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A copyright transfer agreement or copyright assignment agreement is an agreement that transfers the copyright for a work from the copyright owner to another party.
In some cases, the profits earned by the infringer exploiting the copyrighted material may exceed those earned by or potentially available to the owner. In these circumstances, the copyright owner can recover the infringer's profits if he or she can demonstrate a nexus between the profits and the infringing use. [93]
Text, communications, and images produced by the government of Florida and any county, region, district, authority, agency, or municipal officer, department, division, board, committee, bureau, commission, or other separate unit of government created or established by law are consequently in the public domain according to court interpretation ...
However, the intangible property forms a set of rights separate from the tangible property that carries the rights. For example, the owner of a copyright can control the printing of books containing the content, but the book itself is personal property which can be bought and sold without concern over the rights of the copyright holder.
Economic rights allow right owners to derive financial reward from the use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights, or those rights may be transferred to one or more copyright owners.
Requirements for meeting copyright formalities were largely eliminated in many countries with the adoption of the Berne Convention, which granted a copyright for a creative work automatically as soon as the work was "fixed". Berne was first adopted in 1886 by eight countries, mostly in Europe.
Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a number of important considerations such as market failure , freedom of speech , [ 1 ] education and ...
The default rule is that the artist who creates a commissioned work retains copyright ownership of the work (because the artist is an independent contractor and not an employee producing a work made for hire.) However, this is only a presumption which can be modified by contract. Stewart v. Abend: 495 U.S. 207: 1990: 6–3: Substantive ...
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