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