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The first step of the infringement analysis, copying-in-fact, includes determining that the defendant actually copied the work as a factual matter. [53] Because direct evidence of copying is rare, courts tend to permit evidence showing that (1) the defendant had access to the copyrighted work and so had the opportunity to copy the work and (2) a sufficient degree of similarity exists between ...
A work may enter the public domain in a number of different ways. For example, (a) the copyright protecting the work may have expired, or (b) the owner may have explicitly donated the work to the public, or (c) the work is not the type of work that copyright can protect.
This is a list of copyright acts, which are laws enacting the copyright. Afghanistan The law on the support the right of authors, composers, artists and researchers ...
Clean-room design (also known as the Chinese wall technique) is the method of copying a design by reverse engineering and then recreating it without infringing any of the copyrights associated with the original design. Clean-room design is useful as a defense against copyright infringement because it relies on
Note: if no court name is given, according to convention, the case is from the Supreme Court of the United States.Supreme Court rulings are binding precedent across the United States; Circuit Court rulings are binding within a certain portion of it (the circuit in question); District Court rulings are not binding precedent, but may still be referred to by other courts.
EU copyright laws recognise the right of EU member states to implement some national exceptions to copyright. Examples of those exceptions are: photographic reproductions on paper or any similar medium of works (excluding sheet music) provided that the rightholders receives fair compensation;
French law prefers the term "œuvre composite" ("composite work") although the term '"œuvre dérivée" is sometimes used. It is defined in article L 113-2, paragraph 2 of the Intellectual Property Code as "new works into which pre-existing work [is incorporated], without the collaboration of its author". [3]
Novelty architecture, also called programmatic architecture or mimetic architecture, is a type of architecture in which buildings and other structures are given unusual shapes for purposes such as advertising or to copy other famous buildings. Their size and novelty means that they often serve as landmarks.
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