Copyright Law

Originality

where the author got the material used for the work.

Creativity

the particular way the author expresses the work, the precise words, musical notes, color and so forth.

Copyright protects...

The expression not the idea

Derivative Work

a work based on one or more pre-existing works.

Compilation

a work formed by gathering pre-existing materials or data. List of factual things. Creativity is in the selection and arrangement.

Collective WOrk

A work formed by gathering separate copyrightable works.

Titles are

generally not copyrightable, unless a well known song due to "unfair competition".

Works of Applied Art

Useful objects are not copyrightable, applied art such as a design on a t-shirt is. It is copyrightable even if it can't be separated from the useful object. Architecture is generally copyrightable.

Literary Characters

the description of the character is copyrightable, but not the character. But highly developed/delineated characters are protected.

Identical Works

can be copyrightable as long as they are both original

Statute of Anne

In 1710 it was the first true copyright law. They were given two 14 year terms of protection.

The first Copyright Act of 1790

modeled after the Statute of Anne, gave protection to maps, charts, and books, for two 14 year terms. (An original and renewal). It excluded the works of foreign authors.

The purpose of copyright

is to promote the progress of science and the useful arts, by securing for limited times, to authors and inventors the exclusive right to their respective writings and recoveries.

Novelty

something completely different, than what has been done before (not required for copyright)

How are First Amendment interests accomodated by copyright law? Is there a conflict?

Yes, because that means you can not copy work, or pass off other's work as your own.

According to the 1976 Act when is a work protected

once they are fixed in a tangible medium of expression.

Logos and Names

are generally not copyrightable

Explain the extent to which derivative works are protected

Is based on preexisting material, but requires a process of recasting, transforming, adapting one or more preexisting works. Must have editorial revisions, annotations, elaborations, so the standard of originality is met.

How are factual works entitled to copyright protection? What kinds of creativity can there be in factual works?

Factual works are copyrightable such as history, data bases, research. In directories the facts aren't but the compilations are. The creativity is in the selection and arrangement.

What is the extent of common law copyright protection after Jan. 1 1978?

Works were protected if not fixed in a tangible medium of expressions, and sound recordings made before 1972.

Prior to 1978 Common Law Copyright was

Unpublished works.

Copyright Law

was created to benefit the public.

To receive Federal Copyright Protection

The work must be fixed in tangible form of expression

How does the U.S. Constitution limit our copyright law

Copyright law must promote the advancement of science and the arts for limited times, there must be authorship, fixation in a tangible form, It must be original and creative.

What happened in 1995

Sound Recordings received Digital Performance Rights

1972

The year sound recordings received copyright protection.

An album is an example of

a collective a work

how do consumers benefit from copyright

Creators create works to receive royalties, the Commerce group which are the publishers and record labels then exploit these works for profits. They sale it to the consumers. Creators compose the work for consumer.

Copyrightability

a term given to a work if it has enough originality and creativity from an author to recieve protection. It is also given to derivative works if there is enough substantial variation between the two