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The copyright law of the United States grants monopoly protection for "original works of authorship". [1] [2] With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These ...
Under current Australian law, although 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, owners of a legitimate copy are permitted to "format shift" that work from one medium to another for personal, private use, or to "time shift" a ...
Accordingly, copyright protection did not prevail. The holding in Warner Bros. case came to be known as the Sam Spade Test; this approach does not allow for copyright protection if the character is a “mere chessman in the game of storytelling.” On the other hand, if the character is central to the story, then it will be copyrightable.
While the U.S. became a party to the UCC in 1955, Congress passed Public Law 743 in order to modify copyright law to conform to the Convention's standards. [6] In the years following the United States' adoption of the UCC, Congress commissioned multiple studies on a general revision of copyright law, culminating in a published report in 1961. [7]
Supporters argue that because IP laws allow people to protect their original ideas and prevent unauthorized copying, creators derive greater individual economic benefit from the information and intellectual goods they create, and thus have more economic incentives to create them in the first place. [7]
The interplay of copyright law and competition law is increasingly important in the digital world, as most countries' laws allow private contracts to over-ride copyright law. Given that copyright law creates a legally sanctioned monopoly, balanced by "limitations and exceptions" that allow access without the permission of the copyright holder ...
Some elements of moral rights do exist in the United States, but are usually protected through specific contract provisions between parties, or else through individual states' laws or the derivative work rights in U.S. copyright law. [40] U.S. copyright law emphasizes protection of financial reward over protection of creative attribution.
Common law copyright is the legal doctrine that grants copyright protection based on common law of various jurisdictions, rather than through protection of statutory law. In part, it is based on the contention that copyright is a natural right and creators are therefore entitled to the same protections anyone would be in regard to tangible and ...
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