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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 court ruled that exact or "slavish" reproductions of two-dimensional works such as paintings and photographs that were already in the public domain could not be considered original enough for protection under U.S. law, "a photograph which is no more than a copy of a work of another as exact as science and technology permits lacks ...
the nature of the copyrighted work (fictional or factual, the degree of creativity); the amount and substantiality of the portion of the original work used; and; the effect of the use upon the market (or potential market) for the original work. [13] The Act was later amended to extend the fair use defense to unpublished works. [14]
to determine and decide how, and under what conditions, the work may be marketed, publicly displayed, reproduced, distributed, etc. to produce copies or reproductions of the work and to sell those copies; (including, typically, electronic copies) to import or export the work; to create derivative works; (works that adapt the original work)
Unlike works of the U.S. government, works produced by contractors under government contracts are protected under U.S. copyright law [disputed (for: only true at times) – discuss]. The holdership of the copyright depends on the terms of the contract and the type of work undertaken.
The issue here was whether the claimant was the joint owner of copyright in six musical works for which he had made orchestral arrangements or contributed to their composition. It was held that the claimant had established that he had made a significant and original contribution to the creation of the work and must be regarded as a joint author.
They were regarded as ‘components in a copyrighted works’ and eligible for protection as thus. [5] Recognition of characters as independent works distinct to the plot in which they were embodied came about only in 1930 in the case of Nichols v. Universal Pictures. [6]
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.