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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 ...
The author, or the licensor in case the author did a contractual transfer of rights, needs to have the exclusive rights on the work. If the work has already been published under a public license, it can be uploaded by any third party, once more on another platform, by using a compatible license, and making reference and attribution to the original license (e.g. by referring to the URL of the ...
The Scottish booksellers argued that no common law copyright existed in an author's work. The London booksellers argued that the Statute of Anne only supplemented and supported a pre-existing common law copyright. The dispute was argued out in a number of notable cases, including Millar v. Kincaid (1749–1751) and Tonson v. Collins (1761). [3]
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 [13] The Act was later amended to extend the fair use defense to unpublished works.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]
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)
Works derived from public domain works can be copyrighted. [35] Once works enter into the public domain, derivative works such as adaptations in book and film may increase noticeably, as happened with Frances Hodgson Burnett's novel The Secret Garden, which became public domain in the US in 1977 and most of the rest of the world in 1995. [36]
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]