... Copyright laws were created to protect the rights of copyright owners. They are designed to prevent the unauthorized use of materials without the permission of the copyright holder (Bitlaw, 2010). There are five exclusive rights covered under the Copyright Act (Bitlaw, 2010). Though all of the rights may not directly pertain to all web site development, it is imperative for web site designers to be familiar with the Act to avoid violating any part of it intentionally or unintentionally. The five exclusive rights are; the right to reproduce, the right to prepare derivative works, the right to distribute copies, the right to perform, and the right to display (Bitlaw, 2010). The right to reproduce belongs to the copyright holder (Bitlaw, 2010). This means the copyright holder is the only person that has the legal right to reproduce or copy any part of the work (Bitlaw, 2010). The right to prepare derivative works is the same as reproducing in a sense, but it is regarding transferring the copy written information to another form such as video or film (Bitlaw, 2010). The copyright holder is the only person that can legally distribute the crated material as well as perform publically any part of the work (Bitlaw, 2010). The copyright law covers most works imaginable including literary work, graphics, art, choreography, music, and theatrical performances (Bitlaw, 2010). Web designers can take steps to avoid violating any part of the copyright laws. When using...
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...Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. Copyright is a form of intellectual property, applicable to certain forms of creative work. Under US copyright law, legal protection attaches only to fixed representations in a tangible medium.[1] It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rightsholders.[2] These rights frequently include reproduction, control over derivative works, distribution, public performance, and "moral rights" such as attribution.[3] Copyrights are considered territorial rights, which means that they do not extend beyond the territory of a specific jurisdiction. While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws vary by country.[4] Typically, the duration of a copyright spans the author's life plus 50 to 100 years (that is, copyright typically expires 50 to 100 years after the author dies, depending on the jurisdiction). Some countries require certain copyright formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil...
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...Anders 12/6/2010 German Copyright The Anglo-American Copyright is a set of exclusive rights granted by the law to the author or creator of an original work, including the right to copy, distribute and adapt the work, except that it does not protect ideas, only their expression or fixation. Copyright laws are partially standardized through international and regional agreements such as the Bern Convention, the World Intellectual Property Organization, and the European copyright directives such as the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. Although there are consistencies among nations' copyright laws the latter one emphasizes the recognitions of moral rights of creators, such as the right to be credited for the work. In 1902 a law in Germany adapted which said that the approval of each author is required for every public performance of the musical work. The Society for Musical Performing and Mechanical Reproduction Rights (GEMA) was established as a collecting society representing the rights of the copyright of those composers, lyricists and publishers of musical works that are organized as a member in it. The task given to the Gema contains protection of intellectual property rights of music creators and the representation of their interests to get properly remunerated for the use of Truckenbrod, Baetcher 2 their works. The Scope of their jurisdiction pertains to the German Copyright which will be covered...
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...author's employer owns work(s) created by an employee within the scope of employment, or that fall within one or more of the nine statutory categories, where an agreement commissioning the work is in writing and signed by the creator or creators before work begins The nine statutory categories include: contribution to a collective work; part of a movie or other audiovisual work; a translation; a supplementary work; a compilation; an instructional text; a test; answer material for a test; or an atlas. If a work does not fit within the statutory definition of a work-for-hire, the employer may still own it if the author assigns the copyright to the employer or contractor. An author-owner is free to assign copyright to anyone, so a written contract can change these basic rules. Many publishers require assignment of copyright as a condition of publication. Policies, such as the U.T. System Intellectual Property Policy also change the ownership rules: They can permit faculty ownership of scholarly, artistic, literary, musical and educational materials within the author's field of expertise. Ownership...
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...Copyright Assignment As a professional scriptwriter, “failing to understand copyright can be a big problem for the scriptwriter both in terms of his own work or the work of others”(Almeida). I need to understand copyright laws so that I can avoid copyright infringement, but also protect my own work as well. The first thing needed to do to make sure that copyright infringement is being avoided is to understand copyright law. The most basic thing to understand first is, “what is infringement?” If someone, reproduces work in copies, prepares derivative works based upon the work, distributes copies of the work to the public by sale or other transfer of ownership, performs the work publicly, or displays the copyrighted work publicly without any exclusive rights from the owner of that work, they are an infringer of the copyright of the author (Stopping Copyright Infringement). After knowing what infringement is brings the question, “what can be copyrighted?” Literary works, paintings, photographs, drawings, films, music (and its lyrics), choreography, sculptures, and many other things can be copyrighted. Generally the law does not protect the underlying ideas (How to Avoid Copyright Infringement). “Basically, copyrights protect the ‘original works of authorship’ that are fixed in a tangible form of expression” (Almeida). Understanding these laws is vital to making sure copyright infringement is being avoided. The next step would be to make sure that nothing in the script was taken...
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...Business Law The Copyright Act As a part of Intellectual Property Rights (With Relevant Provisions to WTO) INDEX Introduction............................................................................................................................04 Introduction to Intellectual property Rights...........................…............................04 Industrial Property.........................................................................................04 Artistic and Literary Property.....................................................................05 Nature of Intellectual Property Rights........................................................05 Introduction to TRIPS………………………...........................................................06 Berne Convention...........................................................................................08 Introduction to WIPO………………………………………………………..……..09 Introduction to The Copy Right Act………………………………………………10 Meaning of Copyright……………………………………………........................................11 Terminologies of Copyright…………………………….......................................................12 Registration of Copyright………..........................................................................................13 Correction of entries in the Register of Copyrights………………………...…….14 Rectification of Register by Copyright Board……………….................................15 Duration of Copyright………………………......................
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...TalkTalk Telecom Group Plc -v- Secretary of State for Culture, Olympics, Media and Sport and others. The case in question reaffirmed the validity of the the UK Digital Economy Act. This Act was pushed through by Lord Mandelson, then Secretary of State (SoS) for Business, through a wash-up process; that is after a general election had been called and before the dissolution of parliament, through an accelerated parliamentary process to rush unopposed legislation. The Act received Royal Assent on 8 April 2010, and came into force on 8 June 2010. Parliament is expected to ratify the draft Ofcom Code and draft Shared Costs Order early next year, providing they are passed by the House of Lords, House of Commons and European Commission. Online copyright infringers are to be issued with the first letters warning them about their behaviour, with such notifications due to be issued from early in 2014. The UK Digital Economy Act, like it or loathe it, has been surrounded by an odour from the beginning, and the stench is getting ever more vile. Documents released from Lord Mandelson’s office under the Freedom of Information Act indicated despite there being public consultation then, the public consultation process was a waste of time, and that almost nothing any participant could have said would have made a difference. PPUK Chair Loz Kaye stated that these documents show how outrageously complicit everyone from the entertainment industry, politicians and unions were in...
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...distinct copyright. These are Mechanical royalties, public performance royalties, synchronization fees and print music royalties (Strand, Kouchoukas and Rattner, p.6). Mechanical royalties are fees that are paid to the copyright owner of a song for the right to reproduce the song on a recording. Public performance royalties are paid by music users for each performance or broadcast of performance based on the exclusive right to perform publicly copyrighted works (Strand, Kouchoukas and Rattner, p.6). Synrchonization fees are required any time the performance of a song is accompanied by visual images. Finally, there is print music royalties where a song writer receives royalties from a print license any time sheet music of his song or a folio or collection of his songs is sold (Strand, Kouchoukas and Rattner, p.7). In addition to royalties there are copyright laws where one can obtain a copyright for the work he/she has created and produced. A copyright is described as a bundle of rights, having evolved to embrace virtually every form of reproducing and using creative works in both the physical and the online worlds, ranging from photocopying sheet music to downloading music from the internet and from performing a musical work to webcasting a performance (Faulder). Rights of copyright are exclusive to the owner of copyright and the copyright is attached to only work that is in material form. Anyone wanting to use a copyright work must secure permission from the copyright owner; this...
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...Appropriation & Copyright Copyright is a legal concept; it gives the creator of something legal rights and obligations to keep their work in their own hands. Whether the work is profitable or free copyright laws range for both categories. Copyright is only for a matter of time, based on the lifetime of a person so that they may compensate and financially support themselves. In the world of visual arts the term appropriation means to adopt/borrow a concept that may be found in a previous art work. Although this may sound like you could adopt an entire image into your work unless you have legal permission from the original artist you may fall into some of the copyright laws and have part in illegal acts. When an artist borrows something from another piece of work they have to inherit it to produce a new piece of art, usually the original piece of work stays original and if too much of the work is “borrowed” then it may be brought up in a court case against the appropriation artist. Andy Warhol was taken to court by photographers due to artist work he had appropriated and silk screened. Patricia Caufield, one photographer had previously photographed flowers for a magazine in which Warhol had covered Leo Castelli’s New York gallery in 1964, using his silk screened re production. After seeing a poster of the work in a book store Claufield took ownership of the image whilst Warhol being the author settled in court by giving Claufield royalty for future use of images as well...
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...Copyright and the CyberWorld Jenna Ladner EDU 625 February 6, 2013 Abstract This essay was written to to serve as a survey of part of copyright law. This essay is intended only to present general information about an interesting topic in law and is not legal advice for your specific problem. This essay shares some information on several topics in regards to copyright and technology: plagiarism of text, infringement of copyright when using photocopy machines, duplication of web pages and text on the Internet. A polite assumption would be that people are not aware that copying is unlawful: it is a violation of copyright laws and the property rights of authors. This document gives a brief sketch of the nature of the rights protected by copyright law. Copyright Law in the USA Copyright occurs automatically when both of two conditions are satisfied: the creation of an original work and "fixation of that work in any tangible medium of expression." The current law in the USA requires neither a notice of copyright nor registration of the work with the U.S. Copyright Office. However, if a work does have a notice, then an infringer can not claim a "defense based on innocent infringement in mitigation of actual or statutory damages". And if a work is registered, then: (1)The registration is prima facie evidence of the validity of the copyright in litigation for copyright infringement. (2)The author may file suit for infringement of the copyright. (3) The author may seek...
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...Copyright Implications IT236 Intro to Web Design I This was an interesting paper for me to write as I had never thought of copyright and websites or affecting websites. Now that I have been taking and studying this class, I now realize the importance of copyright and how it affects the creation of a website, especially with all the hard work involved. Creating a website not only involves the creation, idea but all the hard work invested in it. This is were it is important to protect your website by implementing one of the two methods of protection which happens to be copyright. This is the primary source for legal protection, which is the most popular form of protection in use today. It is the easiest and most popular form of protecting ones website as it involves three items that have to be considered like ownership, notice and registration. You can’t use the work or image of someone else to create your own which is the same, as you cannot use another’s copyrighted work. This is as the copyright owner has rights not only for his work but also on any derivative works, which is created, based on the original work. The implications of copyright law is that it tis the legal use of the owner of a website that his website images aren’t copied or used by anyone else. Some components of copyright law include financial incentive, fair use of the website, the public domain, advances in technology and of course register copyright. It is very important that someone does copyright...
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...he works. He installs the software on his work PC and starts using it. Soon his Station Commander takes an interest, and asks if John could develop a network version of the software, which he does during working hours. The software is so successful that John decides to sell it to the Police Service, and approaches his Station Commander, who refuses to pay for it. John decides to sue the police service for breach of copyright - what are his chances? In my opinion, John Smith has a fair chance of winning the case. First of all, he is undoubtedly the author of the work. As a the programmer, he has exclusive right to the code. He therefore has the exclusive right to reproduce, distribute, perform, display and license his piece of software as well as to authorize/prohibit its reproduction/usage by a third party. As soon as John Smith wrote his program, it automatically gained copyright protection, as copyright does not require applying for it or officially registering the work and there is no registration system for copyright in Australia (Contribute to copyright, ethics and privacy in an IT environment, handout, 2012). Moreover, John Smith displayed an already created, ready-to-use product. He had not discussed, demonstrated or tried to sell his idea in public, so there was no need for him to sign a confidentiality agreement. He should, however, do that prior to commencing work on the network version of the software to secure his rights. John’s Station Commander might...
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...36th Street Parkersburg, WV 26104 304-420-9528 – main 304-420-9632 – fax www.edline.net/pages/Emerson_ES kdemoss@access.k12.wv.us Emerson Elementary School Technology Department Acceptable Use Policy Brochure Emerson Elementary School Technology Department Inside this brochure you will find all your answers to… • Acceptable Use • Copyright Law • Fair Use • Computer Hoaxes For more information please contact: Kenny DeMoss at kdemoss@access.k12.wv.us Technology Coordinator Emerson School Emerson Elementary School COPYRIGHT LAW Infringement on copyrighted material, whether prose, graphic images, music, audio tape, video or computer materials, is a serious offense of federal law and contrary to the ethical standards of employees and students alike. (1) FAIR USE Violations of copyright laws can result in criminal or civil suits. It is therefore required that all reproduction of copyrighted material be done strictly in accordance with applicable law. Unless otherwise allowed as “fair use” by federal law, permission must be obtained from the copyright owner prior to reproduction of material in any form. Fair use is based upon the following: ▪ the purpose and character of the use, ▪ the nature of the copyrighted work, ▪ the amount of and substantially of the portion used, and ▪ the affect of the use upon the potential market for, or value of, the copyrighted work. (1) COMPUTER HOAXES Any inaccurate statement...
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...Have you heard the term copyright? I think yes, but you may be wonder what it means or what it does. Copyright is a form to protect your work against plagiarism or any kind of misuse. But should copyright penalties be tougher? My answer is no. Tougher laws won’t solve the problems that copyright is fighting in today’s world, like piracy. Increasing the penalties will only make the problem bigger. Like Oscar Wilde said: “the best way to get rid of temptation is drooped into it.” This means that people will infringe copyright no matter what. To understand the infringement of copyright better we first need to know what it is. As I mentioned before, copyright is a protection that the United States Copyright Act of 1976 provides to authors of original works. When the work is created it immediately is secured with copy right, although the registration of your work in the copyright office is recommended. Works after January 1, 1978, are protected from the moment they were created for the author’s life plus 70 year after the author’s death. Anonymous works or pseudonym works are only protected from 90 to 120 years, which is less time. The copyright is represented with the symbol ©, the letter C inside a circle. Penalties for copyright are from $250 to...
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...Intellectual Property: Copyright Gone Wrong Bradlee Melton American InterContinental University Abstract Copyright is a form of intellectual property pertaining mostly to the creative arts such as music, novels, paintings, drawings, and film. When copyright was first created, its duration was fourteen years. In the past three hundred years since its creation, copyright duration has been extended several times. The last of these extensions extended copyright duration to the life of the creator plus seventy years, making copyright almost perpetual. In this modern age of lightning fast computing, copyright law is outdated and needs to be drastically reconsidered. Many have turned to the open source movement to try to escape the tyranny of copyright. Through the open source movement, several high-quality products have been produced and given to the public free of charge, whether it is music or software. Congress has made no effort to remedy the situation at hand. This essay poses the question: With copyright gone wrong, what do the people do? Intellectual Property: Copyright Gone Wrong Intellectual property or IP pertains to creations of the mind. It is broken down into two subcategories: industrial property and copyright. Industrial property includes inventions, trademarks, and other things used for industrial commerce, while copyright involves anything of the literary or artistic fields such as poems, novels, music, drawings, and paintings (WIPO, 2012)...
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