Copyright is a form of
intellectual property that gives the
author of an original work
exclusive
right for a certain time period in relation to that work,
including its publication, distribution and adaptation, after which
time the work is said to enter the
public
domain. Copyright applies to any expressible form of an idea or
information that is substantive and discrete and fixed in a medium.
Some jurisdictions also recognize "moral rights" of the creator of
a work, such as the right to be credited for the work. Copyright is
described under the umbrella term intellectual property along with
patents and
trademarks.
The
concept of copyright originates with the Statute of Anne (1710) in Great
Britain
. An example of the intent of copyright, as
expressed in the
United
States Constitution, is "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."
Copyright has been internationally standardized, lasting between
fifty to a hundred years from the author's death, or a shorter
period for anonymous or corporate authorship. Some jurisdictions
have required formalities to establish 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.
History
Concept of
copyright originates with the Statute of
Anne (short title Copyright
Act 1709 8 Anne c.19; long title
"An Act for the Encouragement of Learning, by vesting the Copies of
Printed Books in the Authors or purchasers of such Copies, during
the Times therein mentioned"), in Britain
, enacted in 1709 and entering into force on 10
April 1710. The act established the author of a work as the
owner of the right to copy that work and the concept of a fixed
term for that copyright. It was created as an act "for the
encouragement of learning", as it had been noted at the time that
publishers were reprinting the works of authors without their
consent "to their very great detriment, and too often to the Ruin
of them and their Families". As such, copyright was first created
with the intention that authors might have some control over the
printing of their work and to receive some financial recompense, so
that this would encourage them to write more books and thus to aid
the flow of ideas and learning. As the act itself says: "for the
encouragement of learned men to compose and write useful
books".
The
Statute of Anne was the first
real copyright act, and gave the authors rights for a fixed period,
a
fourteen year term for all works published under
the statute, after which the copyright expired. Copyright has grown
from a legal concept regulating copying rights in the publishing of
books and maps to one with a significant effect on nearly every
modern industry, covering such items as
sound recordings, films,
photographs, software, and architectural works. Subsequently the
Copyright Clause of the
United States Constitution (1787)
authorized copyright legislation: "To promote the Progress of
Science..., by securing for limited Times to Authors.... the
exclusive Right to their... Writings."
Berne Convention for the Protection of Literary and Artistic
Works
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. In these countries, there is no requirement for an author
to "register" or "apply for" a copyright, or to mark his or her
works with a
copyright symbol or
other legend. 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 UK signed the Berne
Convention in 1887 but did not implement large parts of it until a
century later with the passage of the
Copyright, Designs and
Patents Act of 1988. The USA did not sign the Berne Convention
until 1989.
Other international conventions
The United States and most
Latin
American countries instead entered into the
Buenos Aires Convention in 1910,
which required a copyright notice (such as "all rights reserved")
on the work, and permitted signatory nations to limit the duration
of copyrights to shorter and renewable terms.
The Universal Copyright
Convention was drafted by UNESCO
in 1952 as
another less demanding alternative to the Berne Convention, and
ratified by nations such as the Soviet Union
and developing nations.
Anti-Counterfeiting Trade Agreement
The Anti-Counterfeiting Trade Agreement (ACTA) is a proposed
plurilateral trade agreement which is claimed by its
proponents to be in response "to the increase in global trade of
counterfeit goods and pirated copyright protected works." The scope
of ACTA is broad, including
counterfeit
physical goods, as well as "internet distribution and information
technology".
In October
2007 the United
States
, the European
Community, Switzerland
and Japan
announced
that they would negotiate ACTA. Furthermore the
following countries have joined the negotiations: Australia, the Republic of Korea
, New
Zealand
, Mexico
, Jordan
, Morocco
, Singapore
, the United Arab Emirates
and Canada
. The
ACTA negotiations have been largely conducted in secrecy, with very
little information being officially disclosed. However, on 22 May
2008 a discussion paper about the proposed agreement was uploaded
to
Wikileaks, and newspaper reports about
the secret negotiations quickly followed.
Copyright by country
Copyright laws have been standardized to some extent 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. Although there are
consistencies among nations'
intellectual property laws, each
jurisdiction has separate and distinct laws and regulations about
copyright. The
World Intellectual
Property Organization summarizes each of its member states'
intellectual property laws on its website (see
WIPO Guide to Intellectual Property Worldwide and
National copyright laws in the See also section
below).
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. The 2002
WIPO
Copyright Treaty enacted greater restrictions on the use of
technology to copy works in the nations that ratified it.
Justification
The British
Statute of Anne, full
title “An Act for the Encouragement of Learning, by Vesting the
Copies of Printed Books in the Authors or Purchasers of such
Copies, during the Times therein mentioned”, was the first act to
directly protect the rights of authors. Since its inception,
copyright is considered a
property
right and attempts to balance the rights of the producer with
the rights of society at large. According to the
World Intellectual
Property Organisation (WIPO),
intellectual property laws, which
includes industrial property and copyright, exist for primarily two
reasons:
"One is to give statutory expression to the moral and
economic rights of creators in their creations and to the rights of
the public in accessing those creations. The second is to promote
creativity, and the dissemination and application of its results,
and to encourage fair trade, which would contribute to economic and
social development."
Under US copyright law, the justification appears in the
constitutional provision authorizing Congress to enact copyright
laws: Article I, section 8, clause 8 provides that "Congress shall
have Power ... To promote the Progress of Science ... by securing
for limited Times to Authors ... the exclusive Right to their ...
Writings." The term "science" has been interpreted to refer to
human knowledge in general. The justification for US copyright is
thus seen to be that the prospect of copyright grants encourages
authors to make public their writings, which will then become a
part of the public domain after a limited period. The theory that
copyright is a natural property right of authors has been rejected
in a series of decisions of the U.S.
Supreme
Court
beginning with Wheaton v. Peters (1834).
Scope

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Copyright may apply to a wide range of creative, intellectual,
scientific, or artistic forms, or "works". Specifics vary by
jurisdiction, but these can include
poems,
theses,
plays, other
literary works,
movies,
dances,
musical compositions,
audio recordings,
paintings,
drawings,
sculptures,
photographs,
software,
radio and
television and
broadcasts.
Copyright does not cover ideas and information themselves, only the
form or manner in which they are expressed. 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 it does not
prohibit the creation of other works about anthropomorphic mice in
general, so long as they're not copies or adaptations of Disney's
mouse. 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). However, other
laws — such as
trademark and
patent law — may impose additional restrictions that
copyright does not.
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, labour and judgment' that has gone into it. In
Australia and the United Kingdom it has been held that a single
word is insufficient to comprise a copyright work. However, single
words or a short string of words can sometimes be registered as a
trademark instead.
Copyright law recognizes the right of an author based on whether
the work actually is an original creation, rather than based on
whether it is unique; two authors may own copyright on two
substantially identical works, if it is determined that the
duplication was coincidental, and neither was copied from the
other.
In all countries where the
Berne Convention standards apply, copyright is automatic, and
need not be 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 computer file), the
copyright holder is entitled to enforce his or her exclusive
rights. However, while registration isn't needed to exercise
copyright, in jurisdictions where the laws provide for
registration, it serves as
prima
facie evidence of a valid copyright and enables the
copyright holder to seek
statutory
damages and attorney's fees. (In the USA, 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 author rather than the author himself, if the work is a
"
work for hire". 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 as a "Work for Hire."
Copyrights are generally enforced by the holder in a
civil law court, but there are also
criminal infringement 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:
File sharing and the law)
"Poor man's copyright"
Because of the cost associated with
copyright registration some creators,
particularly musicians, have attempted to establish evidence of
ownership and creation of a work by mailing it to themselves. In
the US this non-statutory practice became known as "poor man's
copyright." Today the US Copyright Office makes it clear that the
technique is no substitute for actual copyright registration,
although the practice may be accepted as proof of creation in a
number of national jurisdictions, such as the UK and the
Netherlands. "Poor man's copyright" may also include depositing a
copy of the work with a bank or attorney.
Exclusive rights
Several exclusive rights typically attach to the holder of a
copyright:
The phrase “exclusive right,” in this context, means that only the
copyright holder has a legal power to secure relief from a court
against certain, statutorily defined uses by others without the
copyright holder's authorization. The copyright holder is free to
exercise those rights, unless doing so would violate rights of
others. Copyright is sometimes called a “negative right” or
"exclusionary right," as it serves to
prohibit or
exclude other people (e.g., readers, viewers, or
listeners, and primarily publishers and would-be publishers) from
doing something they would otherwise be able to do, rather than
permitting people (e.g., authors) to do something they
would otherwise be unable to do. 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 some or all of the term.
There is, however, a critique that rejects this assertion as being
based on a
philosophical
interpretation of copyright law that 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.
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.
Duration
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 or not, 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. In some countries (for example, the United
States and the United Kingdom), copyrights expire at the end of the
calendar year in question.
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.
Limits and exceptions to copyright
Idea-expression dichotomy
Immanuel Kant in his 1785 essay
Von der Unrechtmäßigkeit des Büchernachdrucks
distinguishes the physical from the ideological, the thought
involved from the book. This distinction is of critical importance
to the near constant wrangling between publishers, other
intermediaries, and the original, creative authors.
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 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 that 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.
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.
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
, 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. Those factors are:
- the purpose and character of the use;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation
to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of
the copyrighted work.
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 copyrighted material can be legally
copied or adapted without the copyright holder's consent. Fair
dealing uses are research and study; review and critique; parody
and satire; news reportage and the giving of professional advice
(i.e.
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 for a computer.
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.
- Section 1008. Prohibition on certain infringement
actions
- No action ever may be brought under this title alleging
infringement of copyright based on the manufacture, importation, or
distribution of a digital audio recording device, a digital audio
recording medium, an analog recording device, or an analog
recording medium, or based on the noncommercial use by a consumer
of such a device or medium for making digital musical recordings or
analog musical recordings.
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.
Educational use is regarded as "fair use" in most jurisdictions,
but the restrictions vary wildly from nation to nation.
Recent Israeli District Court decision dated Sep. 2, 2009 accepted
the defence of fair use for a site linking to P2P live feeds of
soccer matches. The main reasoning was based on the public
importance of certain sporting events, i.e. - the public's rights
as counter weight to the copyright holders rights.
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 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 or her 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.
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 recording transfers 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 (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. 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.
Similar legal rights
Copyright law covers the creative or artistic expression of an
idea.
Patent law covers
inventions.
Trademark law
covers distinctive
terms, marks, and
names that are used in relation to
products or
services as indicators of origin, as
does (in a similar fashion),
Trade dress
and
Design patents cover the look or
appearance of a manufactured or functional article.
Trade secret law covers secret or sensitive
knowledge or information.
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. 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 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.
What is a "copy"?
There are different approaches to the issue of what is a "copy" of
a copyright-protected work. For example, several important rights
under United States copyright law exist only for “copies” of
works—material objects in which the work is embodied. A
three-dimensional counterpart of a two-dimensional drawing is
usually not a “copy” of the drawing, under United States copyright
law. Thus, the copyright in a drawing of the approach to the
Triboro Bridge is not infringed when the bridge approach is
built.
The copyright law of England is different, a copyright in a drawing
is infringed by manufacture of the depicted object. As the House of
Lords held in
British
Leyland Motor Corp. v. Armstrong
Patents Co., the manufacture of a tailpipe corresponding to a
blueprint of the tailpipe infringes the copyright in the blueprint,
and unless a defense applies (as it did in that case) the tailpipe
“copyist” is liable for copyright infringement damages.
Typefaces
In the United States, the
Copyright Office maintains
that
typeface designs are not covered by
copyright, and it will not accept applications for their
registration. See
37. C.F.R. § 202.1(e). In
Tufenkian Import/Export
Ventures, Inc. v. Einstein Moomjy, Inc., 338 F.3d
127, 132 (2nd Cir. 2003), the United States Court of Appeals for
the Second Circuit recognized this rule when it held, “the public
domain includes, for example, both the generic shape of the letter
'L' and all of the elaborately more specific 'L's' from the
hundreds of years of font designs that have fallen into the public
domain.” However, if a design is novel and "non-obvious," it may be
covered by
design patent.
Germany (in 1981) passed a special extension
(
Schriftzeichengesetz) to the design patent law
(
Geschmacksmustergesetz) for protecting typeface designs.
This permits typefaces being registered as designs in Germany, too.
So far, the United States courts have not published any opinions
discussing whether a computer program creating a particular font
might be intellectual property protected by the copyright
laws.
England recognized copyright in typeface at least as early as 1916.
The current United Kingdom copyright statute, enacted in 1989,
expressly refers to copyrights in typeface designs. The
British law also applies
to designs produced before 1989.
In Switzerland, there is no specific law for the protection of
typefaces. The jurisdiction so far has been very reluctant in
admitting legal protection of any sort to typefaces. However, the
denied protection is not imperative: in theory typefaces could be
protected based on both copyright and design law. Additionally, the
name of a typeface can be protected by a trademark.
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
receiving prior permission from the copyright holder.
"Copyrightable" as a word
Use of "copyrightable" or "uncopyrightable" as words is rarely
helpful from a standpoint of legal analysis and is often misleading
or confusing. The problem is that, so long as a writing exists in
tangible form, there will usually be
something to which
some quantum of copyright protection attaches, even if it
is "thin." Thus, a book containing a list of computer-generated
code words might be said to be uncopyrightable for lack of
originality, a sine-qua-non of copyright protection, or for lack of
human authorship. But the work (considered as the whole book) will
likely contain an Introduction explaining what the book does, and
that portion of the book will almost surely have enough of that
minimal degree of creativity that suffices to attract some degree
of copyright protection. The proper issue is thus not
copyrightability but what kind of copyright protection (thin or
robust) attaches to which portions of the work. By the same token,
it is not helpful to speak of functionally-dictated or
scenes-a-faire aspects of a work as being uncopyrightable----it is
more useful to ask whether the copyright protection of the work
(for there is
some) extends to its functionally-dictated
or scenes-a-faire aspects.
See also
National copyright laws
US Legislation
EU Legislation
Treaties and International Agreements
Sui generis
References
- Article I, Section 8, Clause 8 aka
Copyright
Clause of the United States Constitution
- Statute of Anne
- United States Constitution, Article I, Section 8, clause 8. The
full text of the clause without ellipsis is: "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."
-
http://www.med.govt.nz/templates/ContentTopicSummary____34357.aspx
- 34 U.S. (8 Pet.) 591 (1834).
- Express Newspaper Plc v News (UK) Plc, F.S.R. 36
(1991)
- Copyright in General: I’ve heard about a "poor man’s copyright." What is
it?, U.S Copyright Office
- Auteursrecht - FAQ
- Copyright Registers', United Kingdom
Intellectual Property Office
- The Duration of Copyright and Rights in Performances
Regulations 1995, part II, Amendments of the UK Copyright, Designs and
Patents Act 1988
- International comparison of Educational "fair use"
legislation
- FAPL v. Ploni, September 2, 2009
- a more thorough analysis of the FAPL v. Ploni
decision
- See (defining "copy").
- See Muller v. Triboro Bridge Authority, 43 F. Supp.
298 (S.D.N.Y. 1942).
- See LB Ltd. v. Swish
Products Ltd., [1979] R.P.C. 551, [1979] F.S.R. 145 (H.L.).
Excerpted version available at Swish.
- Tufenkian Import/Export Ventures, Inc. v. Einstein
Moomjy, Inc., 338 F.3d 127, 132 (2nd Cir. 2003) (via
FindLaw)
- See, for example, , May 12, 1987, Typeface design,
Charles A. Bigelow and
Kris A. Holmes,
inventors.
- "Stephenson, Blake and Co. v. Grant, Legros & Co., 115
L.T.R. 666, 61 Sol. J. 55 (1916), reprinted in E.J. MacGillivray,
Copyright Cases 1911-1916 326-329 (1969), aff'd 116 L.T.R. 268
(1917), noted in 13 Eng. and Empire Digest 68, 68-69. The court
recognized that the typeface design was subject to copyright under
the then-current Copyright Act of 1911, An Act to Amend and
Consolidate the Law Relating to Copyright, 1911, 1 & 2 Geo. 5,
ch. 46 (Eng.). However, the plaintiff's victory was hollow. The
court held that the copyright protected only the design in its
entirety, with all the letters in their particular order. The
defendant's embodiment of them into a font of his own, as opposed
to a reproduction of the design with the letters in the same order,
was held not to infringe. MacGillivray , supra at 327-28." Terrence
J. Carroll, Protection For Typeface Designs: A Copyright Proposal,
10 Santa Clara Computer & High Tech. L.J. 139, 169, n.181.
- Copyright, Designs and Patents Act, 1988, ch. 48, § 54
(England)
- Valentin Blank, Der Schutz typographischer Schriftzeichen und
Schriften im Schweizer Recht, Bern 1999
(http://www.vblank.ch/articles/font-protection/index-g.html)
- Copyright (Visually Impaired Persons) Act 2002 (England):
http://www.rnib.org.uk/xpedio/groups/public/documents/publicwebsite/public_cvipsact2002.hcsp
- Cf. Reiss v. National Quotation Bureau, Inc., 276 F. 717
(S.D.N.Y. 1921).
- Feist
Publications, Inc. v. Rural Telephone Service Co., 499 U.S.
340(1991).
- See Feist, 499 U.S. at 349.
Further reading
- Ghosemajumder, Shuman.
Advanced Peer-Based Technology Business Models.
MIT Sloan
School of Management
, 2002.
- 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.
http://ssrn.com/abstract=787244
- Pievatolo, Maria Chiara. Publicness and Private
Intellectual Property in Kant's Political Thought.
http://bfp.sp.unipi.it/~pievatolo/lm/kantbraz.html
- Silverthorne, Sean. Music Downloads: Pirates- or Customers?.
Harvard
Business School Working Knowledge
, 2004.
- Sorce Keller, Marcello. ”Originality, Authenticity and
Copyright”, Sonus, VII(2007), no. 2, pp. 77-85.
External links