NationMaster - Encyclopedia: Copyright symbol

Copyright is a set of exclusive rights granted by governments to regulate the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is ©, and in some jurisdictions may alternately be written (c). Image File history File links Scale_of_justice. ... In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain types of information, ideas, or other intangibles in their expressed form. ... 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. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... In intellectual property law, the idea-expression divide is the principle which states that the function of the law is to protect the fixed expression or manifestation of an idea, rather than the fundamental concept or information which gives rise to the idea. ... A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and... The history of patents and patent laws is generally considered to have started in Italy with a Venetian Statute of 1474. ... Within the context of a national or multilateral body of law, an invention is patentable or, in other words, it satisfies the patentability requirements if it meets the legal conditions to be granted a patent. ... Sufficiency of disclosure refers to the legal requirement that the description of an invention in a patent contain specific information about the invention. ... In law, a patent infringement occurs when the subject-matter claimed in a patent has been utilized by someone other than the rightholder, without the owners approval or in disagreement with the terms of use given by the owner. ... A trademark or trade mark[1] is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. ... Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorisation of the trademark owner or any licensees (provided that such authorization was within the scope of the license). ... Passing off is a common law tort which can be used to enforce unregistered trademark rights. ... Dilution is a trademark law concept forbidding the use of a famous trademark in a way that would lessen its uniqueness. ... A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. ... Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. ... A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession. ... Pronunciation SOO-eye jen-ER-ihs Sui generis is a (post) Latin expression, literally meaning of its own kind/genus or unique in its characteristics. ... Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1997. ... A mask work is a two or three-dimensional layout of an integrated circuit (IC), i. ... Plant breeders rights, also known as plant variety rights (PVR), are intellectual property rights granted to the breeder of a new variety of plant. ... In European Union member countries, a supplementary protection certificate (SPC) is a sui generis, patent-like, intellectual property right. ... Traditional knowledge (TK), indigenous knowledge (IK), and local knowledge generally refer to the matured long-standing traditions and practices of certain regional, indigenous, or local communities. ... Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. ... Image File history File links Copyright. ... Image File history File links Copyright. ... An exclusive right, as the name suggests, is the legal power to prohibit, or exclude, all others from taking a certain action. ...

Copyright may subsist in a wide range of creative, intellectual, or artistic forms or "works". These include poems, theses, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts of live and other performances, and, in some jurisdictions, industrial designs. Copyright is a type of intellectual property; designs or industrial designs may be a separate or overlapping form of intellectual property in some jurisdictions. Poetry (ancient Greek: poieo = create) is an art form in which human language is used for its aesthetic qualities in addition to, or instead of, its notional and semantic content. ... Look up thesis in Wiktionary, the free dictionary. ... It has been suggested that this article or section be merged into theatre. ... Look up book in Wiktionary, the free dictionary. ... Film refers to the celluloid media on which movies are printed. ... Choreography literally dance-writing, also known as dance composition), is the art of making structures in which movement occurs, the term composition may also refer to the navigation or connection of these movement structures. ... Music is a form of expression in the medium of time using the structures of tones and silence. ... Methods and media for sound recording are varied and have undergone significant changes between the first time sound was actually recorded for later playback until now. ... The examples and perspective in this article or section may not represent a worldwide view. ... Drawing is a means of making an image, using any of a wide variety of tools and techniques. ... An Italian Futurist sculpture by Umberto Boccioni at the Museum of Modern Art in New York City (MoMA). ... Photography is the process of making pictures by means of the action of light. ... A screenshot of computer software in action. ... The word broadcast can refer to: Broadcasting, the transmission of audio and video signals. ... The term jurisdiction has more than one sense. ... Industrial Design is an applied art whereby the aesthetics and usability of products may be improved. ... In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain types of information, ideas, or other intangibles in their expressed form. ... In the context of the applied arts, engineering, architecture and other such creative endeavours, design is both a noun and a verb. ... Industrial Design is an applied art whereby the aesthetics and usability of products may be improved. ...

Copyright law covers only the particular 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. Copyright law provides scope for satirical or interpretive works which themselves may be copyrighted. See idea-expression divide. In intellectual property law, the idea-expression divide is the principle which states that the function of the law is to protect the fixed expression or manifestation of an idea, rather than the fundamental concept or information which gives rise to the idea. ...

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 imitative of the original. Other laws may impose legal restrictions on reproduction or use where copyright does not - such as trademarks and patents. Mickey Mouse is a comic animal cartoon character who has become a symbol for The Walt Disney Company. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The Walt Disney Company (most commonly known as Disney) (NYSE: DIS) is one of the largest media and entertainment corporations in the world. ... Anthropomorphism, also referred to as personification or prosopopeia, is the attribution of human characteristics to inanimate objects, animals, forces of nature, and others. ... A trademark or trade mark[1] is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. ... A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and...

History of copyright

Authors, patrons, and owners of works throughout the ages have tried to direct and control how copies of such works could be used once disseminated to others. Mozart's patron, Baroness von Waldstätten, allowed his compositions created for her to be freely performed, while Handel's patron (George I, the first of the Hanoverian kings) jealously guarded "Water Music." This article needs to be cleaned up to conform to a higher standard of quality. ... Generally, patronage is the act of supporting or favoring some person, group, or institution. ... Wolfgang Amadeus Mozart Wolfgang Amadeus Mozart (January 27, 1756 – December 5, 1791) was one of the most significant and influential of all composers of Western classical music. ... HANDEL was the code-name for the UKs National Attack Warning System in the Cold War. ... The Water Music is a collection of orchestral movements, often considered as three suites, composed by George Frideric Handel. ...

Two major developments in the fourteenth and fifteenth centuries seem to have provoked the development of modern copyright. First, the expansion of mercantile trade in major European cities and the appearance of the secular university helped produce an educated bourgeois class interested in the information of the day. This helped spur the emergence of a public sphere, which was increasingly served by entrepreneurial stationers who produced copies of books on demand. Second, Gutenberg's development of movable type and the development and spread of the printing press made mass reproduction of printed works quick and much cheaper than ever before. The process of copying a work could be nearly as labor intensive and expensive as creating the original, and was largely relegated to monastic scribes before printing. It appears that publishers, rather than authors, were the first to seek restrictions on the copying of printed works. Given that publishers commonly now obtain the copyright from the authors as a condition of mass reproduction of a work, one of the criticisms of the current system is that it benefits publishers more than it does authors. This is one of the chief arguments in favor of peer-to-peer file sharing systems, making an analogy with the changes wrought by printing. Western Illinois University A university is an institution of higher education and of research, which grants academic degrees at all levels (bachelor, master, and doctorate) in a variety of subjects. ... Bourgeois at the end of the thirteenth century. ... A concept in continental philosophy and critical theory, the public sphere contrasts with the private sphere, and is the part of life in which one is interacting with others and with society at large. ... This article or section is missing references or citation of sources. ... The printing press is a mechanical device for printing many copies of a text on rectangular sheets of paper. ... The printing press is a mechanical device for printing many copies of a text on rectangular sheets of paper. ... Labor intensity is the relative proportion of labor (compared to capital) used in a process. ... Illustration of a 15th century scribe This is about scribe, the profession. ... 1. ... The word author has several meanings: The author of a book, story, article or the like, is the person who has written it (or is writing it). ... A peer-to-peer (or P2P) computer network is a network that relies on the computing power and bandwidth of the participants in the network rather than concentrating it in a relatively few servers. ...

An interesting attempt at copyright in the early modern period was the notice attached to the ha- Shirim asher li-Shelomo , a setting of the Psalms by the composer Salomone Rossi, which happened to be the first music to be printed with a Hebrew type-face text (1623). It included a rabbinical curse on anyone who copied the contents. Psalms (Hebrew: Tehilim, ×ª×”×™×œ×™×) is a book of the Hebrew Bible or Tanakh. ... Salamone Rossi (about 1570 â€“ about 1630) was an Italian violinist and composer of the Jewish faith. ... Events August 6 - Pope Urban VIII is elected to the Papacy. ... Rabbi (Classical Hebrew ×¨Ö´×‘Ö´Ö¼×™ ribbÄ«;; modern Ashkenazi and Israeli ×¨Ö·×‘Ö´Ö¼×™ rabbÄ«) in Judaism, means teacher, or more literally great one. The word Rabbi is derived from the Hebrew root-word RaV, which in biblical Hebrew means great or distinguished, (in knowledge). In the ancient Judean schools (and among Sefaradim today) the sages...

While governments had previously granted monopoly rights to publishers to sell printed works, the modern concept of limited duration copyright originated in 1710 with the British Statute of Anne. This statute first accorded exclusive rights to authors (ie, creators) rather than publishers, and it included protections for consumers of printed work ensuring that publishers could not control their use after sale. It also limited the duration of such exclusive rights to 28 years, after which all works would pass into the public domain. In economics, a monopoly (from the Latin word monoplium - Greek language Greek monos, one + polein, to sell) is defined as a persistent market situation where there is only one provider of a kind of product or service. ... The Statute of Anne (short title Copyright Act 1709 8 Anne c. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...

There were territorial loopholes in the 1710 Act. It did not extend to all British territories, but only covered England, Scotland, and Wales. Many reprints of British copyright works were consequently issued both in Ireland and in North American colonies, without any license from the copyright holder required. These works were frequently issued without payment to British copyright holders, so they were cheaper than London editions. They were popular with book-buyers, but were not piracies in the formal sense of the word, being within the law. The term was used, however. It is important to note that in Ireland and North America there were reprint publishers who sought out formal arrangements with and made payments to British copyright holders. This illicit reprint trade was also engaged in by some Scottish publishers, and Scottish reprints constituted formal piracies, so those publishers were sometimes prosecuted. Irish reprints became a matter of great concern to London publishers. Their reprints undermined direct sales to Ireland. They also crossed the border into England, and were especially sold in English provincial markets which were becoming increasingly important to London publishers throughout the period. Booksellers who sold these reprints in England, Scotland, and Wales were subject to prosecution.

There was, between 1710-1774, legal debate about what length of time was meant in the 1710 act.

Publishers in Scotland, in the 1730's, began to reprint titles that they no longer considered to be covered by copyright. Scottish publishers printed what they perceived to be public domain English works whose copyright had expired. They sold these titles in Scotland, and in the English provinces. English publishers objected to this, on the basis of what they saw as common-law rights and property (under the concept of common-law rights in the English system), which predated the Copyright Act. Under common-law rights, rights in published works were held to continue into perpetuity.

The case of Donaldson vs Beckett, in 1774, brought disagreements on the length of copyright to an end, and changed common law in this regard. The outcome of the case resulted in the decision that Parliament could, and had, put a limit on copyright length. This decision reflected a shift in English ideas of copyright. The English lords who made the decision in 1774 decided that it was not in the public's best interest to have London publishers control books in perpetuity, particularly as English publishers not uncommonly kept prices higher than otherwise. There were some notions that this was a cultural or class issue, in that works in perpetual copyright were seen to have limited access by some citizens to the cultural history of their own land.

Concepts of the roles of the author and publisher, of copyright law, and of general Enlightenment notions, all interacted in this period of copyright development. Authors had been previously seen to be divinely inspired in some sense. Patronage was a legitimate way to support authors, in part because of this. Authors who were paid, rather than entering into patron-relationships, were often regarded as hacks, and looked down upon. However, the notion of individual genius was becoming more common during the 1770's (the generation after Donaldson v Beckett), and being a paid author therefore became more accepted.

In Great Britain's North American colonies, reprinting British copyright works without permission had long happened episodically, but only became a major feature of colonial life after perhaps 1760. It became more commonplace to reprint British works in the colonies (mostly in the 13 North American colonies). The impetus for this shift came from Irish and Scottish master printers and booksellers who had moved to the North American colonies in the mid 1700's. They were already familiar with the practice of reprinting and selling British copyright works, and continued the practice in North America, and it became a major part of the North American printing and publishing trade. Robert Bell was an example. He was originally Scottish, and had spent almost a decade in Dublin before he moved to British North America in 1768. His operations, and those of many other colonial printers and booksellers, ensured that the practice of reprinting was well-established by the time of the American Declaration of Independence in 1776. Weakened American ties to Britain coincided with the increase of reprinting outside British copyright controls.

The Irish also made a flourishing business of shipping reprints to the North America in the 18th century. Ireland's ability to reprint freely ended in 1801 when Ireland's Parliament merged with Great Britain, and the Irish became subject to British copyright laws.

The printing of uncopyrighted English works for the English-language market also occurred in other European countries. The British government responded to this problem in two ways: 1) it amended its own copyright statutes in 1842, explicitly forbidding import of any foreign reprint of British copyrighted work into the UK or its colonies, and 2) it began the process of reciprocal agreements with other countries (for example, in Britain, Prussian copyright would be respected; in Prussia, vice versa) � the first being Prussia, in 1846. The US remained outside this arrangement for some decades, to the irritation of such authors as Dickens on the one hand, and Mark Twain on the other. Dickens redirects here. ... Samuel Langhorne Clemens (November 30, 1835 â€“ April 21, 1910), better known by his pen name Mark Twain, was an American humorist, novelist, writer, and lecturer. ...

The 1886 Berne Convention first established recognition of copyrights among sovereign nations, rather than merely bilaterally. Under the Berne Convention, copyrights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" a copyright in countries adhering to the Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the copyright expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto the Convention. The Berne Convention for the Protection of Literary and Artistic Works, sometimes called the Berne Union or Berne Convention, adopted at Berne in 1986, first established the recognition of copyrights between sovereign nations. ... A creative work is a tangible manifestation of creative effort such as literature, paintings, software, and this article. ...

The USA did not initially sign the Berne Convention and would not do so until 1989, however many European countries did. The UK signed on in 1887, on behalf of itself and its colonies, but did not implement large parts of it in British law until 100 years later, with the introduction of the Copyright, Designs and Patents Act of 1988.

Europe

French copyright laws

The French "copyright" law is not based on the concept of controlling copies, but on the "Rights of the Author". The droit dauteur, or French copyright law, developed in the eighteenth century, at the same time as copyright developed in the United Kingdom. ... The French law on authors rights and related rights in the information society (loi sur le droit dauteur et les droits voisins dans la sociÃ©tÃ© de linformation, generally abbreviated as DADVSI) is a bill reforming French copyright law in order to implement the 2001 European directive...

In modern times, on December 8, 2005, the Grande Instance de Paris Court concluded that file sharing through peer-to-peer was not a crime [1]. The sentence was based on the right to "private copy" described in the Intellectual Property Code which includes the use of digital media [2].

On March 17, 2006, the DADVSI Act, implementing - with some modifications - the 2001 European Union Copyright directive, was voted by the National Assembly. The DADVSI act makes peer-to-peer sharing of copyrighted works an offense, and forbids fair use of purchased private copies, though it still exists for other cases, such as tape recording. The French law on authors rights and related rights in the information society (loi sur le droit dauteur et les droits voisins dans la sociÃ©tÃ© de linformation, generally abbreviated as DADVSI) is a bill reforming French copyright law in order to implement the 2001 European directive... The European Union (EU) directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, commonly known as the EU Copyright Directive or short EUCD, is the EUs implementation... The Palais Bourbon, front The French National Assembly (French: AssemblÃ©e nationale) is one of the two houses of the bicameral Parliament of France under the Fifth Republic. ... A peer-to-peer (or P2P) computer network is a network that relies on the computing power and bandwidth of the participants in the network rather than concentrating it in a relatively few servers. ... 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. ... Compact audio cassette Magnetic tape is a non-volatile storage medium consisting of a magnetic coating on a thin plastic strip. ...

United Kingdom copyright methodology

British law states that an individual's work is placed under copyright law as soon as it leaves that person's mind and is placed in some physical form, be it a painting, a musical work written in manuscript or an architectural schematic. Once in physical form, as long as it is an original work (in the sense of not having been copied from an existing work, rather than in the sense of being novel or unique), copyright in that work is automatically vested in (i.e. owned by) the person who put the concept into material form. There may be exceptions to this rule, depending on the nature of the work, whether it was created in the course of employment and the purposes for which the work was created. The current copyright law of the United Kingdom is to be found in the Copyright, Designs and Patents Act of 1988 (the 1988 Act), with later amendments. ...

Evidentiary issues may arise if the person who authored a work has only their word to prove that the work is original and their own work. The author of an unpublished manuscript or little-known publication, which is remarkably similar to a popular novel, will have an uphill battle convincing a court that the popular novel infringes the copyright in their obscure work. Taking some precautionary steps may help to establish independent creation and authorship.

For example, when a web designer designs a webpage (based upon his own work) under a contract for services, the webmaster owns the copyright in at least the underlying code of that website. A common and simple practice to obtain evidence in favour of authorship is to place the copyright material in an envelope or package together with a document signed by several people stating that they have examined the work prior to it being sealed and that in their opinion it is original. Once this is done the package is mailed to the owner by recorded delivery, which helps to establish when the work was created, who the originator of the work is and that there are signatory validators prepared to state that it is original. Once this process is complete the package and contents may be able to be usable in a court of law as evidence of date of creation (and so priority) if necessary.

Spanish copyright law

The Spanish "copyright" is regulated in the Intellectual Property Law[3] formulated in 1987 and amended in 1996. Currently, the copyright holds during the lifetime of the author plus 70 years. It always assigns copyright to the author and he or she is not allowed to disclaim it.

The law explicitly allows the right to make private copies of copyrighted work without the author's consent for published audiovisual works if the copy is not for commercial use. To compensate authors, the law establishes a compensatory tax associated with certain recording media (CDs, DVDs, cassettes), managed through societies of authors and editors (as SGAE and CEDRO). Some consumer's associations and specialized lawyers contend that the current legislation allows file sharing (as with p2p networks) as this is not for profit and is for private use [4][5]. Additionally, the Penal Code explicitly requires the intention of commercial profit in order to commit a crime against the Intellectual Property [6]. Sociedad General de Autores y Editores (SGAE) is a Spanish organization for the rights of authors and publishers. ...

United States copyright law

An author's exclusive right to his creation is mandated in the US Constitution in Article I, Section 8, Clause 8, also known as the Intellectual Property Clause, which also gives Congress the power to enact statutes: 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. United States copyright law governs the legally enforceable rights of creative and artistic works in the United States. ... The United States Constitution is the supreme law of the United States of America. ... Congress in Joint Session. ...

Congress first exercised this power with the enactment of the Copyright Act of 1790, and has changed and updated copyright statutes several times since. The Copyright Act of 1976, though it has been modified since its enactment, is currently the basis of copyright law in the United States. The Copyright Act of 1790 was the first Federal copyright act to be instituted in the United States, though most of the states had passed legislation protecting literary rights in the years immediately following the Revolution. ... The Copyright Act of 1976 is a landmark statute in United States copyright legislation and remains the primary basis of copyright law in the United States. ...

The length of the copyright term within the United States was extended by the Sonny Bono Copyright Term Extension Act which made the copyright term the life of the author plus 70 years for works created after January 1st, 1978. In the case of a work of corporate authorship (a.k.a. "Work for Hire") the term will be 95 years from the date of first publication or 120 years from the date of creation, whichever expires first. This legislation was challenged in court and affirmed by the US Supreme Court in the landmark copyright decision, Eldred v. Ashcroft (2003), in which the Supreme Court agreed that the length of the copyright term (ie, during which the copyright holder has a monopoly on its exploitation) could be extended by Congress after the original act of creation and beginning of the copyright term, as long as the extension itself was limited instead of perpetual. The duration of U.S. copyright for works created before 1978 is a complex matter; however, works published before 1923 are all in the public domain. The Sonny Bono Copyright Term Extension Act of 1998 extended copyright terms in the United States by 20 years. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Eldred v. ...

Copyrights and the United States Government

17 U.S.C. § 105, withholds copyright from all publications produced by the United States Government, and its agents or employees while in their employment. All such work is therefore in the public domain in some sense. The specific language is as follows: The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal Law of the United States. ...

However, nothing in the law prohibits the United States Government from limiting commercial access to any work produced under 17 U.S.C. § 105, and there are specific prohibitions against automatic access to work otherwise covered under 17 U.S.C. § 105 for commercial purposes.

USA Federal Statutes are in the public domain and no copyright attaches to them. The same is true of court decisions. It is not difficult to see the motivations behind this: The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...

The decisions of the courts, and legislation, would ensure that laws would be subject to copyright law, in some respects. The American threshold for copyright coverage does contain requirements of both originality and creativity. According to the United States Supreme Court in Harper & Row Publishers Inc v Nation Enterprises, a work “must be original to the author”. The United States Supreme Court has also interpreted Article I, § 8, cl 8 of the United States Constitution as requiring “independent creation plus a modicum of creativity”. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...

In the United States of America the exclusion of legislation from the scope of copyright laws dates to 1834, when the Supreme Court interpreted the first federal copyright laws and held that “no reporter has or can have any copyright in the written opinions delivered by this Court“. In the same case it was argued – and accepted by the Court – that “it would be absurd, for a legislature to claim the copyright; and no one else can do it, for they are the authors, and cause them to be published without copyright … Statutes were never copyrighted.” Further, “it is the bounden duty of government to promulgate its statutes in print”. Counsel emphasised the governing policy that “all countries … subject to the sovereignty of the laws” hold the promulgation of the laws, from whatever source, “as essential as their existence.” “If either statutes or decisions could be made private property, it would be in the power of an individual to shut out the light by which we guide our actions.” (Wheaton v Peters, 33 US (8 Pet) 591, 668 (1834))

That the public interest is the primary determinant is clear from Banks v Manchester (128 US 244, 9 S Ct 36 (1888)). In this the United States Supreme Court denied a copyright to a court reporter in opinions of the Ohio Supreme Court, on the grounds that “There has always been a judicial consensus, from the time of the decision in the case of Wheaton v Peters, that no copyright could, under the statutes passed by Congress, be secured in the products of the labour done by judicial officers in the discharge of their judicial duties. The whole work done by the judges constitutes the authentic exposition and interpretation of the law, which, binding every citizen, is free for publication to all, whether it is a declaration of unwritten law, or an interpretation of a constitution or statute.” The Ohio Supreme Court is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. ... A congress is a gathering of people, especially a gathering for a political purpose. ...

The law, as thus (widely) defined, is in the public domain, and therefore not amenable to copyright. In Howell v Miller, (91 F 129 (1898)) Justice Harlan denied an injunction sought for the compiler of Michigan statutes, holding that “no one can obtain the exclusive right to publish the laws of the state in a book prepared by him.” The question of formal ownership of the text of laws and decisions is perhaps secondary to the question of the dissemination of the law. Official language(s) None (English, de-facto) Capital Lansing Largest city Detroit Area Ranked 11th - Total 97,990 sq mi (253,793 kmÂ²) - Width 239 miles (385 km) - Length 491 miles (790 km) - % water 41. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ...

Australian Copyright Law

Main article Australian copyright law Australian Copyright Law is based on the Berne Convention for the Protection of Literary and Artistic Works and defines copyright in Australia. ...

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). 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. 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. In Australia, it has been held that a single word is insufficient to comprise a copyright work.

In the United States, copyright has relatively recently been made automatic (in the style of the Berne Convention), which has had the effect of making it appear to be more like a property right. Thus, as with property, a copyright need not be granted or 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 letter), the copyright holder is entitled to enforce his or her exclusive rights. However, while a copyright need not be officially registered for the copyright owner to begin exercising his exclusive rights, registration of works (where the laws of that jurisdiction provide for registration) does have benefits; it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees (whereas in the USA, for instance, registering after an infringement only enables one to receive actual damages and lost profits). The original holder of the copyright may be the employer of the actual author rather than the author himself if the work is a "work for hire". Again, this principle is widespread; in English law the Copyright Designs and Patents Act 1988 provides that where a work in which copyright subsists is made by an employee in the course of that employment, the copyright is automatically assigned to the employer. Prima facie (PRY-muh-FAY-shee; -shuh) is a Latin expression meaning at first sight, used in common law jurisdictions to denote evidence that is sufficient, if not rebutted, to prove a particular proposition of fact. ... Statutory damages for copyright infringement are available under some countries copyright laws. ... A work for hire is an exception to the general rule that the person who creates a work is the author of that work. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ...

Copyrights are generally enforced by the holder in a civil law court, but there are also criminal infringement statutes. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as the RIAA are, more and more, targeting the file sharing home Internet user. Thus far however, these cases have usually been settled outside of court, with demands of payment of several thousand dollars accompanied by nothing more than a threat to sue the file sharer, which will be ruinous to many defendants in practice, thus such cases rarely make their way to civil law courts. In the common law, civil law refers to the area of law governing relations between private individuals. ... The Recording Industry Association of America (RIAA) is a special interest group representing the U.S. recording industry, and the body responsible for certifying gold and platinum albums and singles in the USA. For more information about sales data see list of best selling albums and list of best selling... File sharing is the activity of making files available to other users for download over the Internet, but also over smaller networks. ...

It is important to understand that absence of the copyright symbol does not mean that the work is not covered by copyright. The work once created from originality through 'mental labor' is instantaneously considered copyrighted to that person.

Use of a copyright notice - constituted of a letter c inside a circle (i.e., ©), or an parenthetical lower case c, or the word "copyright", each followed by the year(s) of the copyright and the name of the copyright holder - was part of previous United States statutory requirements, but since 1989, when the U.S. adhered to the Berne Convention, the use of copyright notices has become optional to claim copyright, as the Berne Convention makes copyright automatic. However, notice of copyright (using these marks) does have consequences in terms of allowable damages in an infringement lawsuit in some places. The Berne Convention for the Protection of Literary and Artistic Works, sometimes called the Berne Union or Berne Convention, adopted at Berne in 1986, first established the recognition of copyrights between sovereign nations. ...

The phrase All rights reserved was once a necessary formal notice that all rights granted under existing copyright law are retained by the copyright holder and that legal action may be taken against copyright infringement. It was provided as a result of the Buenos Aires Convention of 1910, which required some statement of reservation of rights to grant international coverage in all the countries that were signatory to that convention. While it is commonplace to see it, this notice is now superfluous, as every country that is a member of the Buenos Aires Convention is also a member of the Berne Convention, which hold a copyright to be valid in all signatory states without any formality of notice. All rights reserved was a formal notice that all rights granted under existing copyright law (ie. ... Copyright symbol. ... Copyright infringement (also known as piracy) is the unauthorized use of copyrighted material in a manner that violates one of the copyright owners exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. ... The Buenos Aires Convention was a treaty proposed in 1910 which provided for copyright protection in all countries that were signatory to the convention, for a work created in any member country, where the work carries a notice containing a statement of reservation of rights. ... The Berne Convention for the Protection of Literary and Artistic Works, sometimes called the Berne Union or Berne Convention, adopted at Berne in 1986, first established the recognition of copyrights between sovereign nations. ...

This phrase is sometimes still used even on some documents to which the original author does not retain all rights granted by copyright law, such as works released under a copyleft license. It is, however, only a habitual formality and is unlikely to have legal consequences. To meet Wikipedias quality standards, this article or section may require cleanup. ...

The exclusive rights of the copyright holder

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 is often called a "negative right", as it serves to prohibit people (e.g. readers, viewers, or listeners, and primarily publishers and would be publishers) from doing something, rather than permitting people (e.g. authors) to do something. In this way it is similar to the unregistered design right in English law and European law. The rights of the copyright holder also permit him/her to not use or exploit their copyright for its duration. This means an author can choose to exploit their copyright for some of the duration and then not for the rest, vice versa, or entirely one or the other. To meet Wikipedias quality standards, this article or section may require cleanup. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... The European Union is unique among international organizations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ...

There is however a critique which rejects this assertion as being based on a philosophical interpretation of copyright law as an entity, and is not universally shared. There is also debate on whether copyright should be considered a property right or a moral right. Many argue that copyright does not exist merely to restrict third parties from publishing ideas and information, and that defining copyright purely as a negative right is incompatible with the public policy objective of encouraging authors to create new works and enrich the public domain. This page deals with property as ownership rights. ... Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. ...

The right to adapt a work means to transform the way in which the work is expressed. Examples include developing a stage play or film script from a novel; translating a short story; and making a new arrangement of a musical work.

Limits and exceptions to copyright

The expression limitations and exceptions to copyright refers to situations in which the exclusive rights granted to authors (or their asignees) under copyright law do not apply. ...

Idea-expression dichotomy and the merger doctrine

A copyright covers the expression of an idea, not the idea itself — this is called the idea/expression or fact/expression dichotomy. For example, if a book is written describing a new way to organize books in a library, a copyright does not prohibit a reader from freely using and describing that concept to others; it is only the particular expression of that process as originally described that is covered by copyright. One might be able to obtain a patent for the method, but that is a different area of law. Compilations of facts or data may also be copyrighted, but such a copyright is thin; it only applies to the particular selection and arrangement of the included items, not to the particular items themselves. In some jurisdictions the contents of databases are expressly covered by statute. In intellectual property law, the idea-expression divide is the principle which states that the function of the law is to protect the fixed expression or manifestation of an idea, rather than the fundamental concept or information which gives rise to the idea. ... A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and...

In some cases, ideas may be capable of intelligible expression in only one or a limited number of ways. Therefore even the expression in these circumstances is not covered. In the United States this is known as the merger doctrine, because the expression is considered to be inextricably merged with the idea. Merger is often pleaded as an affirmative defense to charges of infringement. That doctrine is not necessarily accepted in other jurisdictions. The phrase merger doctrine is a term of law that actually occurs in several different legal areas. ... An affirmative defense is a defense used in litigation between private parties in common law jurisdictions. ...

The 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 of their licensee 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 which 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. The first-sale doctrine is an exception to copyright codified in the US Copyright Act, section 109. ... Exhaustion of rights, or the doctrine of exhaustion, is a concept in intellectual property law whereby an intellectual property owner will lose or exhaust certain rights after the first use of the subject matter which is the subject of intellectual property rights. ... The Compact Disc logo was inspired by that of the previous Compact Cassette. ... The first-sale doctrine is an exception to copyright codified in the US Copyright Act, section 109. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... A bookstore. ... Parallel importation (also known as participation in the grey market) is an issue of intellectual property and international trade. ... Aftermarket (automotive), the term aftermarket can refer to the addition of non-factory parts, accessories and upgrades to a motor vehicle. ... Exhaustion of rights, or the doctrine of exhaustion, is a concept in intellectual property law whereby an intellectual property owner will lose or exhaust certain rights after the first use of the subject matter which is the subject of intellectual property rights. ... A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and... A trademark or trade mark[1] is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. ...

In addition, copyright, in most cases, does not prohibit one from acts such as modifying, defacing, or destroying his or her own legitimately obtained copy of a copyrighted work, so long as duplication is not involved. However, in countries that implement moral rights, a copyright holder can in some cases successfully prevent the mutilation or destruction of a work that is publicly visible. Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. ...

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. Section 107, permits some copying and distribution without permission of the copyright holder or payment to same. The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. 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 copyright material can be legally copied or adapted without the copyright holder's consent. Fair dealing uses are research and study; review and criticism; news reportage and the giving of professional advice (ie 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. Other technical exemptions from infringement may also apply, such as the temporary reproduction of a work in machine readable form (eg, in an information technology storage system). 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. ... Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations. ... The Copyright Act of 1976 is a landmark statute in United States copyright legislation and remains the primary basis of copyright law in the United States. ... The Commonwealth of Nations, usually known as The Commonwealth, is an association of 53 independent sovereign states, almost all of which are former territories of the British Empire. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... Bold textJAMES CHECKLEY Legislation (or statutory law) is law which has been promulgated (or enacted) by a legislature or other governing body. ... Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations. ...

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. Audio Home Recording Act of 1992 (AHRA) amended the US Copyright Act by adding chapter 10 DIGITAL AUDIO RECORDING DEVICES AND MEDIA. The act was prompted by the release of the Sony Digital Audio Tape (DAT). ...

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. An appellate court has held that fair use is not a defense to engaging in such distribution. The Digital Millennium Copyright Act (DMCA) is a controversial United States copyright law. ...

It is absolutely vital to remember that copyright regimes can and do differ between countries, even countries which both adhere to the same copyright Convention. It would be dangerous to assume that an activity permitted by the laws of one country is necessarily permitted elsewhere.

Critiques

Critics of copyright as a whole fall broadly into two camps: Those who assert that the very concept of copyright has never been of net benefit to society, and has always served simply to enrich a few at the expense of creativity; and those who assert that the existing copyright regime must be reformed to maintain its relevance in the new Information society. The French droit d'auteur ("Rights of the Author"), which influenced the 1886 Berne Convention for the Protection of Literary and Artistic Works, must also be noted as a significant alternative to the usual Anglo-Saxon concept of copyright. // Overview The philosophy of copyright has several aspects. ... This article is about a new type of society called an Information Society. ... The droit dauteur, or French copyright law, developed in the eighteenth century, at the same time as copyright developed in the United Kingdom. ... The Berne Convention for the Protection of Literary and Artistic Works, sometimes called the Berne Union or Berne Convention, adopted at Berne in 1986, first established the recognition of copyrights between sovereign nations. ...

Among the latter group, there are also some who continue to agree with copyright as a way to grant authors rights, but feel that it "outlives its welcome" by granting copyright for too long (eg, far beyond the lifetime of the author), and is therefore of little direct benefit to him or her. The prolongation of copyright term is commonly attributed to effective corporate lobbying, based on a desire for the continuance of a profitable monopoly. In the US, this is often phrased as a conspiracy to 'control the Mouse' (meaning Mickey Mouse, a copyrighted character controlled by the Disney Company and who would have moved into the public domain save for such an extension). Lobbying is the professional practice of public affairs advocacy, with the goal of influencing a governing body by promoting a point of view. ...

To many critics, the general problem is that the current (international) copyright system undermines its own goal (Boyle 1996, 142). The concepts of the public domain and the intrinsic freedom of information are necessary precepts for creators to be able to build on published expression. But these are gradually being eroded, as copyright terms are repeatedly extended to last beyond the lifetime of the audience which experienced and knows of the original work. The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...

Other copyright scholars believe that, regardless of contemporary advances in technology, copyright remains the fundamental way by which authors, sculptors, artists, musicians and others can fund the creation of new works, and that absent legal protection of their material interests, many valuable books and artworks would not be created. They remind us that the alternative to the modern, market-driven copyright system was the patronage of governments and aristocracies, with obvious great potential for the patrons to limit and censor the kinds of works being produced. The public interest is, arguably, served even by repeated extension of copyright terms to encompass multiple generations beyond the copyright holder's life, not only because many "authors" and copyright holders are corporations with the ability to make new investments in older works (e.g., the restoration of old movies), but also because the right of an author's heirs to continue to profit from a copyrighted work may provide a substantial part of the incentive to create. Another effect of the repeated extension of copyright term is that current authors are shielded from competition from a wide public domain. By the time works currently enter the public domain, they have almost always become obsolete (though the persistent publication and sale of classic literature is a notable exception).

The recent success of free software projects such as GNU/Linux, Mozilla Firefox, and the Apache web server has demonstrated that quality works can be created even in the absence of a copyright-enforced monopoly rent [8]. Instead, these products use copyright to enforce their license terms, which are designed to ensure the free nature of the work, rather than securing exclusive rights for the holder for monetary gain; such a license is called a copyleft, free software license, or open source license. Open source refers to projects that are open to the public and which draw on other projects that are freely available to the general public. ... Unix systems filiation. ... Mozilla Firefox is a free, open source, cross-platform, graphical web browser developed by the Mozilla Corporation and hundreds of volunteers. ... Apache HTTP Server is an open source HTTP web server for Unix platforms (BSD, Linux, and UNIX systems), Microsoft Windows, and other platforms. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Generally speaking, free software license is a phrase used by the free software movement to mean any software license that meets the free software definition of the Free Software Foundation (FSF). ...

Even in more traditional forms such as prose, some authors, such as Cory Doctorow, retain the copyright to their work but license it for free distribution (for example under a Creative Commons License). This has the benefit of providing a structured scheme under which authors can loosen some of the barriers that copyright imposes on others, allowing them to partially contribute the work to the community (in the form of giving a general grant on copying, reproduction, use or adaptation subject to certain conditions) while retaining other exclusive rights they hold in it. Cory Doctorow at the 63rd World Science Fiction Convention in Glasgow, August 2005 Cory Doctorow (born July 17, 1971) is a blogger, journalist and science fiction author in favor of liberalizing copyright laws, and a proponent of Creative Commons. ... Creative Commons, some rights reserved. ...

But defenders of the present system of strong copyrights argue that it has been largely successful in financing the creation and distribution of a wide variety of works, especially those requiring significant labor and capital. Moderate scholars seem to support that view while recognizing the need for exceptions and limitations, such as the fair use doctrine. Notably, a substantial portion of the current U.S. Copyright Act (sections 107-120) is devoted to such exceptions and limitations.

Copyrighted works copied onto digital media are easily and trivially exactly copied via file sharing. Attempts to prevent this have been largely unsuccessful, and file sharing has usually not resulted in severe consequences for the violators, though some organizations such as the RIAA and the MPAA have begun to sue individual violaters they can identify, and to force sharing networks to either shut down or pay damages or both. However, producers of copyrighted material (ie, publishers) often attribute losses in their sales to online copying, yet they generally continue to produce material and make profits. To defenders of unauthorized file sharing, this lack of apparent ill-effect has been gradually eroding the belief that copyright as presently constructed is indispensable. A few artists actually support file sharing of their own works, arguing that it expands their audience to include people who would not otherwise be able or willing to legally purchase their material. The recording and motion picture industries, however, maintain that unauthorized file sharing, along with the production and sale of pirated hard copies of CDs and DVDs, have resulted in billions of dollars of lost sales. They attribute their continuing success to the fact that most people still obtain music, and especially movies, through authorized channels of distribution, a situation they hope to maintain by increasing the availability of authorized online services (such as Apple's iTunes). File sharing is the activity of making files available to other users for download over the Internet, but also over smaller networks. ... The Recording Industry Association of America (RIAA) is a special interest group representing the U.S. recording industry, and the body responsible for certifying gold and platinum albums and singles in the USA. For more information about sales data see list of best selling albums and list of best selling... The Motion Picture Association of America (MPAA) is a non-profit trade association formed to advance the interests of movie studios. ...

It can be argued that, rather than criminalize millions of file sharers around the world who now routinely use the Internet to commit acts which can be argued breach copyright in this or that jurisdiction. Private enforcement of copyright having proven essentially ineffective, copyright holders have attempted to use the legal system to apply pressure on such users to purchase rather than copy thier products. Bill Gates is on record as saying that there is no way to technically prevent copyrighted digital material from being copied; if so, future attempts to enforce control of copyrighted material may become uneconomic. As well as remaining unpopular among many. In the meantime, companies or individuals held by a court to have infringed copyright may be required to pay substantial amounts in damages. A recent and highly visible example is the Australian Kazaa case, Universal Music Australia Pty Ltd v Sharman License Holdings Ltd [2005] FCA 1242 (5 September 2005); the company operating the Kazaa file-sharing system, and individuals associated with it, were held to have authorised infringement of copyright in musical recordings by their participation. The recording industry is expected to seek multimillion dollar damages. This article is about one of the founders of Microsoft. ... Kazaa Media Desktop (once capitalized as KaZaA, but now usually left as Kazaa) is a controversial peer-to-peer file sharing application using the FastTrack protocol. ... September 5 is the 248th day of the year (249th in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...

Copyright can also be used to stifle political criticism. For example, in the US the contents of talk shows and similar programs are covered by copyright. Robert Greenwald, a director of Uncovered: The Whole Truth About the Iraq War documentary was refused the right to use a clip of a George W. Bush interview from NBC's Meet the Press. Although the fair use provisions of statute and common law may apply in such cases, the risks of loss in court should there be a lawsuit and pressure from insurance companies, who regard use of almost anything (eg, three words forming the opening of a song, though not actually sung by one of a group of children) without permission as too risky, usually precludes use of materials without explicit permission, and so without a license fee. Robert Greenwald (born August 28, 1945 in New York, New York) is an American film director and producer. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States and a former governor of Texas. ... NBC, (Formerly an acronym for the National Broadcasting Company until 2004), is an American television and radio network based in New York Citys Rockefeller Center. ...

In the US in 2003, controversial changes implemented by the Sonny Bono Copyright Term Extension Act extending the length of copyright under U.S. copyright law by 20 years were challenged, unsuccessfully, in the United States Supreme Court. The Court, in the case called Eldred v. Ashcroft, held inter alia that in placing existing and future copyrights in parity in the CTEA, Congress acted within its authority and did not transgress Constitutional limitations. Other jurisdictions have enacted legislation to provide for similar extensions of the copyright term. The Sonny Bono Copyright Term Extension Act of 1998 extended copyright terms in the United States by 20 years. ... United States copyright law is rooted in Article One of the United States Constitution, which states: The Congress shall have the power. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Eldred v. ...

Copyright is also conceived by some to be an "artificial barrier" in that "expressions" could be freely exchanged between individuals and groups if there were no copyright or other legal restrictions preventing. Such people believe that as the state does not necessarily possess the moral authority to enact copyright laws, individuals may vary in their observation of such laws. As noted above, others disagree with that, believing that the copyright system, which arises from provisions in the U.S. Constitution, has made and continues to make a valuable even essential contribution to the creation and dissemination of works. They also point out the social dangers inherent in the view that each individual is entitled to judge the "moral authority" of laws and to observe them or not according to individual judgments. The copyright social conflict (sometimes jocularly referred to as the copyfight) is a name given to the broader social conflict between copyright owners who wish to control the acquisition and subsequent use by others of material they have copyrighted, and individuals who wish for barriers on information, like copyright, to... A state is an organized political community, occupying a territory, and possessing internal and external sovereignty, that enforces a monopoly on the use of force. ...

Copyright concepts are under challenge in the modern era, primarily from the increasing use of peer to peer filesharing. Major copyright holders, such as the major record labels and the movie industry, blame the ease of copying for their decreasing profits. Other alternatives, such as poor product content, are dismissed as possible reasons. Public interest groups, major corporations and the like, are entering the public education system to teach the curriculum from their perspectives. The lobbying group for the MPAA provide a curriculum entitled What's the Diff? taught by a group of volunteers called Junior Achievement. The Business Software Alliance also has their own curriculum program called Play it Cybersafe, which is distributed to school children through a magazine called The Weekly Reader. There seems to be a general consensus amongst assorted interests in the USA that there needs to be some curriculum materials for school-aged children about copyright issues. A public-wiki has been installed by Downhill Battle to build a copyright curriculum called Copyright Curriculum for teachers to download and use in their classrooms. The American Librarian Association will also be releasing their own curriculum for librarians to distribute in winter 2004. A record label is a brand created by companies that specialize in manufacturing, distributing and promoting audio and video recordings, on various formats including compact discs, LPs, DVD-Audio, SACDs, and cassettes. ... The Big Ten refers to the ten major film production studios. ... Public interest is a term used to denote political movements and organizations that are in the public interest—supporting general public and civic causes, in opposition of private and corporate ones (particularistic goals). ... The Motion Picture Association of America (MPAA) is a non-profit trade association formed to advance the interests of movie studios. ... The Business Software Alliance (BSA) is a trade group representing a number of the worlds largest software makers. ... Weekly Reader (WR for short) is a weekly educational magazine for children that discusses global and domestic issues. ...

Other aspects

Transfer and licensing

A copyright, or aspects of it, may be assigned or transferred from one party to another. For example, a musician who records an album will often sign an agreement with a record company in which the musician agrees to transfer all copyright in the recordings to the company in exchange for royalties and other considerations. The creator (and original copyright holder) benefits, or expects to, from production and marketing capabilities far beyond those of the author. In the digital age of music, music may be copied and distributed at minimal cost through the Internet, however the record industry attempts to provide promotion and marketing for the artist and his work so it can reach a much larger audience. A copyright holder need not transfer all rights completely, though many publishers will insist. Some of the rights may be transferred, or else the copyright holder may grant another party a non-exclusive license to copy and/or distribute the work in a particular region or for a specified period of time. A transfer or licence may have to meet particular formal requirements in order to be effective; see section 239 of the Australia Copyright Act 1968 (Cth). Under Australian law, it is not enough to pay for a work to be created in order to also own the copyright. The copyright itself must be expressly transferred in writing. In the early years of the phonograph in the late 19th century, the music industry was dominated by the publishers of sheet music. ...

Under the U.S. Copyright Act, a transfer of ownership in copyright must be memorialized in a writing signed by the transferor. For that purpose, ownership in copyright includes exclusive licenses of rights. Thus exclusive licenses, to be effective, must be granted in a written instrument signed by the grantor. No special form of transfer or grant is required. A simple document that identifies the work involved and the rights being granted is sufficient. Non-exclusive grants (often called non-exclusive licenses) need not be in writing under U.S. law. They can be oral or even implied by the behavior of the parties. Transfers of copyright ownership, including exclusive licenses, may and should be recorded in the U.S. Copyright Office. (Information on how to do that is available on the Office's web site.) While recording is not required to make the grant effective, it offers important benefits, much like those obtained by recording a deed in a real estate transaction.

Copyright may also be licensed. Some jurisdictions may provide that certain classes of copyrighted works be made available under a prescribed statutory license (eg, musical works in the United States used for radio broadcast or performance). This is also called a compulsory license, because under this scheme, anyone who wishes to copy a covered work does not need the permission of the copyright holder, but instead merely files the proper notice and pays a set fee established by statute (or by an agency decision under statutory guidance) for every copy made. Failure to follow the proper procedures would place the copier at risk of an infringement suit. Because of the difficulty of following every individual work, copyright collectives or collecting societies and performing rights organizations (such as ASCAP, BMI, RIAA and MPAA) have been formed to collect royalties for hundreds (thousands and more) works at once. Though this market solution bypasses the statutory license, the availability of the statutory fee still helps dictate the price per work collective rights organizations charge, driving it down to what avoidance of procedural hassle would justify. It has been suggested that Licensing (strategic alliance) be merged into this article or section. ... A statutory license or compulsory license is a copyright license to use content under reasonable and non-discriminatory terms. ... A compulsory license is a license to use a patent, copyright, or other exclusive right that a government forces the holder to grant to others. ... A copyright collective (also known as a copyright collecting agency or collecting society) is a body created by private agreements or by copyright law that collects royalty payments from various individuals and groups for copyright holders. ... A performance rights organisation exists to collect and distribute royalties on behalf of audio and video artists, for performances of their copyrighted works under copyright law. ... The American Society of Composers, Authors, and Publishers (ASCAP) is an organization known as a collecting society that protects intellectual property, ensuring that music which is broadcast, commercially recorded, or otherwise used for profit, pays a fee to compensate the creators of that music. ... Broadcast Music Incorporated (BMI) is a collecting society that protects composers intellectual property in the communications business, especially radio. ... The Recording Industry Association of America (RIAA) is a special interest group representing the U.S. recording industry, and the body responsible for certifying gold and platinum albums and singles in the USA. For more information about sales data see list of best selling albums and list of best selling... The Motion Picture Association of America (MPAA) is a non-profit trade association formed to advance the interests of movie studios. ...

Brief comparison with similar legal rights

In general, copyright law covers the creative or artistic expression of an idea, patent law covers inventions, trademark law covers distinctive signs which are used in relation to products or services as indicators of origin, registered designs law covers the look or appearance of a manufactured or functional article and the law of confidential information covers secret or sensitive knowledge or information. In general terms, an invention is an object, process or technique which displays an element of novelty. ... In semiotics, a sign is generally defined as, ...something that stands for something else, to someone in some capacity. ... Services are: plural of service Tertiary sector of industry IRC services Web services the name of a first-class cricket team in India This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession. ...

Although copyright and trademark laws are theoretically distinct, more than one type of them may cover the same item or subject matter. For example, in the case of the Mickey Mouse cartoon, the image and name of Mickey Mouse would be the subject of trademark legislation, while the cartoon itself would be subject to copyright. Titles and character names from books or movies may also be trademarked while the works from which they are drawn may qualify for copyright.

Another point of distinction is that a copyright (and a patent) is generally subject to a statutorily-determined term, whereas a trademark registration may remain in force indefinitely if the trademark is periodically used and renewal fees continue to be duly paid to the relevant jurisdiction's trade marks office or registry. Once the term of a copyright has expired, the formerly copyrighted work enters the public domain and may be freely used or exploited by anyone, as courts in the United States and the United Kingdom have rejected the doctrine of a common law copyright. Public domain works should not be confused with works that are publically available. It is completely incorrect, for instance, that simply posting material on the Internet places the material into the public domain such that anyone can freely copy, adapt or commercially exploit the work. Apart from anything else, the material may have been posted by someone who had no right to do so, let alone the power to waive copyright. Registry has several meanings, all of which generally relate to its original or historical meaning as a written, official or formal record of information, or the place where such records are kept. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ... Common law copyright is the legal doctrine that contends that copyright is a natural right and creators have the same inherent right to it as they would tangible property. ...

How long copyright lasts

Copyright subsists for a variety of lengths in different jurisdictions, with different categories of works and the length it subsists for also depends on whether a work is published or unpublished. In most of the world the default length of copyright for many works is either life of the author plus 50 years, or plus 70 years. Copyright in general always expires at the end of the year concerned, rather than on the exact date of the death of the author. (The right to reclaim a copyright--or "terminate the transfer" of a copyright--commences and ends on the anniversaries of exact dates in the United States.)

So when can one conclude that a book is in the public domain? In the United States, all books and other items published before 1923 have expired copyrights and are in the public domain, and all works created by the U.S. Government, regardless of date, enter the public domain upon their creation. But if the intended exploitation of the book includes publication (or distribution of a film based on the book) outside the U.S., the terms of copyright around the world must be considered. If the author has been dead more than 70 years, the work is in the public domain in most, but not all, countries. In Italy and France, there are wartime extensions that could increase the term by approximately 6 years in Italy and up to about 14 in France. Some works are covered by copyright in Spain for 80 years after the author's death.

Moral rights

Many countries recognize certain moral rights of the author of a copyrighted work, following adoption of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (which in turn requires, inter alia, the implementation of the relevant provisions in the Berne Convention). Two key moral rights are the right not to have the work altered or destroyed without consent, and the right to be attributed as the author of the work. Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and first recognized in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. ... For other uses of the initials WTO, see WTO (disambiguation). ... The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) is an international treaty which sets down minimum standards for most forms of intellectual property regulation within all member countries of the WTO. Specifically, TRIPs deals with copyright and related rights (ie. ... The Berne Convention for the Protection of Literary and Artistic Works, sometimes called the Berne Union or Berne Convention, adopted at Berne in 1986, first established the recognition of copyrights between sovereign nations. ...

The Monty Python comedy troupe famously managed to rely on moral rights in 1975 in legal proceedings against American TV network ABC for airing re-edited versions of Monty Python's Flying Circus. The Monty Python troupe in 1969. ... A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ... The American Broadcasting Company (ABC) is a television and radio network in the United States. ... It has been suggested that Monty Pythons Flying Circus (stage version) be merged into this article or section. ...

The American exclusive rights tradition is inconsistent with the notion of moral rights as it was constituted in the Civil Code tradition stemming from post-Revolutionary France. In the United States, exclusive rights are statutory, defined and shaped by congress, but are required by a Constitutional clause. The first major copyright case in the United States, Wheaton v. Peters, established that copyright was not a natural right nor a common law right. When the United States signed the Berne Convention, they stipulated that the Convention's "moral rights" provisions were addressed sufficiently by other statutes, such as laws covering libel and slander.

In most of Europe it is not possible for authors to assign their moral rights (unlike the copyright itself, which is regarded as an item of property which can be sold, licensed, lent, mortgaged or given like any other property). They can agree not to enforce them (and such terms are very common in contracts in Europe). There may also be a requirement for the author to 'assert' these moral rights before they can be enforced. In many books, for example, this is done on a page near the beginning, in and amongst the British Library/Library of Congress data.

Some European countries also provide for artist resale rights, which mean that artists are entitled to a portion of the appreciation of the value of their work each time it is sold. These rights are granted in respect of a non Anglo-Saxon tradition -- the droits d'auteur concept rather than copyright. Droits d'auteur, and most legislation implementing it, also grants all creators various moral rights beyond the economic rights recognized in most copyright jurisdictions (see also parallel import). A parallel import, also known as a grey product, refers to a genuine (ie. ...

Typefaces

In the United States, typeface designs are not covered by copyright, but may be covered by patents if sufficiently novel. A Specimen of typeset fonts and languages, by William Caslon, letter founder; from the 1728 Cyclopaedia. ... A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and...

Germany (in 1981) and the United Kingdom (in 1989) have passed laws making typeface designs copyrightable. The British law, unlike the German, is retroactive, so designs produced before 1989 are also copyrighted if the copyrights would not have already expired.

Unusual copyright grants

On rare occasions, rights can be granted outside of usual legislation. When the current UK copyright legislation was debated in Parliament, former Prime Minister Lord Callaghan of Cardiff successfully proposed an amendment entitling the Great Ormond Street Hospital for Sick Children to indefinitely retain the rights to payments of royalties for performances of Peter Pan. This privilege can be seen explicitly written into Schedule 6 of the Act. The current copyright law of the United Kingdom is to be found in the Copyright, Designs and Patents Act of 1988 (the 1988 Act), with later amendments. ... The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories. ... The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the head of government and so exercises many of the executive functions nominally vested in the Sovereign, who is head of state. ... The Right Honourable Leonard James Callaghan, Baron Callaghan of Cardiff, KG, PC (March 27, 1912 â€“ March 26, 2005), was Labour Prime Minister of the United Kingdom from 1976 to 1979. ... The Great Ormond Street Hospital for Sick Children was founded in London in 1852 as the first hospital specifically for children in the English-speaking world. ... A royalty is a sum paid to the creator of performance art for the use of that art. ... Statue of Peter Pan in St. ...

The King James Version of the Bible also has an unusual status: While it is in the public domain throughout most of the world, production in the UK must be authorized by the Crown. Lily's Latin Grammar was also under perpetual crown copyright as of 1911.[9] This page is about the version of the Bible; for the Harvey Danger album, see King James Version (album). ... Crown copyright is a form of copyright claim used by the governments of the United Kingdom and a number of other Commonwealth realms. ... William Lily (c. ...

Registering copyright

See main article on Copyright Registration In some forms of copyright laws, only a copyright registration makes a creative work eligible for protection. ...

Registering copyright in the United States

While copyright in the United States automatically attaches upon the creation of an original work of authorship, registration with the Copyright Office puts a copyright holder in a better position if litigation arises over the copyright. A copyright holder desiring to register his or her copyright should do the following:

Contents

History of copyright

Europe

French copyright laws

United Kingdom copyright methodology

Spanish copyright law

United States copyright law

Copyrights and the United States Government

Australian Copyright Law

Obtaining and enforcing copyright

Copyright notices

The exclusive rights of the copyright holder

Limits and exceptions to copyright

Idea-expression dichotomy and the merger doctrine

The first-sale doctrine and exhaustion of rights

Fair use and fair dealing

Critiques

Other aspects

Transfer and licensing

Brief comparison with similar legal rights

How long copyright lasts

Moral rights

Typefaces

Unusual copyright grants

Registering copyright

Registering copyright in the United States

See also

Related concepts

Critique

Other

Some legislation

National copyright laws

International treaties

Notable advocates of copyright law reform

Notable copyright maximalists

Miscellaneous further reading

External links