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Topic: Common law copyright

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	Understanding Copyright
		Copyright is not rocket science, and you should understand that it is your stock-in-trade, the core of your livelihood.
		Under the 1976 Act, copyright is automatic when the work is created, and a work is "created" when it is fixed in a copy or recorded for the first time (e.g., the instant you lift pen from paper or your word processing software saves to disk).
		A copyright is personal property and may be transferred by gift or for a fee, and may be bequeathed by will or pass as personal property by the applicable state laws of intestate succession.
	www.publishlawyer.com /carousel1.htm (840 words)

	Copyright - Wikipedia, the free encyclopedia
		Copyrighted works replicated onto digital media are easily and trivially copied via file sharing, and those who do this routinely break copyright laws hundreds or thousands of times, typically with minimal thought or concern.
		Copyright concepts are perceived to be under challenge in the modern technological era, from the increasing use of peer to peer filesharing, to the downward trend in profits for major record labels and the movie industry.
		Once the term of a copyright has expired, the formerly copyrighted work enters the public domain and may be freely used or exploited by anyone, as courts in the United States and the United Kingdom have rejected the doctrine of a common law copyright.
	en.wikipedia.org /wiki/Copyright (4713 words)

	Learn more about Common law in the online encyclopedia. (Site not responding. Last check: 2007-09-12)
		The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts.
		Statutes which reflect English common law are understood to always be interpreted in light of the common law tradition, and so may leave a number of things unsaid because they are already understood from the point of view of pre-existing case law and custom.
		Where a tort is grounded in common law, then all damages traditionally recognized historically for that tort may be sued for, whether or not there is mention of those damages in the current statutory law.
	www.onlineencyclopedia.org /c/co/common_law.html (1805 words)

	Common law copyright - Wikipedia, the free encyclopedia
		Common law copyright is the legal doctrine which contends that copyright is a natural right and creators are therefore entitled to the same protections anyone would be in regards to tangible and real property.
		In both countries, the courts found that copyright is a limited right created by the legislature under statutes and subject to the conditions and terms the legislature sees fit to impose.
		While the legislature in the U.K. could grant such a perpetual right--Parliament has done so in regards to Peter Pan --it is under no obligation to do so and can set a limited term.
	en.wikipedia.org /wiki/Common_law_copyright (201 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		The natural law copyright, which is not a part of our system, implied an ownership in the work itself, and thus was preferred by the booksellers and publishers striving to maintain their monopoly over literature as well as by the Crown to silence "seditious" writings.
		In copyright law, the balance between the First Amendment and copyright is preserved, in part, by the idea/expression dichotomy and the doctrine of fair use.
		Thus, the issuance of the injunction was at odds with the shared principles of the First Amendment and the copyright law, acting as a prior restraint on speech because the public had not had access to Randall’s ideas or viewpoint in the form of expression that she chose.
	laws.lp.findlaw.com /11th/0112200opnv2.html (10487 words)

	Answers to Common Copyright Law Questions
		The Copyright Office will not honor a request for a copy of someone else's work without written authorization from the owner or from his or her designated agent if that work is still under copyright protection, unless the work is involved in litigation.
		Upon their deposit in the Copyright Office, under sections 407 and 408 of the Copyright law, all copies, phonorecords, and identifying material, including those deposited in connection with claims that have been refused registration, are the property of the United States Government.
		Copyright is the right of the author of the work or the author's heirs or assignees, not of the one who only owns or possesses the physical work itself.
	www.keytlaw.com /Copyrights/faqs.htm (3774 words)

	CATHOLIC ENCYCLOPEDIA: Common Law
		Its ecclesiastical courts were recognized by the common law — the jus publicum of the kingdom — and clear recognition was accorded to the right of appeal to the sovereign pontiff; thus practically making the pontiff the supreme judge for England as he was for the remainder of Christendom in all ecclesiastical causes.
		When the thirteen American colonies achieved their independence, the English common law, as it existed with its legal and equitable features in the year 1607, was universally held by the courts to be the common law of each of the thirteen states which constituted the new confederated republic known as the United States of America.
		The common law of England is not the basis of the jurisprudence of Scotland; that country having adhered to the civil law as it existed at the time of the union with England except so far as it has been modified by subsequent legislation.
	www.newadvent.org /cathen/09068a.htm (2229 words)

	Copyright Law and Education
		Copyright exists for three basic reasons: to reward authors for their original works; to encourage availability of the works to the public; and to facilitate access and use of copyrighted works by the public for certain instances.
		Copyright law in the United States derived both from the Statute of Anne and from the common law.
		Federal courts gave directives that federal law preempted state law in suits brought up concerning the infringement of published works, but a presumptions arose that unpublished works belonged to the author in perpetuity and were defensible under a states' common law of property.
	lrs.ed.uiuc.edu /wp/copyright/copyrightlaw.htm (3675 words)

	Demystifying Common-Law Marriage
		Most people are fuzzy on exactly what common law marriage is. Like so many others, we used to believe that if two people lived together for seven years (or some other magical number of years), clicked their heels three times, and sprinkled some fairy dust, they'd become common law spouses.
		The idea of common law marriage emerged in medieval England, because clerics and justices who officiated at marriages were not always able to travel to rural locations where some couples lived.
		All marriages, common law or otherwise, are recognized by all states, regardless of where they were created (the debate about legalizing same-sex marriage gets tricky here, since technically, a lesbian marriage created in whatever state legalizes it first should be recognized by all other states).
	www.unmarried.org /common-law-marriage.html (696 words)

	Escape from Copyright
		Professor Cohen, for instance, has recently attacked the distinction between statutory and common law rights, claiming that all "[d]eclarations of entitlement are definitional, public acts and should be understood as such." [n50] Unsurprisingly, she does not take great pains to distinguish between copyright bolstered by common law rights and common law rights acting alone.
		In the first place, because § 301(a) of the Copyright Act preempts only "legal or equitable rights that are equivalent" to those established by the statute, [n256] a common law cause of action that alleges an element not required for a showing of copyright infringement will escape preemption under that section.
		Common law or technological self-help protections might limit the use of certain uncopyrighted works, of course, but even then users would benefit from knowing that copyright does not lurk in the background.
	www.tomwbell.com /writings/(C)Esc.html (16093 words)

	Introduction to Copyright Law
		The copyright statute defines a second type of work as a "work for hire." Fo r example, copyrightable material created by an individual in the course of employment is considered to be a work for hire.
		An interesting concept within copyright law is the distinction between an ultimate work that may not be a derivative work and the numerous interim reproductions created in the course of the development o f the ultimate work.
		Copyright law permits an author access to the copyright protected expression of another author's work when creating a new work so long as the new work is not substantially similar to the earlier work.
	www.temple.edu /lawschool/dpost/copyrit.htm (5258 words)

	Wikipedia:Spam - Wikipedia, the free encyclopedia
		On some occasions, the content can be removed temporarily on the basis of a suspected copyright violation, since the text is often copied from another website and posted anonymously.
		It is also possible, and appropriate in some cases, to rewrite the article from a neutral point of view.
		Edits by spambots constitute unauthorised defacement of websites, which is against the law in many countries, and may result in complaints to ISPs and (ultimately) prosecution.
	en.wikipedia.org /wiki/Wikipedia:Spam (630 words)

	Law.com
		In an unprecedented expansion of common law copyright protections, the Court of Appeals Tuesday said recording artists are shielded in perpetuity under New York standards even when their foreign copyrights have long since expired.
		She found "no justification" for limiting New York common law protections because of British copyright terms and noted that this state's shield will remain in place until federal law pre-empts in 2067 under the Sonny Bono Copyright Term Extension Act (17 USC §301).
		She said all that is necessary to establish infringement is the existence of a valid copyright and unauthorized reproduction.
	www.law.com /jsp/printerfriendly.jsp?c=LawArticle&t=PrinterFriendlyArticle&cid=1112691912040 (854 words)

	Copyright Law FAQ (3/6): Common miscellaneous questions
		Today the law is very clear: the United States government and the governments of each state may be sued for copyright infringement, and may not plead immunity as a defense.
		Bitmapped fonts are not copyrightable, because in the opinion of the Copyright Office, the bitmap does not add the requisite level of originality to satisfy the requirement for copyright.
		Philosophically, you can look at a copyright as protecting the author's rights that are inherent in the work; in contrast, a patent is a reward of a statutory monopoly to an inventor in exchange for providing the details of the invention to the public.
	www.faqs.org /faqs/law/copyright/faq/part3 (3707 words)

	Our American Common Law
		The Common Law was expounded over the years in hundreds of thousands of case decisions as a result of trials in which the Common Law jury acted as the Judges, and in which they exercised the authority to hear and decide questions of both Law and fact.
		The Judge in a Court of Common Law is an impartial referee of the dispute, and he is bound to protect the Rights of the parties to the dispute, or he will have lost whatever jurisdiction he may have had, or claimed to have had.
		And the Common Law of the States may not be modified, limited nor abrogated either by an act of the legislature (Congress or State Legislature) or by a ruling of some judge or by any county board of commissioners or any other servant to the people.
	www.svpvril.com /OACL.html (9911 words)

	10 Big Myths about copyright explained
		Copyright is not lost because you don't defend it; that's a concept from trademark law.
		Copyright law is mostly civil law where the special rights of criminal defendants you hear so much about don't apply.
		Copyright law was recently amended by the Digital Millennium Copyright Act which changed net copyright in many ways.
	www.templetons.com /brad/copymyths.html (3017 words)

	MegaLaw - Copyright Act
		One of the fundamental purposes behind the copyright clause of the Constitution, as shown in Madison's comments in The Federalist, was to promote national uniformity and to avoid the practical difficulties of determining and enforcing an author's rights under the differing laws and in the separate courts of the various States.
		The preemption of rights under State law is complete with respect to any work coming within the scope of the bill, even though the scope of exclusive rights given the work under the bill is narrower than the scope of common law rights in the work might have been.
		The evolving common law rights of ''privacy,'' ''publicity,'' and trade secrets, and the general laws of defamation and fraud, would remain unaffected as long as the causes of action contain elements, such as an invasion of personal rights or a breach of trust or confidentiality, that are different in kind from copyright infringement.
	www.megalaw.com /top/copyright/17usc301.php (2546 words)

	DAllon, The Problem with Congress and Copyright Law, 44 Santa Clara L. Rev. 365 (2004)
		The important point is this: the Statute of Anne, the ancestor of American copyright law, had as its foremost objective the encouragement of learning--a general public interest--not the private economic interests of authors, printers, or publishers.
		Blackstone, in his first edition of Commentaries on the Laws of England in 1766, acknowledged that there was no "direct determination upon the right of authors at the common law." [FN322] Citing decisions from chancery courts and legislative recognition of copyrights, Blackstone favored the existence of common law copyright.
		Ashcroft continue to acknowledge the utilitarian public benefit rationale for copyright protection; "[t]he 'constitutional command,' we have recognized, is that Congress, to the extent it enacts copyright laws at all, create[s] a 'system' that 'promote[s] the Progress of Science."' [FN419] In Eldred, however, the Court did step back from its prior statements.
	homepages.law.asu.edu /~dkarjala/OpposingCopyrightExtension/commentary/DallonProblemWithCongressSantaClaraLRev2004.htm (13770 words)

	Publication Of An Unauthorized Biography
		Copyright law also requires that a creative work will only be protected when it has been fixed under the "authority" of the author, which in the case of an interview means that the interviewee actually consented to the interview.
		Although the interviewer may not be the copyright owner of the interviewee's quotations, at a minimum the interviewer would be the copyright owner of the compilation, which includes the interviewee's quotations and interviewer's questions, comments and paraphrasing.
		To ensure copyright protection and ownership for an interview you should make certain that the interview satisfies the "fixed" requirement under federal copyright law since you do not want to rely upon state or common law for copyright protection.
	www.publaw.com /interview.html (1565 words)

	BATJAC PROD. INC. v. GOODTIMES HOME VIDEO, 160 F.3d 1223 (9th Cir. 1998)
		Straus, 147 F. (using the term "common law copyright" but noting that there is a "fundamental distinction between common-law right of literary property, commonly called common-law copyright, and copyright under the statute"), aff'd, 210 U.S. However, there was also a recognition of the differences between statutory and common law protection.
		In Classic Film, the defendant sought to use its common law copyright [p1234] in an unpublished screenplay to exert control over any unauthorized duplication of the film, "A Star is Born," which had entered the public domain through a failure to renew its copyright*.
		Common law copyright is somewhat a misnomer because it refers to both common law and state statutory protection of an author's first publication right.
	www.law.cornell.edu /copyright/cases/160_F3d_1223.htm (6878 words)

	Fixation: Unfixed utterances
		While the Copyright Act of 1976 reduced the zone for common law copyright it did not eliminate its potential protection of "unfixed" works.
		The court noted that Falwell had no federal copyright claim since he was not reading from a prepared text or notes but was, instead, engaged in spontaneous conversation with the reporters.
		His common law copyright claim was rejected since his utterances did "not come within the narrow circumstances where a cause of action involving an oral expression can be sustained." The court observed that words spoken to the press are "destined expressly for dissemination to the public."
	www.law.cornell.edu /copyright/fall2000/topic02/02_A_pp4.htm (534 words)

	Common Law Copyright Protection and Ownership - Associated Content
		Most will have the © copyright symbol at the bottom of the page, which tells visitors that the work is their own, and is not to be used by anyone else.
		Common law copyright ownership pertains to such works that are not registered with the U.S. Copyright Office, but are still protected by the owner.
		The copyright symbol (©) does not have to be present in order for common law copyright to be effective, though this certainly helps delineate what is yours and what is not.
	www.associatedcontent.com /article/55133/common_law_copyright_protection_and.html (475 words)

	Obtaining Copyright Protection (BitLaw)
		Under the current U.S. Copyright Act, copyright protection exists in "original works of authorship fixed in a tangible medium of expression." The ease in which copyright rights are secured under this definition has led to copyrights becoming the most widely available form of intellectual property protection.
		The Copyright Act uses the phrase "works of authorship" to describe the types of works that are protected by copyright law.
		Under the current law, the formalities of registration and notice now merely serve as recommended steps to expand the protection provided by copyright (see the discussion on copyright formalities for more information).
	www.bitlaw.com /copyright/obtaining.html (1042 words)

	U. S. Copyright Law
		Although there is not such a thing as an "international copyright," most countries do offer protection to foreign works via their national copyright laws as they coincide with the various international copyright treaties and conventions to which the individual countries belong.
		The federal law that governs most activity with respect to copyright in the United States is the Copyright Revision Act of 1976 as amended (otherwise known as United States Code, Title 17-Copyrights).
		State common law is law that is generally unwritten (as opposed to statutory law).
	www.lacostamusic.com /record-labels/copyrightlaw.htm (1603 words)

	Silicon Valley Media Law Blog: New York affirms common law copyright
		Whereas the general rule was that common law copyrights terminate on publication, the courts found that sale of records was not such a âpublicationâ for technical reasons and therefore could endure perpetually.
		Because it was thus possible that these common law copyrights might endure perpetually, a compromise was enacted as Section 301(c) of the Copyright Act to preempt common law protection 75 years later, on February 15, 2047.
		Today, when some question the proper duration of statutory copyrights under the âfree cultureâ banner, it is somewhat breathtaking to be reminded that common law copyrights might have endured perpetually but for this legislation.
	www.svmedialaw.com /content-new-york-affirms-common-law-copyright.html (543 words)

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