Form of production of intellectual property provided by the laws of the United States to authors of "original works of authorship" that are "fixed in a tangible medium of expression" Under U.S. copyright law
, the owner of a copyright
has the exclusive right to
-Copy the work:
law that gives the creator of a work the exclusive right to publish, produce, sell or distribute of their work
the idea that you can use copyrighted works without permission in
- teaching and research
- news reporting and criticism
- An alternative to full
-protect knowledge created
-can be embodied into some form of tangible property
-disadvantage: can be infringed upon
Why do we need copyright law?
-must have laws governing who owns what and who can exert control
-not subject to exclusive ownership after made to the public
Berne, Switzerland in 1886
What is the National Treatment Principle?
Each country agrees to give citizens of foreign countries the same degree of copyright protection that it gives its own citizens
Any works created after March 1, 1989 are entitled to national treatment
4 factors of copyright infringment
1. purpose and character of use 2. nature of copyrighted work 3. amount and substantiality of work 4. effect of copyrighted work on the market
purpose and character
non-profit, educational, news, public good, satire/parody, transformative = fair use
not become public domain after I die?
Leave the rights to my heirs in my will.
When is a work copyrightable?
In order to be copyrightable, a work must be
1. fixed in a tangible medium of expression ; and
What is the purpose of copyright ?
The purpose of copyright law
>(property) may say they were deprived of their job without due process under the constitution
3 tests for the Supreme court to determine whether a law violates a constituan right
1. Rational Relationship Test
2. Immediate Test
3. Strict Scrutiny Test
Rational Relationship Test
Gertz v. Robert Welch Inc.
(case) Established standard 1st amendment protection against defamation claims brought by a private individual
What are the 6 sources of law?
1) Constitutional: framework of governing
2) Statutory: collection of statues and ordinances written by legislative bodies
What 3 things do you have to submit to the U.S copyright Office to file a copyright?
1. Completed Application Form
2. Nonrefundable filing fee
3. Nonreturnable deposit of the work being registered
What are the Five rights a Copyright Act grants?
1. Right to reproduce
2. Right to prepare
___________ is the unauthorized manufacture, sale or distribution of an item protected by copyright, patent or trademark law.
What must the plaintiff prove in order to win statutory damages?
1. Is this mine? Is it tangible medium?
2. Do I own the copyright?
3. Is the copyright registered w
Acceptable Use Policy
a document that clearly defines what is acceptable behavior for students, faculty and staff when using a school's technology resources.
Creative works that are not owned by an individual.
A section of the Copyright law that allows limited use
How long does a copyright last?
When author is known: Life of author + 70 years from authors death. When author is not known: 95 years from publication, or 120 years from creation.
What is protected?
Work must be "fixed", work must be original expression.
What rights are protected?
to prevent or stop deceptive ads?
Disclosures and disclaimers, endorsements and testimonials, infomercials
In general, what is the current copyright law in the United States
Federal law that authors, musicians, artists, etc. make money off their work. Prevents people from taking work for free.. and altering
Ask ur self whether ehat you are making is something that came from you or something from somebody elses creativity
Know the Law
There are limitations to copyright laws. Know the proviosion for Fair use
Have a question in mind
Narrow it down
Property right that is attached to work of art or literature. Grants authors/creator exclusive rights to reproduce, distribute, adapt, perform or display their protected work
Seven Copyright Protections
a. Literary Works
b. Musical Works
c. Dramatic Works
law developed in?
Article 1 Section 8
What part of the US Constitution gives congress the power to enact copyright laws?
What year was the current copyright law signed?
What year did the current copyright law go into effect?
The creator's lifespan + 70 years
How long does copyright last
What is theFair Use Means Test?
Entities in themselves, apart from the songs contained therein. Recording Companies can copyright these, just as composers can copyright their songs.
1.The right to duplicate the actual sounds fixed on the recording.
2.The right to duplicate