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[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 exclusive rights are subject to a time and generally expire 70 years after the author's death or 95 ...
The preemption is complete insofar as works fall within the federal copyright statute. A work that falls generally within the subject matter of copyright (such as a writing) must either qualify to be protected under federal law, or it cannot be protected at all. State law cannot provide protection for a work that federal law does not protect. [22]
In the law of continental European countries, works are required to be original to have copyright protection. According to a 2002 book by professor and lawyer Pascal Kamina, written before the European Court of Justice harmonized the threshold of originality between European Union member countries in 2009, [ 9 ] "it is unlikely, however, that ...
If no notice of copyright was affixed to a work and the work was, in fact, "published" in a legal sense, the 1909 Act provided no copyright protection and the work became part of the public domain. Under the 1976 Act, however, section 102 says that copyright protection extends to original works that are fixed in a tangible medium of expression ...
to perform or display the work publicly; to sell or cede these rights to others; to transmit or display by radio, video or internet. [44] The basic right when a work is protected by copyright is that the holder may determine and decide how and under what conditions the protected work may be used by others.
The creation of a work, such as an image or a piece of writing, generally automatically creates certain rights to control the use of that work. The original legal basis for United States copyright is the "copyright clause" of the Constitution , Article I, Section 8, Clause 8, which states, in pertinent part, "The Congress shall have Power ...
Section 106 of the U.S. copyright law, which defines the exclusive rights in copyrighted works, is subject to sections 107 through 122, which limit the copyright holder's exclusive rights. In the U.S. in stark contrast to those copyright laws which have developed from English law , edicts of government are not subject to copyright, including ...
All published derivative works must use exactly the same license as the original: if you use the work, you're forced to use the same license for your own original work as well. If your work is using a different license, you can't use the copyleft license, even if your work is also using a (different) copyleft licence.