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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 ...
However, under Article 5(4), when a work is published "simultaneously" ("within 30 days") [8] in several party countries, [8] the country with the shortest term of protection is defined as the country of origin. [10] For works simultaneously published in a party country and one or more non-parties, the party country is the country of origin.
Authors' rights are internationally protected by the Berne Convention for the Protection of Literary and Artistic Works and by other similar treaties. "Author" is used in a very wide sense, and includes composers, artists, sculptors and even architects: in general, the author is the person whose creativity led to the protected work being ...
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 ...
In other words, to say that a new copyright protection existed in what was essentially the same work would result in protection being extended indefinitely through a continuation of minor changes. Infopaq International A/S v Danske Dagblades Forening [2009] - This case determined that extracting 11 words of text from an alternative source ...
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 ...
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]
Peters (a case similar to the 1774 case of Donaldson v Beckett in Britain) that although the author of an unpublished work had a common law right to control the first publication of that work, the author did not have a common law right to control reproduction following the first publication of the work. [38]