Untitled Quiz

Copyright Law

• Copyright is a legal protection for creators of original works, granting exclusive rights to use, reproduce, distribute, and display their creations.
• Automatic Protection: Copyright protection is automatic upon creation of an original work fixed in a tangible medium.
• Exclusive Rights: Copyright holders have exclusive rights to:
  • Reproduce
  • Distribute copies
  • Prepare derivative works
  • Perform or display publicly
• Transferability: Copyright rights can be transferred through licensing or assignment, allowing others to use the work under specific conditions.

Duration of Copyright

• Individual Creators:
  • Copyright lasts for the life of the author plus an additional number of years.
  • In the U.S., for works created after January 1, 1978, copyright lasts for the life of the author plus 70 years. For works by multiple authors, the term is 70 years after the death of the last surviving author.
• Corporate Authors:
  • Works created by corporations or as "works for hire" have a different duration.
  • In the U.S., these works are protected for 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.
• Anonymous or Pseudonymous Works:
  • The duration for anonymous or pseudonymous works is typically 95 years from publication or 120 years from creation, whichever is shorter.

Scope of Copyright

• Protected Works: Copyright protects original works of authorship fixed in a tangible medium. This includes:
  • Literary works: Books, articles, poetry, etc.
  • Musical works: Songs, scores, lyrics, etc.
  • Dramatic works: Plays, screenplays, scripts, etc.
  • Artistic works: Paintings, sculptures, photographs, graphic designs, etc.
  • Audiovisual works: Movies, television shows, online videos, etc.
  • Software: Computer programs and code
  • Databases: Original compilations of data that demonstrate creativity
• Limitations and Exceptions:
  • Fair Use: Allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
  • First Sale Doctrine: Allows the owner of a lawfully made copy to resell or distribute that copy without the permission of the copyright owner.
  • Public Domain: Works not protected by copyright or whose copyright has expired are in the public domain and can be used freely.
• Infringement: Copyright infringement occurs when someone uses a copyrighted work without permission, violating the holder's exclusive rights.
  • Remedies for infringement include:
    • Injunctions to prevent further use
    • Monetary damages
    • Statutory damages in some jurisdictions

Copyright Infringement

• Occurs when someone uses a copyrighted work without permission from the copyright holder, violating their exclusive rights.
• Forms of infringement include:
  • Unauthorized reproduction: Making copies without permission.
  • Distribution without authorization: Selling, lending, or sharing copyrighted materials without consent.
  • Creating unauthorized derivative works: Modifying or adapting a work without permission.
  • Public performance or display without permission: Performing or displaying a work in a public setting without authorization.

Consequences of Copyright Infringement

• Can be severe and may include:
  • Injunctions: A court order requiring the infringer to stop using the copyrighted work.
  • Monetary damages: Financial compensation to the copyright holder for losses incurred.
  • Statutory damages: In some jurisdictions, copyright holders can seek statutory damages even if they cannot prove actual damages. These can be significant and serve as a deterrent against infringement.

Fair Use

• A legal doctrine that allows limited use of copyrighted material without obtaining permission from the copyright holder.
• Promotes freedom of expression and access to information.
• Not a blanket exception, but a flexible standard that considers specific factors to determine if a use qualifies as fair.

Moral Rights

• In some jurisdictions, copyright laws recognize moral rights, which allow authors to protect their personal and reputational interests in their works.
  • These include:
    • Right to attribution: The right to be identified as the author.
    • Right to integrity: The right to object to derogatory treatment of the work.