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The author generally is the person who conceives of the copyrightable expression and "fixes" it in a "tangible medium of expression." Special rules apply when multiple authors are involved: Joint authorship: The US copyright law recognizes joint authorship in Section 101. [28] The authors of a joint work are co-owners of a single copyright in ...
[26] [27] In many modern-day publications the terms copyright and authors' rights are being mixed, or used as translations, but in a juridical sense the legal concepts do essentially differ. [28] [29] Authors' rights are, generally speaking, from the start absolute property rights of an author of original work that one does not have to apply for.
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 ...
Independent of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, modification of, or other derogatory action in relation to the said work, which would be prejudicial to the author's honor or reputation. [3]
A co-owner of a work of joint authorship does not require other authors' permission to use the work himself, and the other authors can not object to such a use. [ 36 ] If the license has been granted by one of the joint authors unilaterally, then the license fee collected, if any, must be shared appropriately with other joint authors.
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.)
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.
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 ...
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