Photo:1
Photo:2
Photo:3
Photo:4
Photo:1 Photo:2 Photo:3 Photo:4 |
| Justification | |
| 2>
Main article: Philosophy of copyright
Some take the approach of looking for coherent justifications of established copyright systems, while others start with general ethical theories, such as utilitarianism and try to analyse policy through that lens. Another approach denies the meaningfulness of any ethical justification for existing copyright law, viewing it simply as a result (and perhaps an undesirable result) of political processes.
Another widely debated issue is the relationship between copyrights and other forms of "intellectual property", and material property. Most scholars of copyright agree that it can be called a kind of property, because it involves the exclusion of others from something. But there is disagreement about the extent to which that fact should allow the transportation of other beliefs and intuitions about material possessions.
There are many other philosophical questions which arise in the jurisprudence of copyright. They include such problems as determining when one work is "derived" from another, or deciding when information has been placed in a "tangible" or "material" form.
Some critics claim copyright law protects corporate interests while criminalizing legitimate use, while proponents argue the law is fair and just.[3]
[edit] Tags:Intellectual Property,Property,Exclusion, | |
| History | |
| 2>
Main article: History of copyright law
See also: Statute of Anne, United States copyright law, International copyright agreements, Berne Convention for the Protection of Literary and Artistic Works, and Agreement on Trade-Related Aspects of Intellectual Property Rights
Copyright was invented after the advent of the printing press and with wider public literacy. As a legal concept, its origins in Britain were from a reaction to printers' monopolies at the beginning of the eighteenth 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,[4] 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 Statute of Anne came into force in 1710
The British Statute of Anne (1709) further alluded to individual rights of the artist, beginning: "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:..."[5] 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.
Aside from the role of governments and the church, the history of copyright law is in essential ways also connected to the rise of capitalism and the attendant extension of commodity relations to the realm of creative human activities, such as literary and artistic production. Similarly, 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, expression and property of the collective. Not until capitalism emerges in Europe with its individualist ideological underpinnings does the conception of intellectual property and by extension copyright law emerge. Intellectual production comes to be seen as a product of an individual and their property, rather than a collective or social product which belongs in the commons. The most significant point is that under the capitalist mode of production, patent and copyright laws support in fundamental and thoroughgoing ways the expansion of the range of creative human activities that can be commodified. This parallels the ways in which capitalism led to the commodification of many aspects of social life that hitherto had no monetary or economic value per se.[6]
The Statute of Anne was the first real copyright act, and gave the publishers rights for a fixed period, after which the copyright expired.[7] 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.
The Copyright Act of 1790 in the Columbian Centinel
The Copyright Clause of the United States Constitution (1787) authorized copyright legislation: "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." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as a whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to his heirs.
The original length of copyright in the US was 14 years, and it had to be explicitly applied for. If the author wished, he could apply for a second 14 year monopoly grant, but after that the work entered the public domain, so it could be used and built upon by others.
Thomas Jefferson, who strongly advocated the ability of the public to share and build upon the works of others, proposed as part of the Bill of Rights that a short timespan be protected:
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.[8]
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: an author need not "register" or "apply for" a copyright in countries adhering to the Berne Convention.[9] 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 100 years later with the passage of the Copyright, Designs and Patents Act of 1988. The USA did not sign the Berne Convention until 1989.[10]
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.[11][12][13] 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.[14] The 2002 WIPO Copyright Treaty enacted greater restrictions on the use of technology to copy works in the nations that ratified it.
With the intense lobbying of Disney, each time its works came close to entering into the public domain under normal conditions, the US Congress has extended copyright length, until it's gone from the original 14 years, after which the work would become available to the public to build upon, to 70 years after the death of the author.
[edit] Tags:Patent,Statute Of Anne,The Printing Press,Charles Ii Of England,Licensing Of The Press Act 1662,Stationers' Company,Sound Recordings,Latin American,Soviet Union,Berne Convention,World Trade Organization,Trips,Photographs,Software,Derivative Works, | |
| Scope | |
| 2>
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, other literary works, movies, dances, musical compositions, audio recordings, paintings, drawings, sculptures, photographs, 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.[15][16]
Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed.[17] 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.[17] 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). Meanwhile, other laws may impose additional restrictions that copyright does not — such as trademarks and patents.
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.
[edit] Tags:Trademark,Jurisdiction,Poems,Theses,Plays,Literary Works,Movies,Dances,Musical Compositions,Audio Recordings,Paintings,Drawings,Sculptures,Radio,Television, | |
| Obtaining and enforcing copyright | |
| 2>
A copyright certificate for proof of the Fermat theorem, issued by the State Department of Intellectual Property of Ukraine
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.[18] 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 recognises 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.[9] 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".[19] 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 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)
[edit] Tags:Civil, | |
| Copyright notices in the U.S. | |
| 3>
A copyright symbol used in copyright notice
Prior to 1989, use of a copyright notice — consisting of the copyright symbol (©, the letter C inside a circle), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder — was part of United States statutory requirements.[20][21] Several years may be noted if the work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter P inside a circle), which indicates a sound recording copyright. Similarly, the phrase All rights reserved was once required to assert copyright.
In 1989, the U.S. enacted the Berne Convention Implementation Act, amending the 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic.[22] However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit — using notices of this form may reduce the likelihood of a defense of "innocent infringement" being successful.[23]
[edit] Tags: | |
| "Poor man's copyright" | |
| 3>
A widely circulated strategy to avoid the cost of copyright registration is referred to as the "poor man's copyright". It proposes that the creator send the work to himself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. The United States Copyright Office makes it clear that the technique is no substitute for actual registration.[24] The United Kingdom Intellectual Property Office discusses the technique but does not recommend its use.[25][26]
[edit] Tags: | |
| Exclusive rights | |
| 2>
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
to create derivative works (works that adapt the original work)
to perform or display the work publicly
to sell or assign these rights to others
to transmit or display by radio or video[15]
The phrase "exclusive right" means that only the copyright holder is free to exercise those rights, and others are prohibited from using the work without the holders permission. Copyright is sometimes called a "negative right", as it serves to prohibit certain 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 which 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.[citation needed] 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.[weasel words]
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.
Founded in 2001, Creative Commons (CC) is a non-profit organization with headquarters centered in California and over 100 affiliates located throughout the world.[27] CC 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.[27] 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 enable the general public to use such works more freely. Four 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.[28]
Individuals may register for a CC license via the Creative Commons website. As of 2009 approximately 130 million individuals had received such licenses.[28]
[edit] Tags: | |
| Idea-expression dichotomy and the merger doctrine | |
| 3>
Main article: Idea-expression divide
The idea-expression divide differentiates between ideas and expression, and states that copyright protects only the original expression of ideas, and not the ideas themselves. This principle, first clarified in the 1879 case of Baker v. Selden, has since been codified by the Copyright Act of 1976 at 17 U.S.C. § 102(b).
[edit] Tags: | |
| The first-sale doctrine and exhaustion of rights | |
| 3>
Main articles: 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 which 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.
[edit] Tags: | |
| Fair use and fair dealing | |
| 3>
Main articles: 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 17 U.S.C. Section 107, 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 your use
the nature of the copyrighted work
what amount and proportion of the whole work was taken, and
the effect of the use upon the potential market for or value of the copyrighted work.[29]
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; 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 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.[30]
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.[15] An appellate court has held that fair use is not a defense to engaging in such distribution.
[edit] Tags: | |
| Transfer and licensing, and assignment | |
| 3>
See also: Collective rights management, extended collective licensing, and Compulsory license
DVD:All Rights Reserved
A copyright, or aspects of it, may be assigned or transferred from one party to another.[31] For example, a musician who Tags: | |
z³ote monety |