Jan 23, week 3
Copyright Law - http://www.temple.edu/lawschool/dpost/copyrit.htm
• Copyright is a form of intellectual property. Intellectual property includes intangible assets such as works of authorship, ideas, and business
goodwill. Intellectual property laws protect these intangible assets. Protection is secured through four separate bodies of law, patent law, trade
secret law, trademark law, and copyright law.
• Patent law protects new, useful, and nonobvious inventions.
• Trade secret law protects any formula, pattern, practice, device or compilation of information used in business that provides an advantage over
competitors who do not know or use it.
• Trademark law protects words and symbols that are used in connection with products and services and are tangible representations of business
goodwill associated with those products and services.
• Copyright law protects the expressions contained in original works of authorship.
• The Copyright Revision Act pre-empted common law copyright protection by providing copyright protection for both published and unpublished
works as long as the work is fixed in tangible form
• A copyright protects the expression of an idea.
• What copyright law does not protect is the idea embodied in the expression. Unless the idea is protected by another form of intellectual property
right, such as a patent or trade secret, the public is free to use it.
• Copyright does not keep the public from making its own image. Example: The idea of what to make the subject of a photograph is not protected by
copyright. Thus, although the public may make its own version of the image of the photographed object, it may not copy the photograph itself, such
as by photocopying or the like. (This assumes that the object being photographed is not itself the subject of a copyright.)
• Copyright protects all works of creativity. Like pictorial, graphic, musical, architectural works, sculptures, choreography.
• authors of a joint work are co-owners of the copyright in the work. However, in some instances, the creator or creators of a work are not considered
under the law to be the "author" of the work and therefore, not the initial owner of the copyright.
• In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of
copyright law. Unless the parties have expressly agreed otherwise in a written instrument signed by them, the employer owns all of the rights
comprised in the copyright of a work prepared by an employee in the course of employment.
• "Work for hire" is a defined term in the copyright statute. Two categories of work for hire are codified: (1) a work prepared by an employee within the
scope of his or her employment, and (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a
motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer
material for a test or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work for
• The statute clearly distinguishes between the ownership of copyright and the ownership of the material object in which the copyrighted work of
authorship is embodied. For example, you may purchase a copy of a book and you own that physical copy, being free to lend, sell, or destroy it.
You may not, however, engage in any of the exclusive rights of the owner of the copyright, such as making a complete copy of the book or making a
movie from it
• A copyright held by an individual author has a term consisti ng of the life of the author plus 50 years. In the case of a joint work by two or more
authors, the term consists of the life of the author who last dies plus 50 years.
• The copyright statute defines a second type of work as a "work for hire." Fo r example, copyrightable material created by an individual in the
course of employment is considered to be a work for hire. Ownership of the copyright vests automatically in the employer. The copyright in a work
for hire has a term of 75 years from the da te of publication or 100 years from its creation, whichever expires first.
• On the Internet, the question of what actually constitutes an act of infringement is yet to be fully answered. In fact, it is not likely to be answered in
such a way as to provide comfort and guidance to either the owner of the copyright or to the public. • Copyright Management Systems (CMS) provide one such technological solution to controlling access to di gital information. CMS is a vehicle for
the enforcement of a copyright owner's exclusive rights. However, CMS does not apply fair use principles to the public's access to a digital work,
thus potentially excluding all permitted and fair uses. Additionally, Copyright Management Systems presents what some have called a remedial
overkill that sanctions an Orwellian supervision of the public's use of digital information.
Moral rights encompasses three major components.
• the right of disclosure; protects the creator's right to be the sole judge of when a work is ready for public dissemination.
• the right of attribution; and
• the right of integrity.
History of Copyright Law - http://en.wikipedia.org/wiki/History_of_copyright
• The history of copyright law starts with early privileges and monopolies granted to printers of books.
• copyright now covers a wide range of works, including maps, performances,paintings, photographs, sound recordings, motion
pictures and computer programs.
• Although there are consistencies among nations' copyright laws, each jurisdiction has separate and distinct laws and regulations about copyright.