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To bring a copyright infringement lawsuit, a copyright holder must establish ownership of a valid copyright and the copying of constituent elements of the work that are original. [76] The copyright owner must also establish both (a) actual copying and (b) improper appropriation of the work.
Under section 102 of the Act, copyright protection extends to "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device". The Act defines "works of authorship" as any of ...
1) The copyright transfer contract was not limited to five years because the agreement dealt in minimum requirements. 2) A transfer of the copyright for the production of a play on stage does not grant the ability to make a motion picture based on the play.
Jurisdiction with closest association to putative owner applies to determine copyright ownership. Castle Rock Entertainment, Inc. v. Carol Publishing Group Inc. 153 F.3d 132: 2d Cir. 1998 Trivia derived from a copyrighted work is not sufficiently transformative to be fair use on its own. Micro Star v. FormGen Inc. 154 F.3d 1107: 9th Cir. 1998
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 ...
The copyright notice must also contain the year in which the work was first published (or created), and the name of the copyright owner, which may be the author (including the legal author/owner of a work made for hire), one or more joint authors, or the person or entity to whom the copyright has been transferred.
The effect of this legislative act will be that the rule for first ownership of copyright in photographs, portraits, and engravings will revert to the general rule in section 13(1). Consequently, it will be the wedding photographer and not the client who will be the first owner of the copyright.
The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source.
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