How to Investigate the Copyright Status of a Work
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Circular 1 Copyright Basics
CIRCULAR 1 Copyright Basics Copyright is a form of protection Copyright is a form of protection provided by the laws of the provided by U.S. law to authors of United States to the authors of “original works of authorship” that are fixed in a tangible form of expression. An original “original works of authorship” from work of authorship is a work that is independently created by the time the works are created in a a human author and possesses at least some minimal degree of creativity. A work is “fixed” when it is captured (either fixed form. This circular provides an by or under the authority of an author) in a sufficiently overview of basic facts about copyright permanent medium such that the work can be perceived, and copyright registration with the reproduced, or communicated for more than a short time. Copyright protection in the United States exists automatically U.S. Copyright Office. It covers from the moment the original work of authorship is fixed.1 • Works eligible for protection • Rights of copyright owners What Works Are Protected? • Who can claim copyright • Duration of copyright Examples of copyrightable works include • Literary works • Musical works, including any accompanying words • Dramatic works, including any accompanying music • Pantomimes and choreographic works • Pictorial, graphic, and sculptural works • Motion pictures and other audiovisual works • Sound recordings, which are works that result from the fixation of a series of musical, spoken, or other sounds • Architectural works These categories should be viewed broadly for the purpose of registering your work. For example, computer programs and certain “compilations” can be registered as “literary works”; maps and technical drawings can be registered as “pictorial, graphic, and sculptural works.” w copyright.gov note: Before 1978, federal copyright was generally secured by publishing a work with an appro- priate copyright notice. -
Illustrators' Partnership of America and Co-Chair of the American Society of Illustrators Partnership, Is One of Those Opponents
I L L U S T R A T O R S ‘ P A R T N E R S H I P 8 4 5 M O R A I N E S T R E E T M A R S H F I E L D , M A S S A C H U S E T T S USA 0 2 0 5 0 t 7 8 1 - 8 3 7 - 9 1 5 2 w w w . i l l u s t r a t o r s p a r t n e r s h i p . o r g February 3, 2013 Maria Pallante Register of Copyrights US Copyright Office 101 Independence Ave. S.E. Washington, D.C. 20559-6000 RE: Notice of Inquiry, Copyright Office, Library of Congress Orphan Works and Mass Digitization (77 FR 64555) Comments of the Illustrators’ Partnership of America In its October 22, 2012 Notice of Inquiry, the Copyright Office has asked for comments from interested parties regarding “what has changed in the legal and business environments during the past four years that might be relevant to a resolution of the [orphan works] problem and what additional legislative, regulatory, or voluntary solutions deserve deliberation at this time.” As rightsholders, we welcome and appreciate the opportunity to comment. In the past, we have not opposed orphan works legislation in principle; but we have opposed legislation drafted so broadly that it would have permitted the widespread orphaning and infringement of copyright-protected art. In 2008, the Illustrators’ Partnership was joined by 84 other creators’ organizations in opposing that legislation; 167,000 letters were sent to members of Congress from our website. -
The Constitutional Law of Intellectual Property After Eldred V. Ashcroft
The Constitutional Law of Intellectual Property After Eldred v. Ashcroft By Pamela Samuelson* I. Introduction The past decade has witnessed an extraordinary blossoming of scholarship on the constitutional law of intellectual property,1 much of which focuses on copyright law.2 Had the Supreme Court ruled in favor of Eldred’s challenge to the constitutionality of the Copyright Term Extension Act,3 this body of scholarship would have undoubtedly proliferated with alacrity. Many scholars would have been eager to offer interpretations of implications of an Eldred-favorable decision for other intellectual property disputes.4 Given the Ashcroft-favorable outcome, some may expect the Eldred decision to “deconstitutionalize” intellectual property law and reduce to a trickle further scholarly * Chancellor’s Professor of Law and Information Management, University of California at Berkeley. Research support for this article was provided by NSF Grant No. SES 9979852. I wish to thank Eddan Katz for his exceptional research assistance with this article. 1 See, e.g., Dan L. Burk, Patenting Speech, 79 Tex. L. Rev. 99 (2000); Paul J. Heald and Suzanna Sherry, Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Constraint on Congress, 2000 U. Ill. L. Rev. 1119 (2000); Robert Patrick Merges and Glenn Harlan Reynolds, The Proper Scope of the Copyright and Patent Power, 37 J. Legis. 45 (2000); Mark A. Lemley, The Constitutionalization of Technology Law, 15 Berkeley Tech. L.J. 529 (2000); Malla Pollack, Unconstitutional Incontestability? The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. v. -
Audiences, Gender and Community in Fan Vidding Katharina M
University of Wollongong Research Online University of Wollongong Thesis Collection University of Wollongong Thesis Collections 2011 "Veni, Vidi, Vids!" audiences, gender and community in Fan Vidding Katharina M. Freund University of Wollongong, [email protected] Recommended Citation Freund, Katharina M., "Veni, Vidi, Vids!" audiences, gender and community in Fan Vidding, Doctor of Philosophy thesis, School of Social Sciences, Media and Communications, Faculty of Arts, University of Wollongong, 2011. http://ro.uow.edu.au/theses/3447 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] “Veni, Vidi, Vids!”: Audiences, Gender and Community in Fan Vidding A thesis submitted in fulfilment of the requirements for the award of the degree Doctor of Philosophy From University of Wollongong by Katharina Freund (BA Hons) School of Social Sciences, Media and Communications 2011 CERTIFICATION I, Katharina Freund, declare that this thesis, submitted in fulfilment of the requirements for the award of Doctor of Philosophy, in the Arts Faculty, University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. The document has not been submitted for qualifications at any other academic institution. Katharina Freund 30 September, 2011 i ABSTRACT This thesis documents and analyses the contemporary community of (mostly) female fan video editors, known as vidders, through a triangulated, ethnographic study. It provides historical and contextual background for the development of the vidding community, and explores the role of agency among this specialised audience community. Utilising semiotic theory, it offers a theoretical language for understanding the structure and function of remix videos. -
Copyright Online Education
Roadmap Copyright online education April 2018 Education and Student Affairs 1 | Roadmap for Copyright April 2018 Table of content Table of content ....................................................................................2 Introduction .........................................................................................3 Open Education and Licenses ...................................................................4 What you further have to know about Creative Commons .............................6 What is… .............................................................................................7 Flow chart for the use of footage in ..........................................................9 Searching for images, audio or video via CC Search ................................... 10 More websites with new CC footage ........................................................ 11 Attributing works ................................................................................. 12 Copyright and Brightspace .................................................................... 14 Contact .............................................................................................. 16 2 | Roadmap for Copyright April 2018 1. Introduction Education is based on a foundation of sharing. In our education we share knowledge with our students and our fellow teachers. Sharing educational resources openly and offering open and online courses gives others a chance to benefit from the knowledge we teach. In return others can contribute back -
ELDRED V. ASHCROFT: the CONSTITUTIONALITY of the COPYRIGHT TERM EXTENSION ACT by Michaeljones
COPYRIGHT ELDRED V. ASHCROFT: THE CONSTITUTIONALITY OF THE COPYRIGHT TERM EXTENSION ACT By MichaelJones On January 15, 2003, the Supreme Court upheld the constitutionality of the Copyright Term Extension Act ("CTEA"), which extended the term of copyright protection by twenty years.2 The decision has been ap- plauded by copyright protectionists who regard the extension as an effec- tive incentive to creators. In their view, it is a perfectly rational piece of legislation that reflects Congress's judgment as to the proper copyright term, balances the interests of copyright holders and users, and brings the3 United States into line with the European Union's copyright regime. However, the CTEA has been deplored by champions of a robust public domain, who see the extension as a giveaway to powerful conglomerates, which runs contrary to the public interest.4 Such activists see the CTEA as, in the words of Justice Stevens, a "gratuitous transfer of wealth" that will impoverish the public domain. 5 Consequently, Eldred, for those in agree- ment with Justice Stevens, is nothing less than the "Dred Scott case for 6 culture." The Court in Eldred rejected the petitioners' claims that (1) the CTEA did not pass constitutional muster under the Copyright Clause's "limited © 2004 Berkeley Technology Law Journal & Berkeley Center for Law and Technology. 1. Sonny Bono Copyright Term Extension Act, 17 U.S.C. §§ 108, 203, 301-304 (2002). The Act's four provisions consider term extensions, transfer rights, a new in- fringement exception, and the division of fees, respectively; this Note deals only with the first provision, that of term extensions. -
The Copyright Act of 1976 (As Amended and Codified)
The Copyright Act of 1976 (as amended and codified) The Act of October 19, 1976 , Public Law Number 94-553 , 90 Stat. 2598, effective January 1, 1978. Chronology of Amendments Public Law No. 95-94 , 91 Stat. 653, 682 (Aug. 5, 1977) amended Sections 203 and 708. Public Law No. 95-598 , 92 Stat. 2676 (Nov. 6, 1978) amended Section 201. Public Law No. 96-517 , 94 Stat. 3028 (Dec. 12, 1980) amended Sections 101 and 117. Public Law No. 97-180 , 96 Stat. 93 (May 24, 1982) amended Section 506. Public Law No. 97-215 , 96 Stat. 178 (July 13, 1982) amended Section 601. Public Law No. 97-366 , 96 Stat. 1759 (Oct. 25, 1982) amended Section 110, 708. Public Law No. 98-450 , 98 Stat. 1727 (Oct. 4, 1984) amended Sections 109 and 115. Public Law No. 98-620 , 98 Stat. 3347 (Nov. 8, 1984) added Chapter 9 (§ § 901 et seq. ). Public Law No. 99-397 , 100 Stat. 848 (Aug. 27, 1986) amended Sections 111 and 801. Public Law No. 100-159 , 101 Stat. 900 (Nov. 9, 1987) amended Sections 902 and 914. Public Law No. 100-568 , 102 Stat. 2853 (Oct. 31, 1988) added Section 116A and amended Sections 101, 116, 205, 301, 401, 402, 403, 404, 405, 406, 407, 408, 411, 501, 504, 801, and 804. Public Law No. 100-617 , 102 Stat. 3194 (Nov. 5, 1988) amended Section 109 and 17 U.S.C. § 109 note. Public Law No. 100-667 , 102 Stat. 3949 (Nov. 16, 1988) added Section 119 and amended Sections 111, 501, 801, and 804. -
Reform(Aliz)Ing Copyright
SPRIGMAN FINAL 12/17/2004 3:36 PM REFORM(ALIZ)ING COPYRIGHT Christopher Sprigman* INTRODUCTION...................................................................................................... 486 I. THE TRADITIONAL CONTOURS OF “CONDITIONAL” COPYRIGHT ....................... 491 A. Formalities in the Early Copyright Statutes ................................................ 491 B. From Conditional to Unconditional Copyright ........................................... 494 1. Voluntary registration and notice............................................................. 494 2. Renewal .................................................................................................... 498 II. FORMALITIES AND THE “TRADITIONAL CONTOURS” OF CONDITIONAL COPYRIGHT .............................................................................................................................. 500 A. Recording Ownership.................................................................................. 500 1. “Signaling” .............................................................................................. 501 2. Maximizing private incentives .................................................................. 501 B. Formalities as a Copyright “Filter”............................................................ 502 1. Registration and notice............................................................................. 502 2. Renewal .................................................................................................... 519 3. Effect -
Supreme Court of the United States
(Slip Opinion) OCTOBER TERM, 2002 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus ELDRED ET AL. v. ASHCROFT, ATTORNEY GENERAL CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 01–618. Argued October 9, 2002—Decided January 15, 2003 The Copyright and Patent Clause, U. S. Const., Art. I, §8, cl. 8, provides as to copyrights: “Congress shall have Power . [t]o promote the Progress of Science . by securing [to Authors] for limited Times . the exclusive Right to their . Writings.” In the 1998 Copyright Term Extension Act (CTEA), Congress enlarged the duration of copy- rights by 20 years: Under the 1976 Copyright Act (1976 Act), copy- right protection generally lasted from a work’s creation until 50 years after the author’s death; under the CTEA, most copyrights now run from creation until 70 years after the author’s death, 17 U. S. C. §302(a). As in the case of prior copyright extensions, principally in 1831, 1909, and 1976, Congress provided for application of the en- larged terms to existing and future copyrights alike. Petitioners, whose products or services build on copyrighted works that have gone into the public domain, brought this suit seeking a de- termination that the CTEA fails constitutional review under both the Copyright Clause’s “limited Times” prescription and the First Amendment’s free speech guarantee. -
Digital Rights Management, Copyright, and Napster†
Digital Rights Management, Copyright, and Napster† Nic Garnett* Digital Rights Management technologies in the field of copyright protection should meet four objectives: • give consumers new freedom to enjoy music and other forms of content; • give copyright owners and other value chain participants the means to manage and protect their rights in published works; • implement elements of law, such as copyright exceptions, that ensure that rights are managed in accordance with the public interest; • provide users with the means to manage their legitimate personal rights and interests. We sketch how these goals can be achieved with current technology for peer-to-peer Digital Rights Management (DRM). This technology can ensure the neutrality, security, commercial reliability, and trusted interoperability of applications and services used to protect and manage rights in all forms of information, including creative works protected by copyright. The rapidly evolving area of digital commerce in information requires a framework of commercial trust comparable in scope, and at least as reliable, as the systems of trust that underpin commerce in the physical world. 1. INTRODUCTION Great creators are normally great communicators, their individual voices collectively embodying and expressing the values and passions of their culture. Using digital technology expedites the accurate communication of creators’ works. When employed in the proper context, digital technology can also support the universe of rights associated with most creative works – the rights of creators, value chain members, users, and societal organizations. Although digital technology can greatly enhance the communication of creators’ works, it can also create severe problems. Improperly used digital technology can deny content creators and their successors a commercial return on their labor and the ability to manage and exploit their own property. -
Diverted Derived Design
Diverted Derived Design Table of Contents Introduction 0 Motivations 1 Licenses 2 Design (as a) process 3 Distributions 4 Economies 5 Propositions 6 This book 7 Glossary 8 2 Diverted Derived Design Introduction The term open source is becoming popular among product designers. We see websites and initiatives appear with a lot of good intentions but sometimes missing the point and often creating confusion. Design magazines and blogs are always rushing into calling an openly published creation open source but rarely question the licenses or provide schematics or design files to download. We are furniture designers, hackers and artists who have been working with free/libre and open source software for quite some time. For us, applying these prirciples to product design was a natural extension, providing new areas to explore. But we also realized that designers coming to this with no prior open source experience had a lot of information to grasp before getting a clear picture of what could be open source product design. So we set ourselves to mobilize our knowledge in this book. We hope that this tool can be a base for teaching and learning about open source product design; a collective understanding of what one should know today to get started and join the movement; a reference students, amateurs and educators can have in their back pocket when they go out to explain what they are passionate about. How to read this book We have divided this book in sections that make sense for us. Each of these tries to address what we think is a general question you might have about open source product design. -
Guide to Using Public Domain Tools
Creative Commons makes sharing easy Public domain works are valuable because anyone What is the difference between can freely build upon, enhance, and reuse them for CC0 and the Public Domain Mark? any purposes without restriction under copyright or database law. CC0 (“CC Zero”) is intended for use only That’s why it’s important for creators to have a clear and by authors or holders of copyright and legally robust way to place their works in the public domain as related rights (including database rights), in connection Guide to completely as possible, and it’s also important for publishers with works that are still subject to those rights in one or and archives to have a standardized way to identify works that are already in the public domain. more countries. Creative Commons supports two distinct public domain tools, When CC0 is applied to a work, copyright and related using public rights are relinquished worldwide, making the work free the CC0 Public Domain Dedication and the Public Domain Mark. Creative Commons copyright licenses help authors from those restrictions to the greatest extent possible. manage their copyright on terms they choose. Conversely, CC0 domain tools enables authors and copyright owners who want to dedicate The Public Domain Mark (PDM) is used their works to the worldwide public domain to do so, and PDM to label works that are already free of facilitates the labeling and discovery of works that are already known copyright restrictions. Unlike CC0, PDM doesn’t free of known copyright restrictions. change the copyright status of a work.