Copyright
Copyright
Copyright
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Copyright
From Wikipedia, the free encyclopedia
Copyright is a legal right created by the law of a country that grants the creator of an original work
exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are
not absolute but limited by limitations and exceptions to copyright law, including fair use. A major
limitation on copyright is that copyright protects only the original expression of ideas, and not the
underlying ideas themselves.[1]
Copyright is a form of intellectual property, applicable to certain forms of creative work. Under US
copyright law, legal protection attaches only to fixed representations in a tangible medium. The Berne
Convention allows member countries to decide whether creative works must be "fixed" to enjoy copyright.
Article 2, Section 2 of the Berne Convention states: "It shall be a matter for legislation in the countries of the
Union to prescribe that works in general or any specified categories of works shall not be protected unless
they have been fixed in some material form." Some countries do not require that a work be produced in a
particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require
fixation for copyright protection. The United States and Canada, on the other hand, require that most works
must be "fixed in a tangible medium of expression" to obtain copyright protection.[2] U.S. law requires that
the fixation be stable and permanent enough to be "perceived, reproduced or communicated for a period of
more than transitory duration." Similarly, Canadian courts consider fixation to require that the work be
"expressed to some extent at least in some material form, capable of identification and having a more or less
permanent endurance."[2] It is often shared among multiple authors, each of whom holds a set of rights to
use or license the work, and who are commonly referred to as rightsholders.[3] These rights frequently
include reproduction, control over derivative works, distribution, public performance, and "moral rights"
such as attribution.[4]
Copyrights are considered territorial rights, which means that they do not extend beyond the territory of a
specific jurisdiction. While many aspects of national copyright laws have been standardized through
international copyright agreements, copyright laws vary by country.[5]
Typically, the duration of a copyright spans the author's life plus 50 to 100 years (that is, copyright typically
expires 50 to 100 years after the author dies, depending on the jurisdiction). Some countries require certain
copyright formalities to establishing copyright, but most recognize copyright in any completed work,
without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do
apply criminal sanctions.
Most jurisdictions recognize copyright limitations, allowing "fair" exceptions to the creator's exclusivity of
copyright and giving users certain rights. The development of digital media and computer network
technologies have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing
copyright, and inspired additional challenges to copyright law's philosophic basis. Simultaneously,
businesses with great economic dependence upon copyright, such as those in the music business, have
advocated the extension and expansion of copyright and sought additional legal and technological
enforcement.
Contents
1 History
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2 Scope
3 Exceptions to copyright
4 Obtaining and enforcing copyright
4.1 Cost of enforcing copyright
4.2 Copyright notices in the United States
4.3 "Poor man's copyright"
5 Exclusive rights
5.1 Useful articles
6 Limitations and exceptions to copyright
6.1 Ideaexpression dichotomy and the merger doctrine
6.2 The first-sale doctrine and exhaustion of rights
6.3 Fair use and fair dealing
6.4 Accessible copies
7 Transfer and licensing, and assignment
7.1 Free licences
8 Duration
8.1 Copyright term
8.2 Public domain
9 Copyright infringement
10 See also
10.1 Treaties and international agreements
10.2 Alternate views
11 References
12 Further reading
13 External links
History
Copyright came about with the invention of the printing press and with wider literacy. As a legal concept, its
origins in Britain were from a reaction to printers' monopolies at the beginning of the 18th century. Charles
II of England was concerned by the unregulated copying of books and passed the Licensing of the Press Act
1662 by Act of Parliament,[6] which established a register of licensed books and required a copy to be
deposited with the Stationers' Company, essentially continuing the licensing of material that had long been
in effect.
The British Statute of Anne (also known as the Copyright Act 1709) further alluded to individual rights of
the artist. It began, "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the
Liberty of Printing... Books, and other Writings, without the Consent of the Authors... to their very great
Detriment, and too often to the Ruin of them and their Families:".[7] A right to benefit financially from the
work is articulated, and court rulings and legislation have recognized a right to control the work, such as
ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator
appears in some countries' copyright laws.
Copyright laws allow products of creative human activities, such as literary and artistic production, to be
preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic
models and legal frameworks are seen to account for why copyright emerged in Europe and not, for
example, in Asia. In the Middle Ages in Europe, there was generally a lack of any concept of literary
property due to the general relations of production, the specific organization of literary production and the
role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the
medieval period, to view knowledge as the product and expression of the collective, rather than to see it as
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Art. 9. Monopolies may be allowed to persons for their own productions in literature and their own
inventions in the arts for a term not exceeding years but for no longer term and no other purpose.[11]
Copyright law was enacted rather late in German states, and the historian Eckhard Hffner argues that the
absence of copyright laws in the early 19th century encouraged publishing, was profitable for authors, led to
a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of
Germany as a power during that century.[12]
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The United States and most Latin American countries instead entered into the Buenos Aires Convention in
1910, which required a copyright notice on the work (such as all rights reserved), and permitted signatory
nations to limit the duration of copyrights to shorter and renewable terms.[15][16][17] The Universal
Copyright Convention was drafted in 1952 as another less demanding alternative to the Berne Convention,
and ratified by nations such as the Soviet Union and developing nations.
The regulations of the Berne Convention are incorporated into the World Trade Organization's TRIPS
agreement (1995), thus giving the Berne Convention effectively near-global application.[18] The 2002 WIPO
Copyright Treaty enacted greater restrictions on the use of technology to copy works in the nations that
ratified it.
Scope
Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by
jurisdiction, but these can include poems, theses, plays and other literary works, motion pictures,
choreography, musical compositions, sound recordings, paintings, drawings, sculptures, photographs,
computer software, radio and television broadcasts, and industrial designs. Graphic designs and industrial
designs may have separate or overlapping laws applied to them in some jurisdictions.[19][20]
Copyright does not cover ideas and information themselves, only the form or manner in which they are
expressed.[21] For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of
the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not
prohibit the creation of other works about anthropomorphic mice in general, so long as they are different
enough to not be judged copies of Disney's.[21] Note additionally that Mickey Mouse is not copyrighted
because characters cannot be copyrighted; rather, Steamboat Willie is copyrighted and Mickey Mouse, as a
character in that copyrighted work, is afforded protection.
In many jurisdictions, copyright law makes exceptions to these restrictions when the work is copied for the
purpose of commentary or other related uses (See fair use, fair dealing). It should be noted that US copyright
does NOT cover names, title, short phrases or Listings (such as ingredients, recipes, labels, or formulas).[22]
However, there are protections available for those areas copyright does not cover such as trademarks and
patents.
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Copyright laws are standardized somewhat through international conventions such as the Berne Convention
and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries,
and international organizations such as the European Union or World Trade Organization require their
member states to comply with them.
Exceptions to copyright
There are some exceptions to what copyright will protect. Copyright will not protect:
Names of products
Names of businesses, organizations, or groups
Pseudonyms of individuals
Titles of works
Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
Listings of ingredients in recipes, labels, and formulas, though the directions can be copyrighted
The original holder of the copyright may be the employer of the author rather than the author himself, if the
work is a "work for hire".[25] For example, in English law the Copyright, Designs and Patents Act 1988
provides that if a copyrighted work is made by an employee in the course of that employment, the copyright
is automatically owned by the employer which would be a "Work for Hire."
Copyrights are generally enforced by the holder in a civil law court, but there are also criminal infringement
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statutes in some jurisdictions. While central registries are kept in some countries which aid in proving
claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even
without permission) necessarily prove that copyright was infringed. Criminal sanctions are generally aimed
at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as
the RIAA are increasingly targeting the file sharing home Internet user. Thus far, however, most such cases
against file sharers have been settled out of court. (See: Legal aspects of file sharing)
Exclusive rights
Several exclusive rights typically attach to the holder of a copyright:
to produce copies or reproductions of the work and to sell those copies (including, typically, electronic
copies)
to import or export the work
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Useful articles
If a pictorial, graphic or sculptural work is a useful article, it is copyrighted only if its aesthetic features are
separable from its utilitarian features. A useful article is an article having an intrinsic utilitarian function that
is not merely to portray the appearance of the article or to convey information. They must be separable from
the functional aspect to be copyrighted.[35]
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Court's holding severely limits the ability of copyright holders to prevent such importation.
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.
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The copyright directive allows EU member states to implement a set of exceptions to copyright. Examples
of those exceptions are:
photographic reproductions on paper or any similar medium of works (excluding sheet music)
provided that the rightholders receives fair compensation,
reproduction made by libraries, educational establishments, museums or archives, which are
non-commercial
archival reproductions of broadcasts,
uses for the benefit of people with a disability,
for demonstration or repair of equipment,
for non-commercial research or private study
when used in parody
Accessible copies
It is legal in several countries including the United Kingdom and the United States to produce alternative
versions (for example, in large print or braille) of a copyrighted work to provide improved access to a work
for blind and visually impaired persons without permission from the copyright holder.[38][39]
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works be made available under a prescribed statutory license (e.g. 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.[42] 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, and
SESAC) 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.
Free licences
There are a large number of free licenses, where users are granted several rights; for example, those
mentioned in the Free Software Definition, Open Source Definition, Debian Free Software Guidelines or
Definition of Free Cultural Works. Examples of free licences are the GNU General Public License, BSD
license and some Creative Commons licenses.
Founded in 2001 by James Boyle, Lawrence Lessig, and Hal Abelson, the Creative Commons (CC) is a
non-profit organization[43] which aims to facilitate the legal sharing of creative works. To this end, the
organization provides a number of copyright license options to the public, free of charge. These licenses
allow copyright holders to define conditions under which others may use a work and to specify what types
of use are acceptable.[43]
Terms of use have traditionally been negotiated on an individual basis between copyright holder and
potential licensee. Therefore, a general CC license outlining which rights the copyright holder is willing to
waive enables the general public to use such works more freely. Six general types of CC licenses are
available. These are based upon copyright holder stipulations such as whether he or she is willing to allow
modifications to the work, whether he or she permits the creation of derivative works and whether he or she
is willing to permit commercial use of the work.[44] As of 2009 approximately 130 million individuals had
received such licenses.[44]
Duration
Copyright term
Copyright subsists for a variety of lengths in different
jurisdictions. The length of the term can depend on
several factors, including the type of work (e.g. musical
composition, novel), whether the work has been
published, and whether the work was created by an
individual or a corporation. In most of the world, the
default length of copyright is the life of the author plus
either 50 or 70 years. In the United States, the term for
most existing works is a fixed number of years after the
date of creation or publication. Under most countries'
laws (for example, the United States[45] and the United
Kingdom[46]), copyrights expire at the end of the
calendar year in question.
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The length and requirements for copyright duration are subject to change by legislation, and since the early
20th century there have been a number of adjustments made in various countries, which can make
determining the duration of a given copyright somewhat difficult. For example, the United States used to
require copyrights to be renewed after 28 years to stay in force, and formerly required a copyright notice
upon first publication to gain coverage. In Italy and France, there were post-wartime extensions that could
increase the term by approximately 6 years in Italy and up to about 14 in France. Many countries have
extended the length of their copyright terms (sometimes retroactively). International treaties establish
minimum terms for copyrights, but individual countries may enforce longer terms than those.[47]
In the United States, all books and other works published before 1923 have expired copyrights and are in the
public domain.[48] In addition, works published before 1964 that did not have their copyrights renewed 28
years after first publication year also are in the public domain. Hirtle points out that the great majority of
these works (including 93% of the books) were not renewed after 28 years and are in the public domain.[49]
Books originally published outside the US by non-Americans are exempt from this renewal requirement, if
they are still under copyright in their home country.
But if the intended exploitation of the work includes publication (or distribution of derivative work, such as
a film based on a book protected by copyright) 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 1998, the length of a copyright in the United States was increased by 20 years under the Copyright Term
Extension Act. This legislation was strongly promoted by corporations which had valuable copyrights which
otherwise would have expired, and has been the subject of substantial criticism on this point.[50]
As a curiosity, the famous work Peter Pan, or The Boy Who Wouldn't Grow Up has a complex and
disputed story of copyright expiry.[51]
Public domain
Copyright, like other intellectual property rights, is subject to a statutorily determined term. 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. Courts in common law countries, such as 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 publicly available. Works posted in the internet, for example, are publicly available, but are
not generally in the public domain. Copying such works may therefore violate the author's copyright.
Copyright infringement
For a work to be considered to infringe upon copyright, its use must have occurred in a nation that has
domestic copyright laws and/or adheres to a bilateral treaty or established international convention such as
the Berne Convention or WIPO Copyright Treaty. Improper use of materials outside of legislation is deemed
"unauthorized edition", not copyright infringement.[52]
Copyright infringement most often occurs to software, film and music. However, infringement upon books
and other text works remains common, especially for educational reasons. Statistics regarding the effects of
copyright infringement are difficult to determine. Studies have attempted to determine whether there is a
monetary loss for industries affected by copyright infringement by predicting what portion of pirated works
would have been formally purchased if they had not been freely available.[53] Other reports indicate that
copyright infringement does not have an adverse effect on the entertainment industry, and can have a
positive effect.[54] In particular, a 2014 university study concluded that free music content, accessed on
YouTube, does not necessarily hurt sales, instead has the potential to increase sales.[55]
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See also
Adelphi Charter
Artificial scarcity
Conflict of laws
Copyright Alliance
Copyright in architecture in the United States
Copyright on the content of patents and in the
context of patent prosecution
Copyright for Creativity
Copyright infringement of software
Copyright on religious works
Creative Barcode
Digital rights management
Digital watermarking
Entertainment law
Freedom of panorama
History of copyright law
Intellectual property education
Alternate views
Alternative compensation system
Anti-copyright
Copyleft
Copynorms
Copyright aspects of downloading and
streaming
Copyright aspects of hyperlinking and framing
Creative Commons
Creative Commons jurisdiction ports
References
1. See Ideas (http://www.bitlaw.com/copyright/unprotected.html#ideas) in B
,W
U
C
L ; Chapter 1: An Overview of Copyright (http://digital-law-online.info/lpdi1.0/treatise9.html),
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Further reading
Dowd, Raymond J. (2006). Copyright Litigation Handbook (1st ed.). Thomson West. ISBN 0-314-96279-4.
Ellis, Sara R. Copyrighting Couture: An Examination of Fashion Design Protection and Why the DPPA and
IDPPPA are a Step Towards the Solution to Counterfeit Chic, 78 Tenn. L. Rev. 163 (2010), available at
http://ssrn.com/abstract=1735745.
Gantz, John; Rochester, Jack B. (2005). Pirates of the Digital Millennium. Financial Times Prentice Hall.
ISBN 0-13-146315-2.
Ghosemajumder, Shuman. Advanced Peer-Based Technology Business Models (http://dspace.mit.edu/handle
/1721.1/8438). MIT Sloan School of Management, 2002.
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Lehman, Bruce: Intellectual Property and the National Information Infrastructure (Report of the Working Group
on Intellectual Property Rights, 1995)
Lindsey, Marc: Copyright Law on Campus. Washington State University Press, 2003. ISBN 978-0-87422-264-7.
Mazzone, Jason. Copyfraud. SSRN (http://ssrn.com/abstract=787244)
McDonagh, Luke. Is Creative use of Musical Works without a licence acceptable under Copyright? International
Review of Intellectual Property and Competition Law (IIC) 4 (2012) 401-426, available at SSRN
(http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2521081)
Nimmer, Melville; David Nimmer (1997). Nimmer on Copyright. Matthew Bender. ISBN 0-8205-1465-9.
Patterson, Lyman Ray (1968). Copyright in Historical Perspective. Online Version. Vanderbilt University Press.
ISBN 0-8265-1373-5.
Rife, by Martine Courant. Convention, Copyright, and Digital Writing (Southern Illinois University Press; 2013)
222 pages; Examines legal, pedagogical, and other aspects of online authorship.
Rosen, Ronald (2008). Music and Copyright. Oxford Oxfordshire: Oxford University Press.
ISBN 0-19-533836-7.
Shipley, David E. Thin But Not Anorexic: Copyright Protection for Compilations and Other Fact Works
(http://ssrn.com/abstract=1076789) UGA Legal Studies Research Paper No. 08-001; Journal of Intellectual
Property Law, Vol. 15, No. 1, 2007.
Silverthorne, Sean. Music Downloads: Pirates- or Customers? (http://hbswk.hbs.edu/item.jhtml?id=4206&
t=innovation). Harvard Business School Working Knowledge, 2004.
Sorce Keller, Marcello. "Originality, Authenticity and Copyright", Sonus, VII(2007), no. 2, pp. 7785.
Steinberg, S.H.; Trevitt, John (1996). Five Hundred Years of Printing (4th ed.). London and New Castle: The
British Library and Oak Knoll Press. ISBN 1-884718-19-1.
Story, Alan; Darch, Colin; Halbert, Deborah, eds. (2006). The Copy/South Dossier: Issues in the Economics,
Politics and Ideology of Copyright in the Global South [1] (http://copysouth.org/en/documents/csdossier.pdf).
Copy/South Research Group. ISBN 978-0-9553140-1-8. External link in |title= (help)
WhyNotAskMe.org (http://whynotaskme.org/): Organization demanding democratic participation in copyright
legislation and a moratorium on secret and fast-tracked copyright negotiations
External links
Quotations related to Copyright at Wikiquote
Wikisource has the text of
Media related to Copyright at Wikimedia Commons
the 1911 Encyclopdia
Copyright (https://www.dmoz.org/Society
Britannica article
/Law/Legal_Information/Intellectual_Property/Copyrights) at
Copyright.
DMOZ
Wikisource has original
Collection of laws for electronic access (http://www.wipo.int
text related to this article:
/clea/en/) from WIPO intellectual property laws of many
Copyright law
countries
Compendium of Copyright Practices (http://purl.fdlp.gov
/GPO/gpo55676) (3rd ed.) United States Copyright Office
Copyright (http://ucblibraries.colorado.edu/govpubs/us/copyrite.htm) from UCB Libraries GovPubs
About Copyright (http://www.ipo.gov.uk/types/copy.htm) at the UK Intellectual Property Office
A Bibliography on the Origins of Copyright and Droit d'Auteur (http://www.lawtech.jus.unitn.it
/index.php/copyright-history/bibliography)
6.912 Introduction to Copyright Law (http://ocw.mit.edu/courses/electrical-engineeringand-computer-science/6-912-introduction-to-copyright-law-january-iap-2006/) taught by Keith
Winstein, MIT OpenCourseWare January IAP 2006
Copyright Berne Convention: Country List (http://www.wipo.int/treaties
/en/ShowResults.jsp?country_id=ALL&start_year=ANY&end_year=ANY&search_what=C&
treaty_id=15) List of the 164 members of the Berne Convention for the protection of literary and
artistic works
UK Copyright Law fact sheet (http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law)
(April 2000) a concise introduction to UK Copyright legislation
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