Copyright
Copyright
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Introduction to Copyright
Copyright, branch of law granting authors the exclusive privilege to reproduce, distribute, perform, or display their creative works. The goal of copyright law is to encourage authors to invest effort in creating new works of art and literature. Copyright is one branch of the larger legal field known as intellectual property, which also includes trademark and patent law. Copyright law is the legal foundation protecting the work of many major industries, including book publishing, motion-picture production, music recording, and computer software development. These industries account for considerable economic activity in the United States, making copyright law a field of enormous economic importance. Not every work of authorship is eligible for copyright. To qualify for copyright protection, a work must be both fixed and original. The law considers a work to be fixed if it is recorded in some permanent format. Acceptable ways of fixing a work include writing it down, storing it on a computer floppy disk or compact disc (CD), recording it on videotape, or sculpting it in marble. If a poet thinks of a new poem and recites it to an audience without writing it down, copyright does not protect the poem because it is not fixed. To be original, the work must not be copied from previously existing material and must display at least a reasonable amount of creativity. For example, if an author writes the words "the sky is blue" on a piece of paper, copyright does not protect the words because they lack sufficient creativity. Consequently, short phrases and titles are usually not protected by copyright, but in some circumstances they may be protected by trademark law. Copyright only protects the words, notes, or images that the creator has used. It does not protect any ideas or concepts revealed by the work. If, for example, a scientist publishes an article explaining a new process for refining oil, the copyright prevents others from copying the words of that article. It does not, however, prevent anyone else from using the process described to refine oil. To protect the process, the scientist must obtain a patent. Similarly, if a novelist writes a book about a man obsessed about killing a whale, other people may write their own books on the same subject, as long as they do not use the exact words or a closely similar plot. " (1)
Copyright Law in the Jurisdictions
LEGAL BASIS
This area covers the following:
The legal system
Find out more about The legal system in this world global legal platform (publication).
The current legislative acts governing copyright and its enforcement
Find out more about The current legislative acts governing copyright and its enforcement in this world global legal platform (publication).
The current secondary law
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Territorial scope of application
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Important recent amendments in legislation
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Transitional provisions
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Pending legislation
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International conventions to which the country is aparty
Find out more about International conventions to which the country is aparty in this world global legal platform (publication).
SUBJECT MATTER OF PROTECTION
This area covers the following:
Categories of protected subject matter within the meaning of the Berne Convention
Find out more about Categories of protected subject matter within the meaning of the Berne Convention in this world global legal platform (publication).
Other categories of protected subject matter, including audiovisual recordings
Find out more about Other categories of protected subject matter, including audiovisual recordings in this world global legal platform (publication).
General substantive requirements for protection and irrelevant factors
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Scope of protection
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Works excluded from protection
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Formal requirements
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THE AUTHOR OR OTHER COPYRIGHT OWNER
This area covers the following:
Author of work
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Coauthorship/joint authorship
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Other forms of work in uenced by several persons
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Presumptions of authorship or rst ownership, including work made for hire
Find out more about Presumptions of authorship or rst ownership, including work made for hire in this world global legal platform (publication).
CONTENTS OF PROTECTION
This area covers the following:
Economic rights and secondary infringement, where applicable
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Moral rights
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LIMITATIONS AND EXCEPTIONS; COMPULSORY LICENSES
This area covers the following:
General explanations
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The individual limitations, exceptions, and compulsory licenses
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DURATION OF PROTECTION
This area covers the above in respect of diferent kinds of works. Find out more about the duration of protection, in general, and in respect of diferent kinds of works in this world global legal platform (publication).
RELATED RIGHTS
This area covers the following:
Subject matter of protection
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Right owners
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Protection for the related-rights owners
Find out more about Contents of protection for the related-rights owners in this world global legal platform (publication).
Limitations and exceptions
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Duration of protection
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CONFLICT OF LAW RULES AND STATUS OF FOREIGNERS
This area covers the following:
Applicable procedural law
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Applicable substantive law
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Execution of foreign judgments
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Status of foreigners
Find out more about Status of foreigners in this world global legal platform (publication), including:
Application of international conventions, and
Protection of foreign authors and related-right owners other than on the basis of international conventions
RIGHTS MANAGEMENT
This area covers individual and collective rights management.
INDIVIDUAL RIGHTS MANAGEMENT
This area covers the following:
Transfer of copyright and related rights
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Transfer or assignment of economic rights to the contractual partner
Find out more about Legal presumptions of transfer or assignment of economic rights to the contractual partner in this world global legal platform (publication).
Statutory rules for matters other than remuneration
Find out more about Statutory rules regarding copyright and related rights contracts for matters other than remuneration in this world global legal platform (publication).
Rules regarding remuneration for authors and performing artists
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Other provisions or case law
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COLLECTIVE RIGHTS MANAGEMENT
This area covers the following:
General: scope of regulation
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Conditions for collective management organizations (CMOs) to become active
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Regulation of relationship between CMO and right owners
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Regulation of relationship between CMO and professional users
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Procedural provisions on CMOs
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Control/supervision of CMOs
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Cultural and social functions of CMOs
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Existing CMOs
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ENFORCEMENT
Enforcement includes the treatment of Remedies, Procedures, Courts and Judicial Execution.
REMEDIES
Remedies, in this world global legal platform (publication), includes the following
Civil remedies
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Criminal sanctions
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Administrative sanctions, where applicable
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Circumvention of technical measures and rights-management information
Find out more about Particular remedies in respect of circumvention of technical measures and rights-management information in this world global legal platform (publication).
AVAILABLE PROCEDURES AND COURTS
This covers the following:
Civil proceedings
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Criminal proceedings
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Administrative proceedings
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JUDICIAL EXECUTION
This covers, among others, the following in this world global legal platform (publication).
General rules
Find out more about General rules in this world global legal platform (publication).
Specic rules for copyright and related rights
Find out more about Specic rules for copyright and related rights in this world global legal platform (publication).
The Legal History of Copyright
This section provides an overview of Copyright
The Legal History of Copyright in English Common Law
This section provides an overview of Copyright in English Common Law
Spanish Translation of copyright
This is the legal translation of English to Spanish in relation to copyright and / or a definition of this topic: Derecho de Autor (in Spanish, without translation of the dictionary entry).
Spanish Translation of copyright
This is the legal translation of English to Spanish in relation to copyright and / or a definition of this topic: Copyright (in Spanish, without translation of the dictionary entry).
Copyright in Law Libraries
The follow definition of Copyright is of use in law library research: Copyright laws protect intellectual property from misuse by other individuals. Ideas and information in print or electronic form are the property of the person who created them. You must obtain permission to use copyrighted material. You may use copyrighted materials for educational purposes if you adhere to the fair-use guidelines. For more information refer to the Copyright page.
Copyright and the GATT Policy Negotiations
In relation to the GATT Policy Negotiations, Christopher Mark (1993) provided the following explanation and/or definition of Copyright: The exclusive right of authors, composers, playwrights, artists, publishers, or distributors to publish and dispose of their work for a specified time. Copyright protection varies from country to country , and its enforcement is a major issue in international negotiations concerning intellectual property rights.
In the United States
For information about Copyright in the context of international trade, click here
Copyright and the Laws of International Trade
Gray Market Goods
Copyright in Electronic Commerce
Copyright in the Online Business Law
Copyright in International Trade
Meaning of Copyright, according to the Dictionary of International Trade (Global Negotiator): A set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute, and adapt the work
. In international business copyrights are transmitted and sold through license agreements.
Copyright
Resources
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See Also
Including similar content viewed by others, in case you missed it:
Legal System
Judiciary
Justice
Resources
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See Also
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Adaptation right
Collective work
Common-law copyright
Compilation
Compulsory license
Created
Derivative work
Descriptive mark
Display
Fair use doctrine
First sale rule
Infringement
Limited publication
Literary property
Literary work
Work made for hire
Resources
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E-Commerce Regulations
Online Business Law
Online Business Regulations
Resources
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Notes and References
Information about Copyright in the Encarta Online Encyclopedia
See Also
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Legal Biography
Legal Traditions
Historical Laws
History of Law
Resources
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Further Reading
Copyright in the Oxford International Encyclopedia of Legal History (Oxford University Press)
The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
Copyright in the Dictionary of Concepts in History, by Harry Ritter
Copyright in English Common Law in the Dictionary of Concepts in History, by Harry Ritter
A Short History of Western Legal Theory, by John Kelly
Information about Copyright in the Encyclopedia of World Trade: from Ancient Times to the Present (Cynthia Clark Northrup)
Guide to Copyright
In this Section
Copyright, Copyright History, Copyright in the Digital Age and International Copyright.
Hierarchical Display of Copyright
Production, Technology And Research > Research and intellectual property > Intellectual property
Education And Communications > Information technology and data processing > Information technology industry > Software > Open source software
Social Questions > Culture and religion > Cultural policy > Literary and artistic property
Law > Rights and freedoms > Rights of the individual > Protection of privacy > Right of personal portrayal
Education And Communications > Information and information processing > Information > Reprography
Education And Communications > Communications > Communications industry > Publishing > Electronic publishing > Open access publishing
Education And Communications > Information technology and data processing > Data processing > Data protection
Education And Communications > Information and information processing > Information policy > Law relating to information
Education And Communications > Communications > Communications policy > Audiovisual communications policy > Audiovisual piracy
Social Questions > Culture and religion > Cultural policy > Cultural exception
Education And Communications > Information technology and data processing > Data-processing law > Computer crime > Computer piracy
Education And Communications > Information technology and data processing > Computer system > Information technology applications > Digital rights management
Copyright
Concept of Copyright
See the dictionary definition of Copyright.
Characteristics of Copyright
Resources
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Translation of Copyright
Spanish: Derechos de autor
French: Droit d'auteur
German: Urheberrecht
Italian: Diritto d'autore
Portuguese: Direito de autor
Polish: Prawo autorskie
Thesaurus of Copyright
Production, Technology And Research > Research and intellectual property > Intellectual property > Copyright
Education And Communications > Information technology and data processing > Information technology industry > Software > Open source software > Copyright
Social Questions > Culture and religion > Cultural policy > Literary and artistic property > Copyright
Law > Rights and freedoms > Rights of the individual > Protection of privacy > Right of personal portrayal > Copyright
Education And Communications > Information and information processing > Information > Reprography > Copyright
Education And Communications > Communications > Communications industry > Publishing > Electronic publishing > Open access publishing > Copyright
Education And Communications > Information technology and data processing > Data processing > Data protection > Copyright
Education And Communications > Information and information processing > Information policy > Law relating to information > Copyright
Education And Communications > Communications > Communications policy > Audiovisual communications policy > Audiovisual piracy > Copyright
Social Questions > Culture and religion > Cultural policy > Cultural exception > Copyright
Education And Communications > Information technology and data processing > Data-processing law > Computer crime > Computer piracy > Copyright
Education And Communications > Information technology and data processing > Computer system > Information technology applications > Digital rights management > Copyright
See Also
Including similar content viewed by others, in case you missed it:
Accessory right