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The court held that originality does not mean that the work must be an expression of individual thought. The simple fact that the authors drew on a body of knowledge common to mathematicians did not compromise originality. The requirement of originality, it was held, does not require that expression be in an original or novel form.
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 derivative work becomes a second, separate work independent from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative ...
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]
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 termination right clause only started taking effect in 2013, with notably Victor Willis terminating rights on the songs he had written for The Village People.A lawsuit resulted from this action Scorpio Music, et al. v. Willis in 2012 (after Willis had filed notice of termination to Scorpio Music, the music distributor, and which the court upheld Willis' termination rights).
The Directive was not intended to legitimize file-sharing, but rather the common practice of space shifting copyright-protected content from a legally purchased CD (for example) to certain kinds of devices and media, provided rights holders are compensated and no copy protection measures are circumvented. Rights-holder compensation takes ...
Under the 1909 Act, federal statutory copyright protection attached to original works only when those works were 1) published and 2) had a notice of copyright affixed. Thus, state copyright law governed protection for unpublished works, but published works, whether containing a notice of copyright or not, were governed exclusively by federal law.