copyright terms (sometimes retroactively).^ While US copyright law has its problems, one path we have not gone down that many other countries have is the concept of copyright levies on various technologies.
  • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

International treaties establish minimum terms for copyrights, but individual countries may enforce longer terms than those.[48]

First-sale doctrine and exhaustion of rights

Copyright law does not restrict the owner of a copy from reselling legitimately obtained copies of copyrighted works, provided that those copies were originally produced by or with the permission of the copyright holder. It is therefore legal, for example, to resell a copyrighted book or CD. In the United States this is known as the first-sale doctrine, and was established by the courts to clarify the legality of reselling books in second-hand bookstores. Some countries may have parallel importation restrictions that allow the copyright holder to control the aftermarket. This may mean for example that a copy of a book that does not infringe copyright in the country where it was printed does infringe copyright in a country into which it is imported for retailing. The first-sale doctrine is known as exhaustion of rights in other countries and is a principle that also applies, though somewhat differently, to patent and trademark rights. It is important to note that the first-sale doctrine permits the transfer of the particular legitimate copy involved. It does not permit making or distributing additional copies.

Limits and exceptions to copyright

Fair use and fair dealing

Copyright does not prohibit all copying or replication. .In the United States, the fair use doctrine, codified by the Copyright Act of 1976 as 17 U.S.C. § 107, permits some copying and distribution without permission of the copyright holder or payment to same.^ Copyright Act of 1976.

^ United States Code Annotated, Title 17.

^ Crews, Kenneth D. Copyright, Fair Use, and the Challenge for Universities: Promoting the Progress of Higher Education.

The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. Those factors are:
  1. the purpose and character of the use;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.[49]
In the United Kingdom and many other Commonwealth countries, a similar notion of fair dealing was established by the courts or through legislation. .The concept is sometimes not well defined; however in Canada, private copying for personal use has been expressly permitted by statute since 1999. In Australia, the fair dealing exceptions under the Copyright Act 1968 (Cth) are a limited set of circumstances under which copyrighted material can be legally copied or adapted without the copyright holder's consent.^ Saint Petersburg: Two Concepts of Literary Property and the Material Lives of Books in Under Western Eyes."

^ "Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying Serves It."

Fair dealing uses are research and study; review and critique; parody and satire; news reportage and the giving of professional advice (i.e. legal advice). .Under current Australian law it is still a breach of copyright to copy, reproduce or adapt copyright material for personal or private use without permission from the copyright owner.^ "From Rights in Copies to Copyright: The Recognition of Authors' Rights in English Law and Practice in the Sixteenth and Seventeenth Centuries."

Other technical exemptions from infringement may also apply, such as the temporary reproduction of a work in machine readable form for a computer.
In the United States the AHRA (Audio Home Recording Act Codified in Section 10, 1992) prohibits action against consumers making noncommercial recordings of music, in return for royalties on both media and devices plus mandatory copy-control mechanisms on recorders.
Section 1008. Prohibition on certain infringement actions
No action ever may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.
Later acts amended US Copyright law so that for certain purposes making 10 copies or more is construed to be commercial, but there is no general rule permitting such copying. Indeed making one complete copy of a work, or in many cases using a portion of it, for commercial purposes will not be considered fair use. .The Digital Millennium Copyright Act prohibits the manufacture, importation, or distribution of devices whose intended use, or only significant commercial use, is to bypass an access or copy control put in place by a copyright owner.^ "Copyright, Access and Digital Texts."

^ Digital Millennium Copyright Act: Title 17 USC, Sec.

^ "Copyright's Fair Use Doctrine and Digital Data."

An appellate court has held that fair use is not a defense to engaging in such distribution.
.Educational use is regarded as "fair use" in most jurisdictions, but the restrictions vary wildly from nation to nation.^ Crews, Kenneth D. Copyright, Fair Use, and the Challenge for Universities: Promoting the Progress of Higher Education.

^ "The Code of Best Practices in Fair Use for Media Literacy Education."

[50]
Recent Israeli District Court decision dated Sep. 2, 2009 [51][52] accepted the defence of fair use for a site linking to P2P live feeds of soccer matches. The main reasoning was based on the public importance of certain sporting events, i.e. - the public's rights as counter weight to the copyright holders rights.

Licensing, transfer and assignment

Copyright may be bought and sold much like other properties.[53] In the individual licensing model the copyright owner authorizes the use of the work against remuneration and under the conditions specified by the license. .The conditions of the license may be complex since the exclusive rights granted by copyright to the copyright owner can be split territorially or with respect to language, the sequence of uses may be fixed, the number of copies to be made and their subsequent use may also be specified.^ "From Rights in Copies to Copyright: The Recognition of Authors' Rights in English Law and Practice in the Sixteenth and Seventeenth Centuries."

Furthermore sublicenses and representation agreements may also be made.[54]
A contractual transfer of all or some of the rights in a copyrighted work is a known as a copyright license. A copyright assignment is an immediate and irrevocable transfer of the copyright owner's entire interest in all or some of the rights in the copyrighted work. Copyright licensing and assignment cover only the specified geographical region. There are significant differences in national copyright laws with regards to copyright licensing and assignment.[55]
Copyright licenses, as a minimum, define the copyrighted works and rights subject to the license, the territories or geographic region in which the license applies, the term or length of the license, and the consideration (such as a one of payment or royalties) for the license. The exclusive rights granted by copyright law can all be licensed, but they vary depending on local law. Depending on how the work may be used different licenses need to be acquired. For example, the activity of distributing videocassettes of a motion picture will require the license for the right to reproduce the motion picture on a videocassette and the right to distribute the copies to the public. Because the ratio of a television screen is different from that of a wide-screen cinema, requiring the cutting of the wide-screen "ends", it may also be necessary to obtain a license for the right to modify the motion picture. If the motion picture is to be edited or modified the copyright owner may include control over or approval of the editing process, or of the final result. Existing contractual agreements between the copyright owner and the director, may also require approval from the director to any changes made to the copyrighted work.[56]
Different types of exclusive licenses exist, such as licenses that excludes the licensor from use of the licenced copyrighted work in the relevant region and for the stated time period. Or exclusive licenses may prevent the licensor from licensing other parties in the geographic region and during the license term. There are also various types of non-exclusive licenses, including the irght of first refusal should the licensor elect to offer future licenses to third parties. If a licensing agreement does not specify that the license is exclusive it may nonetheless be deemed exclusive depending on the language of the contract. Depending on local laws the owner of an exclusive license may be deemed the "copyright owner" of that work and bring charges for copyright infirngement.
The term or length of the copyright license is not allowed to exceed the copyright term specified by local law. Licenses may establish various pay arrangements, such as royalties as a percentage of sales or as a stepped up or down percentage of sales, e.g. 5 percent of sales up to 50,000 units, 2.5 percent of sales in excess thereof. The trigger for royalty payments may be sales, or other factors, such as the number of "hits" or views on a website. Minimum royalty payments are arrangements whereby a minimum up-front payment is made and then recouped against the percentage of sales. The up-front payment may be non-refundable if sales royalties do not reach the amount of the payment.[57] Minimum royaltie payment arrangements may be accompanied by marketing duties for the licensee, e.g. best effort and reasonable effort to market and promote the copyrighted work.[58]

Compulsory licensing

.In some countries copyright law provides for compulsory licenses of copyrighted works for specific uses.^ Green, Stuart P. "Plagiarism, Norms, and the Limits of Theft Law: Some Observations on the Use of Criminal Sanctions in Enforcing Intellectual Property Rights."

.In many cases the remuneration or royalties received for a copyrighted work under compulsory license are specified by local law, but may also be subject to negotiation.^ "Dropping the Subject: An Argument for a Positive History of Authorship and the Law of Copyright."

Compulsory licensing may be established through negotiates licenses that provide terms within the parameters of the compulsory license.[59] Article 11bis(2) and Article 13(1) of the Berne Convention for the Protection of Literary and Artistic Works provide the legal basis for compulsory licenses. .They state that member states are free to determine the conditions under which certain exclusive rights may be exercised in their national laws.^ "Protecting Folklore Under Modern Intellectual Property Regimes: A Reappraisal of the Tensions Between Individual and Communal Rights in Africa and the United States."

They also provide for the minimum requirements to be set when compulsory licenses are applied, namely that they must not prejudice the author to fair compensation.[60]

Future rights under pre-existing agreements

It is commonplace in copyright licensing to license not only new uses which may be developed, as well as works which are not yet created. However, local law may not always recognise that the wording in licensing agreements does cover new uses permitted by subsequently-developed technology.[61] Whether a license covers future, as yet unknown, technological developments is subject to frequent disputes. Litigation over the use of a licensed copyrighted work in a medium unknown when the license was agreed is common.[62]

Copyright and competition law

Copyright is typically thought of as a limited, legally-sanctioned monopoly.[63] Because of this, copyright licensing may sometimes interfere too much in free and competitive markets.[64] These concerns are governed by legal doctrines such as competition law in the European Union, anti-trust law in the United States, and "anti-monopoly law" in Russia and Japan.[64] Competition issues may arise when the licensing party unfairly leverages market power, engages in price discrimination through its licensing terms or otherwise uses a licensing agreement in a discriminatory or unfair manner.[63][64] .Attempts to extend the copyright term granted by law – for example, by collecting royalties for use of the work after its copyright term has expired and it has passed into the public domain – raise such competition concerns.^ "Copyright in 1791: An Essay Concerning the Founders' View of the Copyright Power Granted to Congress in Article 1, Section 8, Clause 8 of the U.S. Constitution."

^ "Senate Passes a Bill Extending Copyright Exemption to Online Courses."

^ "Nine-Tenths of the Law: The English Copyright Debates and the Rhetoric of the Public Domain."

[65]
.In April 1995 the US published "Antitrust Guidelines for the licensing of Intellectual Property" which apply to patents, copyright and trade secrets.^ Copyright, Intellectual Property, Print Culture: A bibliography for composition and rhetoric R ebecca M oore H oward The Writing Program Syracuse University I also use CiteULike and del.icio.us for bibliographic work.

^ "Shifting Boundaries of Intellectual Property: Authors and Publishers Negotiating the WWW." Computers and Composition 15.2 (1998): 145-162.

^ Bettig, Ronald V. Copyrighting Culture: The Political Economy of Intellectual Property.

.In January 1996 the European Union published Commission Regulation No.240/96 which applies to patents, copyright and other intellectual property rights, especially regarding licenses.^ "Shifting Boundaries of Intellectual Property: Authors and Publishers Negotiating the WWW." Computers and Composition 15.2 (1998): 145-162.

^ Digital Copyright: Protecting Intellectual Property on the Internet .

^ Bettig, Ronald V. Copyrighting Culture: The Political Economy of Intellectual Property.

The guidelines apply mutatis mutandis to the extent possible.[66]

Definition of "copy"

There are different approaches to the issue of what is a "copy" of a copyright-protected work. For example, several important rights under United States copyright law exist only for "copies" of works—material objects in which the work is embodied.[67] .A three-dimensional counterpart of a two-dimensional drawing is usually not a "copy" of the drawing, under United States copyright law.^ "From Rights in Copies to Copyright: The Recognition of Authors' Rights in English Law and Practice in the Sixteenth and Seventeenth Centuries."

^ "Timeline: A History of Copyright in the United States."

^ "Protecting Folklore Under Modern Intellectual Property Regimes: A Reappraisal of the Tensions Between Individual and Communal Rights in Africa and the United States."

Thus, the copyright in a drawing of the approach to the Triboro Bridge is not infringed when the bridge approach is built.[68]
The copyright law of England is different: a copyright in a drawing is infringed by manufacture of the depicted object.[69] As the House of Lords held in British Leyland Motor Corp. v. Armstrong Patents Co., the manufacture of a tailpipe corresponding to a blueprint of the tailpipe infringes the copyright in the blueprint, and unless a defense applies (as it did in that case) the tailpipe "copyist" is liable for copyright infringement damages.

See also

Treaties and International Agreements

Sui generis

References

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  55. ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 7. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s. 
  56. ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 8. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s. 
  57. ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 10–11. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s. 
  58. ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 11. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s. 
  59. ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 16. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s. 
  60. ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 101. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s. 
  61. ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 7. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s. 
  62. ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 8. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s. 
  63. ^ a b WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 7. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s. 
  64. ^ a b c Kenneth L. Port (2005). Licensing Intellectual Property in the Information Age (2nd ed.). p. 425-566. ISBN 0-89089-890-1. 
  65. ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 7. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s. 
  66. ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 78. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s. 
  67. ^ See 17 U.S.C. § 101 (defining "copy").
  68. ^ See Muller v. Triboro Bridge Authority, 43 F. Supp. 298 (S.D.N.Y. 1942).
  69. ^ See LB (Plastics) Ltd. v. Swish Products Ltd., [1979] R.P.C. 551, [1979] F.S.R. 145 (H.L.). Excerpted version available at Swish.

Further reading

  • Dowd, Raymond J. (2006). Copyright Litigation Handbook (1st ed. ed.). Thomson West. ISBN 0314962794. 
  • Gantz, John & Rochester, Jack B. (2005). Pirates of the Digital Millennium. Financial Times Prentice Hall. ISBN O-13-146315-2. 
  • Ghosemajumder, Shuman. Advanced Peer-Based Technology Business Models. .MIT Sloan School of Management, 2002.
  • Lehman, Bruce: Intellectual Property and the National Information Infrastructure (Report of the Working Group on Intellectual Property Rights, 1995)
  • Lindsey, Marc: Copyright Law on Campus. Washington State University Press, 2003. ISBN 978-0-87422-264-7.
  • Mazzone, Jason.^ Copyright, Intellectual Property, Print Culture: A bibliography for composition and rhetoric R ebecca M oore H oward The Writing Program Syracuse University I also use CiteULike and del.icio.us for bibliographic work.

    ^ Digital Copyright: Protecting Intellectual Property on the Internet .

    ^ Bettig, Ronald V. Copyrighting Culture: The Political Economy of Intellectual Property.

    Copyfraud. http://ssrn.com/abstract=787244
  • Nimmer, Melville; David Nimmer (1997). Nimmer on Copyright. Matthew Bender. ISBN 0-8205-1465-9. 
  • Patterson, Lyman Ray (1968). .Copyright in Historical Perspective.^ Copyright in Historical Perspective .

    Vanderbilt University Press. ISBN 0826513735.
     
  • Pievatolo, Maria Chiara. .Publicness and Private Intellectual Property in Kant's Political Thought.^ Bettig, Ronald V. Copyrighting Culture: The Political Economy of Intellectual Property.

    ^ Sell, S. K. Power and Ideas: North-South Politics of Intellectual Property and Antitrust .

    ^ Sell, S. K. "Private Power, Public Law: The Globalization of Intellectual Property Rights."

    http://bfp.sp.unipi.it/~pievatolo/lm/kantbraz.html
  • Silverthorne, Sean. Music Downloads: Pirates- or Customers?. Harvard Business School Working Knowledge, 2004.
  • Sorce Keller, Marcello. "Originality, Authenticity and Copyright", Sonus, VII(2007), no. 2, pp. 77–85.
  • Steinberg, S.H. & Trevitt, John (1996). .Five Hundred Years of Printing (4th ed.^ Steinberg, S.H. Five Hundred Years of Printing .

    ed.). London and New Castle: The British Library and Oak Knoll Press. ISBN 1-884718-19-1.
     
  • Story, Alan; Darch, Colin & Halbert, Deborah, ed (2006). The Copy/South Dossier: Issues in the Economics, Politics and Ideology of Copyright in the Global South [1]. Copy/South Research Group. ISBN 978-0-9553140-1-8. 

External links

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Quotes

Up to date as of January 14, 2010

From Wikiquote

.Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information.^ Copyright protects only expression, not ideas.
  • FAQ about Copyright -- Chilling Effects Clearinghouse 19 January 2010 8:49 UTC www.chillingeffects.org [Source type: Reference]

^ Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ A copyright protects expression but not ideas.
  • An Economic Analysis of Copyright Law 12 September 2009 7:31 UTC cyber.law.harvard.edu [Source type: Original source]

.At its most general, it is literally "the right to copy" an original creation.^ At its most general, it is literally “the right to copy” an original creation.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ To generalize, when either the cost of making equivalent copies is higher for the copier than for the creator or the copier’s product is a poor substitute for the original, the originator will be able to charge a price greater than his marginal cost, even without legal protection.
  • An Economic Analysis of Copyright Law 12 September 2009 7:31 UTC cyber.law.harvard.edu [Source type: Original source]

^ Still, we would expect the copier’s average cost to be lower than the creator’s because it will not include the author’s time or the cost of soliciting and editing the original manuscript.
  • An Economic Analysis of Copyright Law 12 September 2009 7:31 UTC cyber.law.harvard.edu [Source type: Original source]

.In most cases, these rights are of limited duration.^ In most cases, these rights are of limited duration.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

Sourced

  • I was in the pub last night, and a guy asked me for a light for his cigarette. .I suddenly realised that there was a demand here and money to be made, and so I agreed to light his cigarette for 10 pence, but I didn't actually give him a light, I sold him a license to burn his cigarette.^ The school realizes some teachers are making some money elsewhere and suddenly demands a cut.
    • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

    My fire-license restricted him from giving the light to anybody else, after all, that fire was my property. He was drunk, and dismissing me as a loony, but accepted my fire (and by implication the licence which governed its use) anyway. Of course in a matter of minutes I noticed a friend of his asking him for a light and to my outrage he gave his cigarette to his friend and pirated my fire! .I was furious, I started to make my way over to that side of the bar but to my added horror his friend then started to light other people's cigarettes left, right, and centre!^ The spammers have shown us the way -- they broke the net and we should too, since two wrongs make a right.

    ^ One is licensing the original work on condition that the licensee not make copies of it or disclose it to others in a way that would enable them to make copies.
    • An Economic Analysis of Copyright Law 12 September 2009 7:31 UTC cyber.law.harvard.edu [Source type: Original source]

    ^ On the other hand- I bet 25% or more of my readers blog themsleves and are pretty much in the dark about acceptible usage of other people’s content on the web.
    • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

    Before long that whole side of the bar was enjoying MY fire without paying me anything. Enraged I went from person to person grabbing their cigarettes from their hands, throwing them to the ground, and stamping on them. .Strangely the door staff exhibited no respect for my property rights as they threw me out the door.^ They point out that Kirby worked out of his own house as a freelancer with no contract or employment agreement.
    • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

    ^ If copyright protection depended on originality, authors and publishers would find it hard to know in advance of litigation whether they actually had a property right.
    • An Economic Analysis of Copyright Law 12 September 2009 7:31 UTC cyber.law.harvard.edu [Source type: Original source]

    ^ They have no real understanding of the subtleties of the law, or arguments about artists' rights or any of that.
    • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

  • If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it.^ The viral nature of the internet along with increases in technology have made it increasingly easy for others to borrow or steal another’s work.
    • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

    ^ Introduce one section that's even more ridiculous and outrageous than the sections you really want passed, and then let all the complaints and press coverage focus on that more ridiculous section.
    • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

    ^ First, for many types of intellectual property some price discrimination may be possible because individual works are not perfect substitutes and arbitrage is preventable.
    • An Economic Analysis of Copyright Law 12 September 2009 7:31 UTC cyber.law.harvard.edu [Source type: Original source]

    .Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it.^ Because "counterfeiting" is one of those words that no one wants to be in favor of.
    • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

    He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. .That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation.^ The viral nature of the internet along with increases in technology have made it increasingly easy for others to borrow or steal another’s work.
    • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

    ^ Love also pointed out that in what's been leaked in ACTA, what you basically have is all the stuff from previous agreements (WIPO and TRIPS) that the copyright industry liked -- but without the consumer protections that were built into both agreements.
    • Copyright stories at Techdirt. 19 January 2010 8:49 UTC techdirt.com [Source type: General]

    ^ Copyright and Intellectual Property While some people take issue with the concept of intellectual property and believe that all content should be free, I don’t count myself among them.
    • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

    Inventions then cannot, in nature, be a subject of property.

External links

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Genealogy

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From Familypedia

.Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information.^ Copyright protects only expression, not ideas.
  • FAQ about Copyright -- Chilling Effects Clearinghouse 19 January 2010 8:49 UTC www.chillingeffects.org [Source type: Reference]

^ Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ A copyright protects expression but not ideas.
  • An Economic Analysis of Copyright Law 12 September 2009 7:31 UTC cyber.law.harvard.edu [Source type: Original source]

.At its most general, it is literally "the right to copy" an original creation.^ Nothing we say on the pages of this site should be construed in any way as affecting the right to make copies of such other sites or in and of itself creating a right to make copies of such other sites.
  • OpenRasMol Copyrights 19 January 2010 8:49 UTC www.openrasmol.org [Source type: Reference]

^ Under the United States Copyright Act found at Title 17 of the U.S. Code, a creator of original materials is granted a package of exclusive rights, the entire package of which is generally referred to as the creator's "copyrights."
  • General Rightsholder FAQs - Copyright.com 19 January 2010 8:49 UTC www.copyright.com [Source type: Reference]

^ Since building upon the advances of others is often necessary for further advancement in most endeavors, this purpose is in apparent direct conflict to the rights of authors to control or even prevent the copying of their original expression.
  • Copyright Fundamentals for Genealogy 19 January 2010 8:49 UTC www.pddoc.com [Source type: Original source]

.In most cases, these rights are of limited duration.^ In most cases, these rights are of limited duration.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

^ But instead of requiring us to get written permission from copyright owners in each of these cases, copyright law provides limitations and exceptions to creators’ rights, so that ordinary uses of the work aren’t hampered, and information and expression can flow freely.

^ Be advised, in most cases, public performers use what is entitled Publicity Rights and do not allow the unlicensed use of their likeness on anything (including personal websites, fansites, etc.

.The symbol for copyright is ©, and in some jurisdictions may alternatively be written as either (c) or (C).^ COPYRIGHT INFORMATION Please note that all of our symbols and pictures of those symbols, along with all of our other designs, pictures, and other information on these websites, are COPYRIGHTED designs and may NOT be copied, scanned, nor reproduced without the written permission of University Apparel, Inc.
  • FRATERNAL REGALIA by University Apparel, Inc. 19 January 2010 8:49 UTC www.fraternalregalia.com [Source type: FILTERED WITH BAYES]

^ The duration of copyright also differs in some jurisdictions.
  • Creative Commons Canada - Canadian Copyright 19 January 2010 8:49 UTC creativecommons.ca [Source type: Original source]

^ Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to particular Users.
  • Discovery Channel :: Copyright 19 January 2010 8:49 UTC dsc.discovery.com [Source type: General]
  • Discovery Health :: Copyright 19 January 2010 8:49 UTC health.discovery.com [Source type: General]

.Copyright law covers only the form or manner in which ideas or information have been manifested, the "form of material expression". It is not designed or intended to cover the actual idea, concepts, facts, styles, or techniques which may be embodied in or represented by the copyright work.^ Works protected by copyright law are as follows: 1.
  • IRAN: Copyright Law 12 September 2009 7:31 UTC www.parstimes.com [Source type: Original source]

^ Copyright only exists in artworks that have material form - there is no copyright in ideas ....
  • Google Answers: Copyright Law 12 September 2009 7:31 UTC answers.google.com [Source type: Original source]

^ Works which have not been fixed in a tangible form of expression are not subject to copyright.

.For example, the copyright which subsists in relation to a Mickey Mouse cartoon prohibits unauthorized parties from distributing copies of the cartoon or creating derivative works which copy or mimic Disney's particular anthropomorphic mouse, but does not prohibit the creation of artistic works about anthropomorphic mice in general, so long as they are sufficiently different to not be deemed imitative of the original.^ The Copyright Act prevents the unauthorized copying of a work of authorship.
  • Copyright Law - Guide to Copyright Law 12 September 2009 7:31 UTC www.hg.org [Source type: Original source]

^ In general, they own the copyrights to their works.
  • Frequently Asked Questions about Copyright | Indiana University 19 January 2010 8:49 UTC copyright.iu.edu [Source type: FILTERED WITH BAYES]

^ Work derived from copyrighted works is a copyright violation.
  • Copyright Explained: I May Copy It, Right? - Smashing Magazine 19 January 2010 8:49 UTC www.smashingmagazine.com [Source type: FILTERED WITH BAYES]

.In some jurisdictions, copyright law provides scope for satirical or interpretive works which themselves may be copyrighted.^ The duration of copyright also differs in some jurisdictions.
  • Creative Commons Canada - Canadian Copyright 19 January 2010 8:49 UTC creativecommons.ca [Source type: Original source]

^ Copyright law protects "works of authorship."

^ Some works are not protected under United States copyright law.
  • Copyright Law and Education 12 September 2009 7:31 UTC www.ed.uiuc.edu [Source type: Original source]

.Other laws may impose legal restrictions on reproduction or use where copyright does not - such as trademarks and patents.^ All proprietary rights, other than copyright, such as patent rights.
  • Library System - Howard University: Assist: Guides: Copyright 19 January 2010 8:49 UTC www.howard.edu [Source type: Reference]

^ "If it does not have a copyright notice on it, it is not copyrighted - so I can use it freely."
  • The seven deadly myths about Internet Copyright. 19 January 2010 8:49 UTC webnet77.com [Source type: General]

^ How is a copyright different from a patent or a trademark?
  • U.S. Copyright Office - Frequently Asked Questions 19 January 2010 8:49 UTC www.copyright.gov [Source type: General]

.Copyright laws are standardized through international conventions such as the Berne Convention in some countries and are required by international organizations such as European Union or World Trade Organization from their member states.^ It has been very influential in the development of copyright laws in other civil law jurisdictions, and in the development of international copyright law such as the Berne Convention.
  • Copyright Law - Guide to Copyright Law 12 September 2009 7:31 UTC www.hg.org [Source type: Original source]

^ Some works are not protected under United States copyright law.
  • Copyright Law and Education 12 September 2009 7:31 UTC www.ed.uiuc.edu [Source type: Original source]

^ No international copyright law exists that will protect a work in every country of the world.
  • Copyright Law - Guide to Copyright Law 12 September 2009 7:31 UTC www.hg.org [Source type: Original source]

Contents

Trans-national copyright law

.The Berne Convention provides for national treatment of other countries' copyright.^ Is my copyright good in other countries?
  • U.S. Copyright Office - Frequently Asked Questions 19 January 2010 8:49 UTC www.copyright.gov [Source type: General]

^ Your copyright is valid in all countries that adhere to the Berne Convention.
  • How Do I Copyright My Photo? 19 January 2010 8:49 UTC www.photosecrets.com [Source type: FILTERED WITH BAYES]

^ Therein was established a "principle of national treatment" granting broad international copyright protection to the citizens of the participating countries.

.In other words, France must treat a work that is copyrighted in the UK as if it were copyrighted in France.^ Orphan works are books or other materials that are still covered by U.S. copyright law, but it is not clear who owns the rights to them.
  • Germany: Google book deal violates copyright law 12 September 2009 7:31 UTC uk.biz.yahoo.com [Source type: News]

^ UK terms of copyright for literary, dramatic, musical or artistic work are set at the life of the author plus 70 years, and at 50 years from the date of recording for sound recordings.
  • Rhizome | copyright 19 January 2010 8:49 UTC rhizome.org [Source type: General]

^ A final technicality requires that there must be a connection between the creator of a protected work and either Canada or a member of any number of other international trade or copyright treaties, including the Berne Convention.
  • Creative Commons Canada - Canadian Copyright 19 January 2010 8:49 UTC creativecommons.ca [Source type: Original source]

.The regulations of the Berne Convention are incorporated into the World Trade Organization's TRIPS agreement, thus making the Berne Convention practically world-wide.^ With the world seemingly becoming smaller every day, the United States took a look at its stance on the European copyright treaty known as the Berne Convention.

^ With the establishment of the Berne Convention and the World Intellectual Property Organization (WIPO), copyright treaties were written to define international elements of copyright protection.

^ The cost of expression does not enter into the making of copies because, once the work is created, the author’s efforts can be incorporated into another copy virtually without cost.
  • An Economic Analysis of Copyright Law 12 September 2009 7:31 UTC cyber.law.harvard.edu [Source type: Original source]

Obtaining and enforcing copyright

.Typically, a work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended).^ The duration of copyright also differs in some jurisdictions.
  • Creative Commons Canada - Canadian Copyright 19 January 2010 8:49 UTC creativecommons.ca [Source type: Original source]

^ While copyright doesnt extend to facts, the facts may be expressed in an original fashion.
  • Copyright Fundamentals for Genealogy 19 January 2010 8:49 UTC www.pddoc.com [Source type: Original source]

^ Minimal Creativity: The work must include something that is above and beyond the original.
  • Copyright and Fair Use - Information & Library Services - UMUC 19 January 2010 8:49 UTC www.umuc.edu [Source type: Reference]

.Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some 'skill, originality and work' which has gone into it.^ There have always been unspecific but sensible limits to this principle – you generally can't, for example, “quote” another’s work by reprinting it in its entirety, even if you threw in a few new words of your own (on the other hand, if the original work was only a few paragraphs long, you might even be able to do that in some circumstances).
  • Copyright | Citizen Media Law Project 19 January 2010 8:49 UTC www.citmedialaw.org [Source type: FILTERED WITH BAYES]

^ The United States of America provides the right and the protection of and to "Original Works of Authorship" and certain intellectual property works.
  • Victory Seeds  --  Web site copyright, trademark, and use page 19 January 2010 8:49 UTC www.victoryseeds.com [Source type: FILTERED WITH BAYES]

^ That is: Who created the work When the work was created When it was first distributed commercially A work is considered original in the copyright sense if it is an original creation of the author and was not copied from some preexisting work.
  • International Copyright Law - Internet Copyright Law 12 September 2009 7:31 UTC www.clearleadinc.com [Source type: FILTERED WITH BAYES]

.However, even fairly trivial amounts of these qualities are sufficient for determining whether a particular act of copying constitutes an infringement of the author's original expression.^ The Act deems a fair amount to copy as: .
  • Copies Direct - Copyright | National Library of Australia 19 January 2010 8:49 UTC www.nla.gov.au [Source type: Reference]

^ Do these acts constitute a copyright infringement?
  • Copyright : Web Site Policies : DAILY YOMIURI ONLINE (The Daily Yomiuri) 19 January 2010 8:49 UTC www.yomiuri.co.jp [Source type: Reference]

^ These principles include, but are not limited to: determinations of the purpose and character of the use; the nature of the work; the amount and substantiality of the portion used in relation to the entire work; and, the effect of the derived work on the market for the original.
  • Creative Commons Canada - Canadian Copyright 19 January 2010 8:49 UTC creativecommons.ca [Source type: Original source]

.In Australia and the United Kingdom it has been held that a single word is insufficient to comprise a copyright work (single words or a string of words (usually less than eight) in the UK can be registered as "Trade Marks" instead).^ Up to 10% or 3 minutes, whichever is less, from a single copyrighted work.
  • Copyright 19 January 2010 8:49 UTC lrs.ed.uiuc.edu [Source type: Reference]

^ Up to 10% or 1000 words, whichever is less, from a single copyrighted work.
  • Copyright 19 January 2010 8:49 UTC lrs.ed.uiuc.edu [Source type: Reference]

^ The U.S. Copyright Act provides for statutory damages not less than $750 and up to $30,000 per copyrighted work, all of which can be substantially increased if the infringement was willful.
  • WisconsinEye: Copyright 19 January 2010 8:49 UTC www.wiseye.org [Source type: FILTERED WITH BAYES]

.In the United States, copyright has been made automatic (in the style of the Berne Convention) since March 1, 1989, which has had the effect of making it appear to be more like a property right.^ The effect of this Convention in the United States has always been unclear.
  • Facts: Copyright Law Amendment, 1996 19 January 2010 8:49 UTC www.loc.gov [Source type: FILTERED WITH BAYES]

^ It was required in the U.S. before 1989, but adoption of the Berne Convention removed this requirement, as copyright is now automatic.
  • How Do I Copyright My Photo? 19 January 2010 8:49 UTC www.photosecrets.com [Source type: FILTERED WITH BAYES]

^ Like United States law, international copyright has time limits.
  • Copyright Law and Education 12 September 2009 7:31 UTC www.ed.uiuc.edu [Source type: Original source]

.It is important to understand that absence of the copyright symbol does not mean that the work is not covered by copyright.^ However, the absence of a copyright notice does not change the fact that a work is copyrighted.
  • The seven deadly myths about Internet Copyright. 19 January 2010 8:49 UTC webnet77.com [Source type: General]

^ It's important to note what is not covered by copyright.
  • How Do I Copyright My Photo? 19 January 2010 8:49 UTC www.photosecrets.com [Source type: FILTERED WITH BAYES]

^ Recent changes in Copyright Term Extension Act allow libraries to use certain works in their last 20 years of protection What Does it Mean to Owners?
  • Copyright Law in the Electronic Environment (Faculty) 19 January 2010 8:49 UTC www.utsystem.edu [Source type: Reference]

.The work once created from originality through 'mental labor' is instantaneously considered copyrighted to that person.^ The copyright in a work vests originally in the author(s) of the work.
  • FAQ about Copyright -- Chilling Effects Clearinghouse 19 January 2010 8:49 UTC www.chillingeffects.org [Source type: Reference]

^ Typically, when you create an original work, you own the copyright.
  • Microsoft - Information on Terms of Use 19 January 2010 8:49 UTC www.microsoft.com [Source type: FILTERED WITH BAYES]

^ The original image is in copyright to its creator.

The exclusive rights of the copyright holder

Several exclusive rights typically attach to the holder of a copyright:
  • to produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
  • to import or export the work
  • to create derivative works (works that adapt the original work)
  • to perform or display the work publicly
  • to sell or assign these rights to others
  • to transmit or display by means of digital audio transmission (XM Satellite Radio, Sirius)
.The phrase "exclusive right" means that only the copyright holder is free to exercise the attendant rights, and others are prohibited using the work without the consent of the copyright holder.^ Copyright owners are, by law, deemed to consent to fair use of their works by others.

^ Fair use is the most significant limitation on the copyright holder's exclusive rights.
  • Copyright and Fair Use - Information & Library Services - UMUC 19 January 2010 8:49 UTC www.umuc.edu [Source type: Reference]

^ Fair use means that if I'm using it for educational purposes, I can do whatever I want with a copyrighted work, right?

.Copyright is often called a "negative right", as it serves to prohibit people (e.g.^ There exists a provision of the Copyright Act called Fair Use which limits the copyright holder's rights in order to promote free speech and learning.
  • Copyright 19 January 2010 8:49 UTC lrs.ed.uiuc.edu [Source type: Reference]

^ An example is copyright, which grants a copyright holder a negative right to exclude others from exploiting his or her artistic or creative work.
  • FAQ about Copyright -- Chilling Effects Clearinghouse 19 January 2010 8:49 UTC www.chillingeffects.org [Source type: Reference]

^ In Canada, most exceptions to the exclusive rights of copyright holders are called "fair dealing" rights.
  • Creative Commons Canada - Canadian Copyright 19 January 2010 8:49 UTC creativecommons.ca [Source type: Original source]

readers, viewers, or listeners, and primarily publishers and would be publishers) from doing something, rather than permitting people (e.g. authors) to do something.

Fair use and fair dealing

.See wikipedia:Fair use.^ See "Definitions: Fair Use" for clarification.

^ Fair use determinations (see below) do sometimes depend on the involvement of money.
  • 10 Big Myths about copyright explained 19 January 2010 8:49 UTC www.templetons.com [Source type: Original source]

^ Licenses don't trump fair use, but if you want to do more than fair use allows, look at the terms of the license to see what it permits and what, if anything, it requires you to do in return.
  • FAQ about Copyright -- Chilling Effects Clearinghouse 19 January 2010 8:49 UTC www.chillingeffects.org [Source type: Reference]

.This page uses Creative Commons Licensed content from Wikipedia (view authors).^ Content is available under a Creative Commons License .
  • Copyright - Uncyclopedia, the content-free encyclopedia 19 January 2010 8:49 UTC uncyclopedia.wikia.com [Source type: FILTERED WITH BAYES]

^ Except where otherwise noted , this site is licensed under a Creative Commons Attribution 2.5 Canada Licence .
  • Creative Commons Canada - Canadian Copyright 19 January 2010 8:49 UTC creativecommons.ca [Source type: Original source]

^ Any statements made on EDUCAUSE Web services reflect only the views of their authors, and reliance on any such content is at your own risk.
  • Copyright | EDUCAUSE 19 January 2010 8:49 UTC www.educause.edu [Source type: Reference]

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This article uses material from the "Copyright" article on the Genealogy wiki at Wikia and is licensed under the Creative Commons Attribution-Share Alike License.

Simple English

File:Copyright
Copyright symbol.

A copyright is a law that gives the owner of a written document, musical composition, book, picture, or other creative work, the right to decide what other people can do with it. Copyright laws make it easier for authors to make money by selling their works. Because of copyright, a work can only be copied if the owner of the copyright gives permission.

People who copy a work that is protected under copyright without permission can be punished by the law, usually with a fine. In other, more serious cases, a person who copies a work that is protected under copyright could be arrested and go to prison.

Contents

Who owns copyright?

In most countries, authors automatically own the copyright to any work they make or create, as long as they do not give the copyright to someone else.

In most countries, there is no need to register the copyright, and some countries do not even have procedures to register copyrights. But, in countries where registration is available, without registration, it may be difficult to prove that the copyright of a work belongs to a certain author. So it is often a good idea to register anyway, especially for works that are sold for money.

If an author gets paid to make a work for someone else, the person who pays for making the work (for example, the author's employer) will often get to own the copyright instead of the author him- or herself. For example if a person working for a company like Microsoft creates a new computer software program at work, the Microsoft company would own the copyright.

Length of copyright protection

Copyright laws usually protect the owner of copyright for their entire lifetime, such as until 50 years after the author's death. This period has now been extended to 70 years in most cases.[1] When the period of copyright protection has ended, the written document, musical composition, book, picture, or other creative work is in the public domain. This means that no one owns the copyright to them, and everyone is free to copy, use and change them without having to ask for permission or pay the owner.

Fair Use

There is an exception to the rules of copyright, called fair use. This means that people can copy a very small amount of a work to use in reviews or in research reports.

An example of fair use is when newspaper writers quote several sentences from a copyright-protected document to tell the story. Another example of "fair use" is when a university professor quotes several sentences from a copyright-protected book in a review of the book, or in a research report.

Copyright in different countries

Different countries have different copyright laws. Most of the differences are about:

  • whether or not the government's work falls under copyright,
  • how much longer copyright lasts after the author dies or after the work is created or published, and
  • what is and what is not fair use.

Because of these differences, a certain piece of work may be under copyright in one country, and in the public domain in another.

Problems with copyright

Creativity

Some people argue that copyright laws make it easier for people to make new works and think of new ideas. After all, if authors get to make money for the time, effort and money they put in, then they will want to make more works later, and make more money.

But others believe that copyright laws make it harder to be creative. Without copyright, other people could reuse existing work, and copyright law often stops that.

Publisher control

If an author wants to sell a work, it's often easiest to give the copyright to a publisher. The publisher will do all the selling, and in return for that service, will keep part of the money. But the publisher has many different things to sell, and they may not want to sell the work the author made. Authors often find it very hard to find a publisher willing to sell their work.

But without a publisher, it can be even harder for an author to sell his or her work. In many markets, a few big publishers own the copyrights to almost everything available, and stores will not want to sell works published by small authors themselves. Many people say copyright law helps big publishers stay in control, and keeps smaller authors out of the market.

Open content

As a solution to these problems, groups of small authors have come up with the idea of open content. With open content, authors give everyone permission to copy, change and give away or sell their works, as long as they follow certain rules. These rules are explained in an open content license. Some possible open content rules are:

  1. If a person changes the work, or if a person makes a new derivative work based on it, they must give the original author credit (they must say who wrote it).
  2. If a person publishes the changed or derivative piece of work, they must let others use it under the same free license.
  3. Under some licenses, a person cannot sell the piece of work or use it to make money.

The term for Open Content is sometimes Copyleft.

Other pages

References

  1. "Publication Right, Database Right". http://www.ipo.gov.uk/cdpact1988.pdf. 


Citable sentences

Up to date as of December 14, 2010

Here are sentences from other pages on Copyright, which are similar to those in the above article.








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