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Copyright Law
The rights assigned to the creator of an original work, for a certain time period, in which its publication, distribution and adaptation are protected.
3,742 Questions
How do you find copyright on perfume bottles?
If the bottle is protected by copyright, there may be a notification on the bottom, although notification is not required for protection. It is more likely that the bottle would be protected by trademark as trade dress (i.e. packaging), or even a design patent. Copyright protection is comparatively unlikely.
Can you copyright a design idea?
A copyright is a document granting exclusive right to copy, publish and sell literary or musical or artistic work. You need a patent to protect a design idea. You can go to www.uspto.gov to undertake the patent process; however, it is recommended that you consult a patent attorney. You may copyright some types of designs, such as the design of a building, sculpture, web page, computer program or a cartoon character. Other designs are best protected with a trademark, where the design is used in association with your goods and services. A design of a mask work, for an integrated circuit, can be registered in the copyright office, as can the design for the hull of a vessel. Finally, as suggested above, if your design for the ornamental appearance of an object meets various criteria, you might qualify for a design patent. In fact, you may combine copyright, trademark and patent protection on the same design, if it qualifies. There are limitations of each type of protection. For example, a copyright cannot protect any functional aspect of an otherwise ornamental design, a trademark only protects a design when used on a product or service, and a functional patent only lasts 20 years or 14 for a design patent. The costs and jurisdictional scope for each type of protection also vary widely.
What are the consequences when you break fair use laws?
Fair use is a small part of copyright law that allows certain unlicensed uses of protected works. If you use protected works, without a license, in a manner not addressed by the fair use clause (in other words, if your use is not fair), your use would be infringing. Copyright infringement is punishable by fines ranging from $750 to $30,000.
Does an item need to have the copyright C logo to be considered a copyright item?
No. In the US that requirement was changed in 1989
Are the US president's speeches copyrightable?
Technically yes. However, most public speeches are released into the public domain immediately, since the person making the speech normally wants it to be distributed as broadly as possible.
If a recording is made as part of contracted work (also called work for hire), such as an artist recording a song for a label, it belongs to the contracting party (the label, for an artist). If a recording is made independently, it usually belongs to whoever sponsored the session, or the production. A writer, arranger or other creative person whose input went into a recording can use a copy, to register copyright for their contribution to the work. (Recordings made for or by a label may require permission from the label, for this use.) Obtaining permission to use a prerecorded work as part of a larger work (an anthology, music for soundtracks) can be a complicated process. There may be several copyrights involved: A copyright to the lyrics, a copyright to the music, and a copyright to the performance.
What is the purpose of the Copyright Office located inside of the Library of Congress?
When registration was required for protection, the main purpose of the Copyright Office was to maintain records of registration. Now that protection is automatic, they still maintain records of formal registration, but a new role of the Copyright Office is to advise Congress on copyright issues, such as necessary updates and amendments to the law.
What happen if someone break the international laws?
What would happen if a country broke international law during a time of war would depend upon the seriousness of the transgression. It would also depend on which law was broken, and what governing body was in charge of determining a penalty.
What are some disadvantges of copyright laws?
It is intentionally vague, in a misguided attempt to be flexible.
It gives content owners all the rights, and users all the responsibility.
It fails to adapt to new technology. When it does, it tries to use old rules on the new technology, even when that makes no sense.
It is almost universally misunderstood.
It fails to acknowledge the concept of orphan works.
What is the punishment for breaking copyright laws in Australia?
Infringement can carry fines up to $93,500 and 5 years in prison; importation of infringing goods carries fines up to $71,500 and 5 years in prison. Penalties can be higher when the infringement included digitizing material from a hard copy.
It depends on the work & how/why it was created.
The owner of a copyright may be one (or more) of several people/entities
1) The creator
2) In the case of work-for-hire the copyright may belong to the company/individual it was created for.
3) The assignee. Copyright like any property can be sold or given away.
4) The public. After a certain period of time or by designation a work will become "Public Domain" meaning that it can be used without restriction.
How many pages can you copy from a book without violating copyright law?
Each "fair use" is established on a case by case basis. There is no predetermined amount of copyrighted material that can be used.
US Copyright Law sets out criteria that has to be considered before something can be judged to be "fair use"
# The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes # The nature of the copyrighted work # The amount and substantiality of the portion used in relation to the copyrighted work as a whole # The effect of the use upon the potential market for, or value of, the copyrighted work
Can a minor claim a copyright?
Depends upon what you mean by "claim". A minor can certainly OWN a copyright, like any other property, but in many jurisdictions the property of the minor is held in trust by the parents or guardians until the age of adulthood.
Quite a bit. For information on US copyright laws, visit the website of the Copyright Office. For other countries, the WIPO website is a good place to start.
Is downloading songs for free legal or illegal?
It depends on the songs, the sources, and what agreements the sites have made with the songwriters and performers regarding the free distribution of their works. In some cases performers will allow and even encourage fans to freely download material however, but unless this is made quite clear in writing, it is unlikely to find a free, legal download source.
There are quite a few clients out there that allow you to buy music. They usually entail a paid subscription in addition to the cost of the songs you download. Some sites allow you to stream music for free, but not download. You might also consider discovering some music from independent artists who allow free downloads as part of the Creative Commons license.
Basically, when you get music that you don't pay for, it's stealing. Whether or not you think artists get paid too much, agree with the concept of paying for art and music, etc., the deal is to trade one thing for another (in this case, money for music). If musicians can't get paid for their work, then the incentive to make music goes away. With radio, advertisers pay for the cost of the music that plays so you don't have to. In exchange, they get air time for their advertisements so that the arrangement is mutually beneficial.
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IS THE SONG GUANTANAMERA A PUBLIC DOMAIN SONG?
No. The original music and lyrics are credited to José Fernández Diaz with a date of origin of 1929. (see attached link)
Under the law of copyright in Cuba, the copyright last 50 years after the death of the author, which (in this case) occurred in 1979.
Is 'March Madness' copyrighted?
March Madness is also a registered trademark, held jointly by the NCAA and the Illinois High School Association. The trademark has sparked a pair of high-profile courtroom battles in recent years.
"March Madness," the term used to describe the excitement surrounding the Illinois state high school basketball tournaments, first appeared in print in 1939. It was coined by Henry V. Porter, who started his career as a teacher and coach at Athens High School in central Illinois. In 1924, Porter led the Athens boys basketball team to a second-place finish in the state tournament. He later served as assistant executive secretary of the Illinois High School Athletic Association (from 1929 to 1940) and executive secretary of the National Federation of State High School Associations (from 1940 to 1958).
Porter, who edited the IHSA's journal, coined "March Madness" in an essay that appeared in the Illinois High School Athletein March of 1939. Soon thereafter the nation was plunged into World War II. The drama of March Madness provided a force that brought the entire state together, and Porter again commemorated the event, this time with a poem, "Basketball Ides of March," which appeared in the Illinois Interscholastic in March of 1942.
What was the purpose of the Digital Millenium Copyright Act?
The DMCA criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works.
Basically, the DMCA further protects copyrighted material.
Where is the proper placement of the copyright symbol?
PLACEMENT OF REGISTERED TRADEMARK SYMBOL
The federal trademark symbol, the encircled R (®), needs to be "displayed with the mark" (15 U.S.C. § 1111- see below). Customarily, the same is true also when using the superscripted TM (™) or SM (sm) for marks that are unregistered. No strict placement rule exists. There are only general guidelines and customary placement rules. Typically the symbol is placed at a minimum in the first and/or most prominent usage of the mark in collateral. However, the symbol may be used every time whenever using a trademark. In logos the registration symbol(®) is typically placed in upper-right hand corner. Oftentimes you will see it in the bottom right hand corner. In text, the mark should appear directly after the portion of the text that has been registered. The actual trademark statute has been copied and pasted below for reader's convenience.
TITLE III - NOTICE OF REGISTRATION
§ 29 (15 U.S.C. § 1111). Notice of registration; display with mark; recovery of profits and damages in infringement suit
Notwithstanding the provisions of section 1072 of this title, a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words "Registered in U.S. Patent and Trademark Office" or "Reg. U.S. Pat. & Tm. Off." or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.
(Amended Oct. 9, 1962, 76 Stat. 773; Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 1343.)
*Note: The amendment of the wording of this term by Public Law 93-596 became effective on January 2, 1975. However, the amendment provides that any registrant may continue to give notice of his registration in accordance with § 29 of the Trademark Act of 1946, as amended Oct. 9, 1962, as an alternative to notice in accordance with § 29 of the Trademark Act as amended by Public Law 93-596, regardless of whether his mark was registered before or after January 2, 1975.
If copyright material does not fall under fair use can you use it?
If there is no "fair use" exception the only way to legally use copyrighted material is to obtain permision from the rights holder.
What do you think should be done to prevent copyright violations?
There are three main categories of copyright violation, each best handled in its own way.
Large-scale commercial infringement, such as sites allowing download of current movies, is too big of a money-maker to convince people to voluntarily stop. In this case, civil and criminal prosecution may be the only way to prevent it.
Individuals participating in P2P sharing networks are often doing so because it's easier, cheaper, and more convenient than getting the same materials legally. The best prevention here would be to work to create legal channels with the same flexibility. Note that illegal sharing of music dropped off significantly when iTunes became prevalent.
Individuals unaware that their activities are infringingmay simply need to be educated about how copyright affects them. Both the economic impact and moral issues can be used to explain how infringement hurts artists.
At the moment, rightsholders tend to try to lump all three groups into one pile and treat them the same way, even though this has been proven not to work (DRM is an example of this). They need to acknowledge the differences between mass infringement and a kid with a flash drive.
Why do you need to abide by the copyright law?
Copyright law provides that the author of certain materials has the right to control the use or commercial exploitation of the work that he or she has created. This includes rights to authorise or prohibit the copying, issuing of copies, renting or lending, performing, showing, playing, broadcasting or adaptation of the copyright material.
Laws dealing with copyright on the internet?
Although copyrighted material on the internet is generally treated in the same fashion as any other intellectual property, there are two pieces of legislation specifically designed to address the unique nature of the internet. The Digital Millenium Copyright Act (DMCA) and the No Electronic Theft act (NET).
What is the name of the law that covers copyright?
In the US the Copyright act is titled "Copyright Law of the United States" and is contained in Title 17 of the United States Code. The most recent major revision is the Copyright Act of 1976 however there have been significant amendments since that date. Of these, the Digital Millennium Copyright Act (DMCA) of 1998, The Copyright Royalty and Distribution Reform Act of 2004, and the Intellectual Property Protection and Courts Amendments Act of 2004 are the most noteworthy.
What is the penalties for breaking copyright law?
Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights
