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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 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 ...
the nature of the copyrighted work (fictional or factual, the degree of creativity); the amount and substantiality of the portion of the original work used; and; the effect of the use upon the market (or potential market) for the original work. [13] The Act was later amended to extend the fair use defense to unpublished works. [14]
Stuart v Barret [1994] - The court described the test for joint authorship in a work of music: "What the claimant to joint authorship of a work must establish is that he has made a significant and original contribution to the creation of the work and that he has done so pursuant to a common design." It is not necessary that his contribution to ...
to determine and decide how, and under what conditions, the work may be marketed, publicly displayed, reproduced, distributed, etc. to produce copies or reproductions of the work and to sell those copies; (including, typically, electronic copies) to import or export the work; to create derivative works; (works that adapt the original work)
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]
Furthermore, the clause only permits protection of the writings of authors and the discoveries of inventors. Hence, writings may only be protected to the extent that they are original, [7] [non-primary source needed] and "inventions" must be truly inventive and not merely obvious improvements on existing knowledge.
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 ...