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Section 512(b) protects OSPs who engage in caching (i.e., creating copies of material for faster access) if the caching is conducted in standard ways, and does not interfere with reasonable copy protection systems. This Section applies to the proxy and caching servers used by ISPs and many other providers.
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.
The scope of copyright limitations and exceptions became a subject of societal and political debate within various nations in the late 1990s and early 2000s, largely due to the impact of digital technology, the changes in national copyright legislations for compliance with TRIPS, and the enactment of anti-circumvention rules in response to the ...
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 Ninth Circuit has held that “A derivative work must be fixed to be protected under the Act, but not to infringe.” [13] In Apple v. Microsoft, the courts established that a look and feel copyright claim must demonstrate that specific elements of a user interface infringe on another work. A program's particular combination of user ...
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.
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 ...
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