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A way that the law gives creators and owners of creative works the right to control and profit from the use of their creation
Exclusive rights to copyright holders
3. adapt (create derivative works)
4. publicly perform
5. public display copyrighted work
Two types of property
Real Property: protects land or things that are built on land
Personal Property: protects everything that can be owned other than real property ex: a car
protects certain products of the mind and affords ownership rights to things that have no physical existence.
The Author's Right Philosophy
Also known as natural right. An author is believed to be morally entitled to control and exploit the products of the author's intellect.
The Utilitarian Philosophy
"user's right" or "rights balancing". Encourages the widest possible production and availability of artistic works. American Copyright Law is based on this
Economic Rights Philosophy
A more accurate way to describe our philosophy in America. Trade based. US is the largest producer of and exporter of intellectual property
Other types of intellectual protection
Patent: Provides protection for certain inventions, discoveries, and product design
Trademarks: Any word, name, symbol, or device or any combination thereof used to identify products or services and to distinguish them from those manufactured or sold by others.
Trade Secrets: any business information that is kept secret and given a business a competitive advantage
Copyright prior to 18th century
Chinese relied on government sponsorship of the arts rather than any private form of ownership. they did not have printing presses on mass scale like Europe
Copyright First Millennium
Book manufacturing transcribed by slaves in Roman Empire. Athens relied on gov sponsorship. However, there was still an idea that authors should have some rights.
Created in 1436 by Johannes Gutenberg. Allowed works to be created more frequently, and easier available to the public. Arose the issue of who would own profits.
17th Century Copyright in Europe
Book trades developed w printers purchasing the right to print copies from authors and then owning the books they published. There were Monopolies with the certain publishers who in trade did not publish anything the government would have to censor