Search results
Results from the WOW.Com Content Network
Every instance of a copyrighted work must observe copyright notice formalities for the work to maintain copyright, even if the work appears multiple times on the same sheet of paper. Every copy of a copyrighted painting must bear the notice for the painting to maintain copyright. G. & C. Merriam Co. v. Syndicate Pub. Co. 237 U.S. 618: 1915: 9–0
"Innocent" is a technical term. In particular, if the work carries a copyright notice, the infringer cannot claim innocence. [96] In case of "willful infringement" (again, "willful" is a technical term), statutory damages can be no more than $150,000 for an effective range of $750 to $150,000 per work. [94] Damages in copyright cases can be ...
Foreign works published before 1978 did not establish US copyright until published in the US or with US copyright formalities. Applied Info. Mgmt., Inc, v. Icart: 976 Supp. 149, 155: E.D.N.Y. 1997 The sale of software is the sale of a good. Case was dropped. Itar-Tass Russian News Agency v. Russian Kurier, Inc. 153 F.3d 82: 2d Cir. 1998
Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a number of important considerations such as market failure , freedom of speech , [ 1 ] education and ...
[30] [31] Thus, fair use need not even be raised as a defense unless the plaintiff first shows (or the defendant concedes) a prima facie case of copyright infringement. If the work was not copyrightable, the term had expired, or the defendant's work borrowed only a small amount, for instance, then the plaintiff cannot make out a prima facie ...
Accordingly, copyright protection did not prevail. The holding in Warner Bros. case came to be known as the Sam Spade Test; this approach does not allow for copyright protection if the character is a “mere chessman in the game of storytelling.” On the other hand, if the character is central to the story, then it will be copyrightable.
The U.S. government asserts that it can still hold the copyright to those works in other countries. [3] [4] Publication of an otherwise protected work by the U.S. government does not put that work in the public domain.
Under Canadian copyright law, an eligible work must be original to its author, not copied from another work, and requires more than trivial or mechanical intellectual effort. [24] In the case of CCH Canadian Ltd v Law Society of Upper Canada, the Supreme Court of Canada examined the different approaches taken to the definition of originality ...