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Coordinator of this project runs a Brussels-based public affairs & government relations firm specialised in the online environment, that mainly mentions Industry (a.o. Google) and Trade Associations as its clients. [6] Attempts at expansion of copyright limitations and exceptions are sometimes regarded as a threat by publishers. [7] [8]
In other words, those elements of a photograph, or indeed, any work of visual art protected by copyright, could just as easily be labeled "idea" as "expression ... [A]t what point do the similarities between two photographs become sufficiently general that there will be no infringement even though actual copying has occurred?
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 ...
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 ...
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.
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 ...
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 ...
The court ruled that per changes made to German law in 2004 by the implementation of the Directive on the legal protection of designs, copyright and design right were two separate concepts that could co-exist in applied art, as they had different requirements; novelty and an "individual character" for design right, and "a degree of creativity ...
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