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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 interplay of copyright law and competition law is increasingly important in the digital world, as most countries' laws allow private contracts to over-ride copyright law. Given that copyright law creates a legally sanctioned monopoly, balanced by "limitations and exceptions" that allow access without the permission of the copyright holder ...
Under current Australian law, although it is still a breach of copyright to copy, reproduce or adapt copyright material for personal or private use without permission from the copyright owner, owners of a legitimate copy are permitted to "format shift" that work from one medium to another for personal, private use, or to "time shift" a ...
While the U.S. became a party to the UCC in 1955, Congress passed Public Law 743 in order to modify copyright law to conform to the Convention's standards. [6] In the years following the United States' adoption of the UCC, Congress commissioned multiple studies on a general revision of copyright law, culminating in a published report in 1961. [7]
US copyright law protects against paraphrasing a story by, for example, copying a detailed plot sequence but using different language for the dialogue. However, under the doctrine of " scènes à faire ", it does not protect more general patterns, such as story themes and character prototypes.
The difference runs both ways: UK and Irish copyright laws protect the privacy of the subject of certain photographs and films as a moral right under copyright law, while civil law systems treat this as a separate portrait right. The different protections of industrial design rights cut across the divide between the two systems of law.
In United States copyright law though, "The copyright in an architectural work that has been constructed does not prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work – but only if the building in which the work is embodied is located in or ordinarily visible ...
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.
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