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United States copyright law protects original expressions but not facts, methods, discoveries, or other ideas being expressed, a doctrine known as the idea–expression distinction. Despite making this distinction, verbatim copying is not always required for copyright infringement, as paraphrasing is also prohibited in certain circumstances. [6]
Unlike a patent, however, in most places (i.e., countries) you don't have to apply for a copyright – you get one automatically every time you produce creative work. A creative work can be almost anything – a book, a song, a picture, a photograph, a poem, a phrase, or a fictional character.
The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights ...
A copyright owner may bring a copyright infringement lawsuit in federal court. Federal courts have exclusive subject-matter jurisdiction over copyright infringement cases. [75] That is, an infringement case may not be brought in state courts. (With an exception for works not protected under Federal law, but are protected under state law, e.g ...
John R. Neill's three canonical Oz books—The Wonder City of Oz, The Scalawagons of Oz, and Lucky Bucky in Oz—were published between 1940 and 1942. Neill's heirs renewed the copyrights, so these books will not enter the public domain until 2036 through 2038, pursuant to the 95-year term.
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
[3] However, if a source creatively combines, selects or arranges names, titles, short phrases or expressions, following it too closely may infringe on its copyright. Paraphrasing rises to the level of copyright infringement when there is substantial similarity between an article and a copyrighted source. This may exist when the creative ...
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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