Copyright Law

If a work has been copied, altered, distributed, or performed/displayed without permission from the copyright holder or an exemption in the law, that copyright holder's rights have been infringed upon.

Deciding whether a work is infringing is not always straightforward, just as it's not always easy to tell a counterfeit from the real thing. In cases where musicians have been taken to court for copying another's song, both sides will call in expert witnesses with specific examples and comparisons.

The owner of a copyright is the individual or organization to which the bundle of exclusive rights is ascribed. It is generally the creator of a work, from a single artist to a corporation, but rights may be transferred through agreements or inheritance.

The basis for US copyright law was established in the Constitution. For this reason Article 1 section 8 clause 8 has become known as the "copyright clause".

"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

It was proposed on August 18th, 1787 and ratified for inclusion on September 17th, 1787

They vary from country to country. In the US, statutory fines range from $750 to $30,000 per infringement, but can be as high as $250,000 and five years in prison.

Copyright does not protect names, titles, common words/phrases, facts, ideas, discoveries, systems, or methods of operation.

It may protect the way these things are expressed (graphics, video, audio, etc) provided they meet the necessary criteria for copyright registration.

Originally the basis for US copyright law was established in the Constitution. For this reason Article 1 section 8 clause 8 has become known as the "copyright clause".

"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

It was proposed on August 18th, 1787 and ratified for inclusion on September 17th, 1787

It varies. In the US, the Copyright Office has a significant backlog of applications in process, so it can take a year or more for your registration to appear in the official catalog. Keep in mind, though, that formal registration is not required for protection, so unlicensed uses during this period would still be infringing.

Noah Webster advocated strongly for copyright laws because he believed they were essential for protecting the rights of authors and promoting American literature and education. He recognized that copyright would incentivize writers to create original works, thereby enriching the cultural landscape of the fledgling nation. Webster also understood that a robust copyright system would help establish a distinct American identity, separate from European influences, by encouraging the development of uniquely American texts and ideas. Ultimately, he saw copyright as a means to foster intellectual property rights that would benefit society as a whole.

In the United States, 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

Intellectual property is an "umbrella term" covering copyright, patent, trademark, etc. Copyright is a specific term referring to the protections in place for authors of certain original works.

True. More accurately, WHO did: the World Health Organization.

thomas Edison

The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Australian Copyright Act 1968 (as amended), which applies the national law throughout Australia. Designs may be covered by the Copyright Act (as sculptures or drawings) as well as by the Design Act.

Until 2004, copyright in Australia was based on the "plus 50" law which protects works until 50 years after the author's death. In 2004 this was changed to a "plus 70" law in line with the USA and European Union, but this change was not made retroactive. The consequence is that the work of an author who died before 1955 is normally in the public domain in Australia.

The Australian legislation is based on the authority of section 51(xviii) of the Australian Constitution. Copyright law in Australia is federal law and established by the Australian Parliament. Historically, Australian copyright law followed British copyright law, but now also reflects international standards found in the Berne Convention for the Protection of Literary and Artistic Works, other International copyright agreements and multilateral treaties, and more recently, the U.S.-Australia Free Trade Agreement.

Practically anything can be protected by copyright. Intellectual or physical property can be registered. In many cases registration is not required, it may later, have to be proved that the person claiming rights was the first to have the idea.

Your unregistered copyright is created at the moment you create and/or publish or publicly perform the creation. Once registered, you and your descendants have the right to license the work for whatever reason you find acceptable. How much this is worth depends on the format of the work in question, and whether or not you have ever licensed the work to another party.

In the case of downloadable music, if you paid a fee to obtain the music, you have purchased a license for your own use of the music. It does not grant you the additional right to distribute the music to anyone else, even if you offer to do it for free. That action robs the writer of the opportunity to sell another copy. P2P sharing is like accepting a stolen copy of a song, using it, and then enabling others to do the same without ever paying the creator for it. Because of current publishing law, the creator rarely gets renumerated for his work even if the famous artist manages to sell a million copies of it. The writer does not enjoy royalties from live performances or t-shirt sales. If the artist overspends on his/her tour or promotion, the writer gets nothing at all.

If you find yourself in possession of stolen intellectual proerty for which the original author was not compensated, it is a simple and cheap matter to obtain a license. For musical works, you can obtain a compusory license by sending ten cents (really!) to the writer. He cannot refuse your dime. In fact, it is more than he would have negotiated with his own publisher. To find a songwriter, look on the back of the CD or go to http://www.bmi.com or http://www.ascap.com or http://www.harryfox.com. At this time, I do not have a contact method for authors of dramatic or literary works.

It's very difficult to determine what shows were properly renewed; often it's on an episode-by-episode basis, and many renewal records are not easily located without ordering a search of paper records. You may find that it is safest to assume it is protected by copyright unless explicitly stated otherwise.

You don't have to "do" anything to get a copyright; it is automatic, from the moment you create a new work of authorship and record it in a tangible medium. However, if you're pitching an "idea" for a book, you need to be a bit more careful because copyright does NOT protect ideas.

You cannot.

According to copyright law protection does not extend to names. You could, however, possibly register the name as a trademark.

Assuming you are in the US the web address to check is http://www.uspto.gov

It isn't necessary to take any action for a work to be protected by copyright. Copyright protection is automatic, as soon as work of sufficient originality is "fixed in a tangible medium, perceptible to human eye, machine reader or other device".

If you wish to formally register a copyright, contact the copyright office in your country for the proper procedure.

Not in the US, Copyright laws are Federal laws. States cannot change the Federal law.

Other countries have different laws, but most are very similar and based on international agreements.

The best resource for determining copyright term is the Hirtle chart, maintained at Cornell. http://www.copyright.cornell.edu/public_domain/ Another source is the Copyright Office. http://www.copyright.gov At the copyright office page, click on "search copyright information," then click "search the catalog." Note that this only includes materials from 1978 forward. See the "search copyright information" page for instructions on searching pre-1978 records.

Same as anyone else: if you are creating original works, you have the exclusive right to copy, alter, distribute, or perform/display it, or authorize others to do so, for a limited time. If you are using works that are not your own, you need permission from the copyright holder or an exemption in the law.

A Copyright or Trademark registration is considered intellectual property protection. Itellectual property could be an idea, design, or concept, etc that the originator came up with themselves.

The date on which the diary no is issued is the date of copyright is registered as in case of Indian Copyright act.

Regards

Adv.Tarun Choudhury

Ph no: 9891244487

Contact me to copyright in India

Phonorecords for which protection has expired, or which were never subject to copyright (such as government works) are in the public domain. Unfortunately, in the US for example, sound recordings were not addressed in copyright law until 1978; nothing will enter the public domain until 15 February 2067.