From Wikipedia, the free encyclopedia
"Copyrighting" redirects here. For the use of words to promote or advertise something, see
Copywriting.
"Copyrights" redirects here. For Wikipedia policy about copyright issues, see Wikipedia:Copyrights.
.^ 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.
.^ 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.
.^ 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]
.^ The US Copyright Law grants rights to individuals for the works they create.
.^ 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 .
.^ 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]
.^ 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."
.^ 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."
Justification
The British
Statute of Anne was the first act to directly protect the rights of authors.
[2] .^ 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]
.^ 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
.^ 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.
.^ 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.
.^ 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].^ Ginsburg, Jane C. "A Tale of Two Copyrights: Literary Property in Revolutionary France and America."
.^ 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...
.^ "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]
.^ 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.
.^ 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] .^ 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
.^ 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] .^ Gif Copyright Office Q&A A guide to copyrighting creative works in Q&A format.
.^ "Languages, Books, and Reading from the Printed Word to the Digital Text."
[10]
.^ 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.
.^ 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.
.^ 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].^ 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]
.^ 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
Main article:
related rightsRelated 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] .^ 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
Early European printers' monopoly
.^ 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] .^ 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 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].^ "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
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.
.^ 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 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 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.
.^ 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 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]
.^ 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.
.^ 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]
.^ 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] .^ 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]
.^ 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.
.^ 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] .^ 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 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]
.^ 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.
.^ "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].^ 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.
.^ 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.
.^ 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.
.^ 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]
.^ 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 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] .^ 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].^ "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."
.^ 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]
.^ 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. .^ 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).
.^ 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 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].^ 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.
.^ 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)).
.^ 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]
.^ 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]
.^ 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.
.^ 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.
.^ 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.
.^ 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 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] .^ 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)
.^ 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.
.^ 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]
.^ 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)).
.^ "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].^ 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] .^ 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]
.^ 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 |
|
|
.^ International Copyright Law and the Publisher in the Reign of Queen Victoria .
.^ 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] .^ 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.
.^ 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
.^ 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]
.^ 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]
.^ 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
Main article:
copyright termCopyright 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.
.^ "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.
.^ "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.
.^ 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
Main articles:
Fair use and
Fair dealingCopyright does not prohibit all copying or replication.
.^ 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:
- the purpose and character of the use;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- 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.
.^ 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).
.^ "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.
.^ "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.
.^ 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.
.^ "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
.^ Green, Stuart P. "Plagiarism, Norms, and the Limits of Theft Law: Some Observations on the Use of Criminal Sanctions in Enforcing Intellectual Property Rights."
.^ "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.
.^ "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] .^ "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].^ 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.
.^ "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] .^ "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
- ^ a b Brad, Sherman; Lionel Bently (1999). The making of modern intellectual property law: the British experience, 1760-1911. Cambridge University Press. pp. 207. ISBN 9780521563635. http://www.google.com/books?id=u2aMRA-eF1gC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ a b Broussard, Sharee L. (September 2007). The copyleft movement: creative commons licensing. Communication Research Trends.
- ^ Article I, Section 8, Clause 8, United States Constitution
- ^ "Copyright and Related Rights". World Intellectual Property Organisation. http://www.wipo.int/copyright/en/. Retrieved 7 February 2010.
- ^ Coyle, Michael (23 April 2002). "The History of Copyright". Lawdit. http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/The%20History%20of%20Copyright.htm. Retrieved 6 March 2010.
- ^ Brad, Sherman; Lionel Bently (1999). The making of modern intellectual property law: the British experience, 1760-1911. Cambridge University Press. pp. 19. ISBN 9780521563635. http://www.google.com/books?id=u2aMRA-eF1gC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ " property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley, Property, Intellectual Property, and Free Riding, Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4.
- ^ Peter K, Yu (2007). Intellectual Property and Information Wealth: Copyright and related rights. Greenwood Publishing Group. pp. 345–346. ISBN 9780275988838. http://www.google.com/books?id=tgK9BzcF5WgC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ a b c d Peter K, Yu (2007). Intellectual Property and Information Wealth: Copyright and related rights. Greenwood Publishing Group. pp. 346. ISBN 9780275988838. http://www.google.com/books?id=tgK9BzcF5WgC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ a b WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 17. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s.
- ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 9. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s.
- ^ Simon, Stokes (2001). Art and copyright. Hart Publishing. pp. 48–49. ISBN 9781841132259. http://www.google.com/books?id=h-XBqKIryaQC&dq=idea-expression+dichotomy&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ The way ahead – A Strategy for Copyright in the Digital Age. Intellectual Property Office and Department for Business Innovation & Skills. October 2009. pp. 10. http://www.ipo.gov.uk/c-strategy-digitalage.pdf.
- ^ MacQueen, Hector L; Charlotte Waelde and Graeme T Laurie (2007). Contemporary Intellectual Property: Law and Policy. Oxford University Press. pp. 38. ISBN 9780199263394. http://www.google.com/books?id=_Iwcn4pT0OoC&dq=contemporary+intellectual+property&source=gbs_navlinks_s.
- ^ MacQueen, Hector L; Charlotte Waelde and Graeme T Laurie (2007). Contemporary Intellectual Property: Law and Policy. Oxford University Press. pp. 34. ISBN 9780199263394. http://www.google.com/books?id=_Iwcn4pT0OoC&dq=contemporary+intellectual+property&source=gbs_navlinks_s.
- ^ de Sola Pool, Ithiel (1983). Technologies of freedom. Harvard University Press. pp. 14. ISBN 9780674872332. http://www.google.com/books?id=BzLXGUxV4CkC&pg=PA15&dq=Areopagitica+freedom+of+speech+britain&lr=&as_brr=3&cd=36#v=onepage&q=&f=false.
- ^ MacQueen, Hector L; Charlotte Waelde and Graeme T Laurie (2007). Contemporary Intellectual Property: Law and Policy. Oxford University Press. pp. 34. ISBN 9780199263394. http://www.google.com/books?id=_Iwcn4pT0OoC&dq=contemporary+intellectual+property&source=gbs_navlinks_s.
- ^ de Sola Pool, Ithiel (1983). Technologies of freedom. Harvard University Press. pp. 14. ISBN 9780674872332. http://www.google.com/books?id=BzLXGUxV4CkC&pg=PA15&dq=Areopagitica+freedom+of+speech+britain&lr=&as_brr=3&cd=36#v=onepage&q=&f=false.
- ^ MacQueen, Hector L; Charlotte Waelde and Graeme T Laurie (2007). Contemporary Intellectual Property: Law and Policy. Oxford University Press. pp. 34. ISBN 9780199263394. http://www.google.com/books?id=_Iwcn4pT0OoC&dq=contemporary+intellectual+property&source=gbs_navlinks_s.
- ^ MacQueen, Hector L; Charlotte Waelde and Graeme T Laurie (2007). Contemporary Intellectual Property: Law and Policy. Oxford University Press. pp. 34. ISBN 9780199263394. http://www.google.com/books?id=_Iwcn4pT0OoC&dq=contemporary+intellectual+property&source=gbs_navlinks_s.
- ^ Sanders, Karen (2003). Ethics & Journalism. Sage. pp. 66. ISBN 9780761969679. http://www.google.com/books?id=bnpliIUyO60C&dq=Areopagitica+freedom+of+speech+britain&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ de Sola Pool, Ithiel (1983). Technologies of freedom. Harvard University Press. pp. 15. ISBN 9780674872332. http://www.google.com/books?id=BzLXGUxV4CkC&pg=PA15&dq=Areopagitica+freedom+of+speech+britain&lr=&as_brr=3&cd=36#v=onepage&q=&f=false.
- ^ de Sola Pool, Ithiel (1983). Technologies of freedom. Harvard University Press. pp. 15. ISBN 9780674872332. http://www.google.com/books?id=BzLXGUxV4CkC&pg=PA15&dq=Areopagitica+freedom+of+speech+britain&lr=&as_brr=3&cd=36#v=onepage&q=&f=false.
- ^ a b MacQueen, Hector L; Charlotte Waelde and Graeme T Laurie (2007). Contemporary Intellectual Property: Law and Policy. Oxford University Press. pp. 34. ISBN 9780199263394. http://www.google.com/books?id=_Iwcn4pT0OoC&dq=contemporary+intellectual+property&source=gbs_navlinks_s.
- ^ Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. pp. 13. ISBN 9781845422820. http://www.google.com/books?id=dMYXq9V1JBQC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. pp. 13–14. ISBN 9781845422820. http://www.google.com/books?id=dMYXq9V1JBQC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ a b Jonathan, Rosenoer (1997). Cyberlaw: the law of the internet. Springer. pp. 34. ISBN 9780387948324. http://www.google.com/books?id=HlG2esMIm7kC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. pp. 14. ISBN 9781845422820. http://www.google.com/books?id=dMYXq9V1JBQC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. pp. 19. ISBN 9781845422820. http://www.google.com/books?id=dMYXq9V1JBQC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ Rimmer, Matthew (2007). Digital copyright and the consumer revolution: hands off my iPod. Edward Elgar Publishing. pp. 4. ISBN 9781845429485. http://www.google.com/books?id=1ONyncVruj8C&dq=statute+of+anne+copyright+scotland&as_brr=3&source=gbs_navlinks_s.
- ^ Marshall, Lee (2006). Bootlegging: romanticism and copyright in the music industry. Sage. pp. 15. ISBN 9780761944904. http://www.google.com/books?id=25luX89BlA0C&dq=statute+of+anne+copyright+scotland&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ Ronan, Deazley (2006). Rethinking copyright: history, theory, language. Edward Elgar Publishing. pp. 24. ISBN 9781845422820. http://www.google.com/books?id=dMYXq9V1JBQC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ Jonathan, Rosenoer (1997). Cyberlaw: the law of the internet. Springer. pp. 34–35. ISBN 9780387948324. http://www.google.com/books?id=HlG2esMIm7kC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ a b c d Peter K, Yu (2007). Intellectual Property and Information Wealth: Copyright and related rights. Greenwood Publishing Group. pp. 141–142. ISBN 9780275988838. http://www.google.com/books?id=tgK9BzcF5WgC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ Peter K, Yu (2007). Intellectual Property and Information Wealth: Copyright and related rights. Greenwood Publishing Group. pp. 142. ISBN 9780275988838. http://www.google.com/books?id=tgK9BzcF5WgC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ a b c Peter K, Yu (2007). Intellectual Property and Information Wealth: Copyright and related rights. Greenwood Publishing Group. pp. 143. ISBN 9780275988838. http://www.google.com/books?id=tgK9BzcF5WgC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
- ^ a b c d MacQueen, Hector L; Charlotte Waelde and Graeme T Laurie (2007). Contemporary Intellectual Property: Law and Policy. Oxford University Press. pp. 37. ISBN 9780199263394. http://www.google.com/books?id=_Iwcn4pT0OoC&dq=contemporary+intellectual+property&source=gbs_navlinks_s.
- ^ a b MacQueen, Hector L; Charlotte Waelde and Graeme T Laurie (2007). Contemporary Intellectual Property: Law and Policy. Oxford University Press. pp. 39. ISBN 9780199263394. http://www.google.com/books?id=_Iwcn4pT0OoC&dq=contemporary+intellectual+property&source=gbs_navlinks_s.
- ^ http://www.med.govt.nz/templates/ContentTopicSummary____34357.aspx
- ^ a b "What is ACTA?". Electronic Frontier Foundation (EFF). http://www.eff.org/issues/acta. Retrieved 1 december 2008.
- ^ Geiger, Andrea (2008-04-30). "A View From Europe: The high price of counterfeiting, and getting real about enforcement". The Hill. http://thehill.com/business--lobby/a-view-from-europe-the-high-price-of-counterfeiting-and-getting-real-about-enforcement-2008-04-30.html. Retrieved 2008-05-27.
- ^ a b Pilieci, Vito (2008-05-26). "Copyright deal could toughen rules governing info on iPods, computers". Vancouver Sun. http://www.canada.com/vancouversun/story.html?id=ae997868-220b-4dae-bf4f-47f6fc96ce5e&p=1. Retrieved 2008-05-27.
- ^ "Proposed US ACTA multi-lateral intellectual property trade agreement (2007)". Wikileaks. 22 May 2008. http://wikileaks.org/w/index.php?title=Proposed_US_ACTA_multi-lateral_intellectual_property_trade_agreement_%282007%29&oldid=29522.
- ^ Jason Mick (23 May 2008). "Wikileaks Airs U.S. Plans to Kill Pirate Bay, Monitor ISPs With Multinational ACTA Proposal". DailyTech. http://www.dailytech.com/article.aspx?newsid=11870.
- ^ Weeks, Carly (2008-05-26). "Anti-piracy strategy will help government to spy, critic says". The Globe and Mail. http://www.theglobeandmail.com/servlet/story/LAC.20080526.COPYRIGHT26//TPStory/National. Retrieved 2008-05-27.
- ^ 17 U.S.C. § 305
- ^ The Duration of Copyright and Rights in Performances Regulations 1995, part II, Amendments of the UK Copyright, Designs and Patents Act 1988
- ^ Nimmer, David (2003). Copyright: Sacred Text, Technology, and the DMCA. Kluwer Law International. p. 63. ISBN 978-9041188762. OCLC 50606064. http://books.google.com/books?id=RYfRCNxgPO4C.
- ^ 17 U.S.C. § 107
- ^ International comparison of Educational "fair use" legislation
- ^ FAPL v. Ploni, September 2, 2009
- ^ a more thorough analysis of the FAPL v. Ploni decision
- ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 15. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s.
- ^ WIPO Guide on the Licensing of Copyright and Related Rights. World Intellectual Property Organisation. 2004. pp. 100. ISBN 9789280512717. http://www.google.com/books?id=LvRRvXBIi8MC&dq=copyright+transfer+and+licensing&as_brr=3&source=gbs_navlinks_s.
- ^ 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.
- ^ 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.
- ^ 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.
- ^ 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.
- ^ 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.
- ^ 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.
- ^ 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.
- ^ 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.
- ^ 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.
- ^ a b c Kenneth L. Port (2005). Licensing Intellectual Property in the Information Age (2nd ed.). p. 425-566. ISBN 0-89089-890-1.
- ^ 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.
- ^ 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.
- ^ See 17 U.S.C. § 101 (defining "copy").
- ^ See Muller v. Triboro Bridge Authority, 43 F. Supp. 298 (S.D.N.Y. 1942).
- ^ 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. .
- 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 .
Vanderbilt University Press. ISBN 0826513735.
- Pievatolo, Maria Chiara. .^ 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). .^ 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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