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If the person doing the work is an "employee" within the meaning of the common law, and the work was done within the scope of their employment (whether the work is the kind they were employed to prepare; whether the preparation takes place primarily within the employer's time and place specifications; and whether the work was activated, at ...
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. This includes the right to decide to distribute the work for free. This part of copyright is often overseen.
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. If you don't want to ...
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 ...
Common law: employer owns the copyright in work created by employees; Civil law: employer enjoys an exclusive licence to the economic rights in work created by employees; Civil law systems have also been forceful in protecting the moral rights of authors, arguing that their creativity deserves protection as an integral part of their personality.
Requirements for meeting copyright formalities were largely eliminated in many countries with the adoption of the Berne Convention, which granted a copyright for a creative work automatically as soon as the work was "fixed". Berne was first adopted in 1886 by eight countries, mostly in Europe. Acceptance grew over the course of the 20th century.
VARA was the first federal copyright legislation to grant protection to moral rights. Under VARA, works of art that meet certain requirements afford their authors additional rights in the works, regardless of any subsequent physical ownership of the work itself, or regardless of who holds the copyright to the work.
The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. [2]
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