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Topic: Copyright clause


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In the News (Fri 27 Nov 09)

  
  U.S. Copyright Office - Copyright Law
(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it.
- The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.
In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
www.copyright.gov /title17/92chap5.html   (4719 words)

  
  Copyright Primer - Copyright Law/History
U.S. copyright law is grounded in the Patent and Copyright clause of the United States Constitution.
In 1998, copyright protection was extended from 50 to 70 years after the death of the author.
For works made for hire and anonymous works, the period of copyright was extended to 95 years from publication, or 120 years from creation, whichever is shorter.
www.copyright.mnscu.edu /law_history.htm   (274 words)

  
 Open Spaces Magazine - The Purpose of Copyright by Lydia Pallas Loren
This shift that we are experiencing in copyright law reflects a move away from viewing copyright as a monopoly that the public is willing to tolerate in order to encourage innovation and creation of new works to viewing copyright as a significant asset to this country's economy.
Copyright interpreted not with a focus on the ultimate aim of the progress of knowledge and learning, but instead with a focus on the monetary rights of copyright owners, results in uses that would be a net gain to society not taking place.
Copyright owners can, in effect, force internet service providers to remove material from the internet and the world wide web posted by anyone simply by sending the internet service provider that is storing the material a written notice asserting a good faith belief that the material is infringing.
open-spaces.com /article-v2n1-loren.php   (4276 words)

  
 Office of Legal Affairs: Regents Guide to Understanding Copyright & Educational Fair Use
The primary objective of copyright is not to reward the labor of authors, but '[t]o promote the Progress of Science and useful Arts.' To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work.
Copyright notices are often inflated to read as if the copyright holder's right to copy is absolute, saying, for example, that no one may copy any portion of the book in any manner without the written permission of the publisher.
Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.
www.usg.edu /legal/copyright   (16091 words)

  
 Copyright Extension
Their objection that extending the term of a subsisting copyright violates the requirement of originality misses the mark because originality is by its nature a threshold inquiry relevant to copyrightability, not a continuing concern relevant to the authority of the Congress to extend the term of a copyright.
The question whether the preamble of the Copyright Clause bars the extension of subsisting copyrights—a question to which the analysis in Schnapper seems to require a negative answer—may be revisited only by the court sitting en banc in a future case in which a party to the litigation argues the point.
Returning to the language of the clause itself, it is impossible that the Framers of the Constitution contemplated permanent protection, either directly obtained or attained through the guise of progressive extension of existing copyrights.
www.copyrightextension.com /page10.html   (5290 words)

  
 The Digital Millennium Copyright Clause - ARCLights.net
The Copyright Clause has been described as "both a grant of power and a limitation."[3] It authorizes Congress "[t]o 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 may be that the anti-federalists knew the early history of copyright and recalled that, before the Statute of Anne, copyright had been a tool of censorship.[30] It may also be that the anti-federalists simply understood that copyright meant a legal requirement that certain texts not be disseminated by certain persons.
It noted the parallel between the language of the Copyright Clause and that of the title of the Statute of Anne.
www.arclights.net /docs/dmccpt2.htm   (5859 words)

  
 U.S. CONSTITUTION
Clause 1: The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
Clause 3: No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
Clause 2: A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
www.house.gov /house/Constitution/Constitution.html   (3004 words)

  
 Eldred v. Ashcroft Questions
With respect to pre-1976 extensions of the copyright term, Lessig conceded that "in 1831 and 1909 Congress extended terms in a way that is inconsistent with the strongest form of the test we have advanced" but argued that the test need not be carried that far.
Justice Souter questioned why the Copyright Clause had to be read as requiring a causal connection between term extension and the promotion of creation, rather than requiring a general scheme which overall promotes creation (with congressional discretion within that scheme as to how to deal with the individual elements).
Olson's response is that the Court should apply the Necessary and Proper Clause to determine whether the judgment made by Congress is convenient or useful in terms of the achievement of the goals.
cyber.law.harvard.edu /openlaw/eldredvashcroft/morequestions.html   (1569 words)

  
 FindLaw: U.S. Constitution: Article I: Annotations pg. 39 of 58
The protection traditionally afforded by acts of Congress under this clause has been limited to new and useful inventions, 1338 and while a patentable invention is a mental achievement, 1339 for an idea to be patentable it must have first taken physical form.
1362 Since copyright is a species of property distinct from the ownership of the equipment used in making copies of the matter copyrighted, the sale of a copperplate under execution did not pass any right to print and publish the map which the copperplate was designed to produce.
Hurst, 174 U.S. The doctrine of common-law copyright was long statutorily preserved for unpublished works, but the 1976 revision of the federal copyright law abrogated the distinction between published and unpublished works, substituting a single federal system for that existing since the first copyright law in 1790.
caselaw.lp.findlaw.com /data/constitution/article01/39.html   (3124 words)

  
 United States copyright law - Wikipedia, the free encyclopedia
Copyright law in the United States is part of Federal law, and is authorized by the U.S. Constitution.
For works that received their copyright prior to 1978, a renewal had to be filed in the work's 28th year with the Library of Congress Copyright Office for its term of protection to be extended.
Registration of copyright refers to the act of registering the work with the United States Copyright Office, which is an office of the Library of Congress.
en.wikipedia.org /wiki/United_States_copyright_law   (4181 words)

  
 Copyright Regulation -Copyright Implementation Pursuant to Copyright Use and Ownership Policy of the University of ...
A Copyright Committee is hereby established as a University Standing Committee to be appointed by the Chancellor.
Compliance with the UNC Copyright Use and Ownership Policy and this Regulation is a condition of employment for all NC State employees, and a condition of enrollment for all NC State students.
Copyright ownership in works created by students under a sponsored agreement or external contract shall be the same as provided for faculty or EPA employees in part 5.3.1.4.
www.ncsu.edu /policies/governance_admin/gov_gen/REG01.25.3.php   (2688 words)

  
 SSRN-Original Intent and the Copyright Clause: Eldred v. Ashcroft Gets it Right by Craig W. Dallon   (Site not responding. Last check: 2007-10-16)
Ashcroft, 537 U.S. 186 (2003), the Supreme Court construed the Copyright Clause of the Constitution and affirmed the constitutionality of the Sonny Bono Copyright Term Extension Act of 1998 (the “CTEA”).
This article analyzes the historical evidence of the Framer's intent as it concerned the Copyright Clause and concludes that the result in Eldred comports with the original intent of the Copyright Clause.
The article looks at prior Supreme Court copyright cases and concludes that the result in Eldred is consistent with the principles of those prior cases construing the Copyright Clause broadly and allowing Congress substantial discretion.
papers.ssrn.com /sol3/papers.cfm?abstract_id=920913   (428 words)

  
 W3C Software License   (Site not responding. Last check: 2007-10-16)
The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission.
This version removes the copyright ownership notice such that this license can be used with materials other than those owned by the W3C, reflects that ERCIM is now a host of the W3C, includes references to this specific dated version of the license, and removes the ambiguous grant of "use".
Copyright FAQ for common questions about using materials from our site, including specific terms and conditions for packages like libwww, Amaya, and Jigsaw.
www.w3.org /Consortium/Legal/copyright-software.html   (424 words)

  
 The dead poets society
She maintained that the monopolies granted by copyright law were compatible with the freedom of speech and said a successful constitutional challenge could render all past copyright extensions similarly vulnerable.
He emphasizes that copyright is "intended to increase and not to impede the harvest of knowledge" [44].
In congressional hearings on the extension of the copyright term, committee members were of the consensus that the goal of copyright law is to improve the competitive position of companies that have significant investments in inventories of copyright works [124].
firstmonday.org /issues/issue8_6/rimmer/index.html   (16130 words)

  
 Copyright Clause
The copyright clause is where it is determined who shall have copyright in the work.
Often they are collaborative efforts, in which case it would be unweildy for four or five authors to share copyright.
A contract which gives the publisher copyright is usually termed a "work-for-hire" contract, because the author is working as a temporary employee; he or she is not considered to be creating the work alone.
www.infoexchange.com /Guidebooks/Contracts/Copyright.html   (165 words)

  
 Copyright Clause - Wikipedia, the free encyclopedia
The Copyright Clause is the only clause granting power to Congress for which the means to accomplish its stated purpose are specifically provided.
The exact limitations of this clause have been defined through a number of United States Supreme Court cases interpreting the text.
For example, the Court has determined that because the purpose of the clause is to stimulate development of the works it protects, its purpose is not to inhibit such progress.
en.wikipedia.org /wiki/Copyright_Clause   (416 words)

  
 Copyright 1996-2004   (Site not responding. Last check: 2007-10-16)
Any materials on this homepage that are copyrighted by Murray McFadden MD., Inc. or that are loaned or copyrighted by any individual or entity are provided here for personal use and review only.
Permission to reprint or reproduce any material in any manner whatsoever, in part or in its entirety, is expressly prohibited unless the prior written consent is obtained from Murray McFadden MD., Inc. or the owner of the material.
Those materials produced here that are owned and copyrighted by Murray McFadden MD., Inc. are indicated by the following: Copyright © 1996 - 2004, Murray McFadden MD., Inc. Those materials produced here that are copyrighted or owned by any other individual or entity are marked accordingly indicated the copyright and/or owner of the materials.
www.prk.com /copyright.html   (125 words)

  
 Copyright Extension
This largely ensures that copyright owners can exert some reasonable legal control over the use of their creations and receive adequate compensation when that work is published or performed.
But copyrights only last a certain period of time before they are no longer owned by the author or artist.
Copyright extension is widely supported by writers' associations, artists, societies of composers and lyricists, publishing groups, motion picture studios and producers as well as publishers.
www.copyrightextension.com   (496 words)

  
 U.S. Copyright Office - Copyright Law of the United States
Individuals with Disabilities Education Improvement Act of 2004 Section 306 amends section 121 of the Copyright Law.
Copyright Royalty and Distribution Reform Act of 2004 (P.L. signed Nov. 30, 2004 (html) (
The June 2003 edition of Circular 92, the Copyright Law of the United States, is available online below or in print for a fee from the Government Printing Office.
www.copyright.gov /title17   (244 words)

  
 Copyright - Province of British Columbia
This material is owned by the Government of British Columbia and protected by copyright law.
It may not be reproduced or redistributed without the prior written permission of the Province of British Columbia.
For requests relating to the reproduction of provincial legislation, permission is subject to the conditions outlined in the Guidelines Covering the Reproduction of Provincial Legislation.
www.gov.bc.ca /com/copy   (127 words)

  
 Terms of Use - PLUS Vision Corp. of America - Corporate Website
The copyright on such materials is held by PLUS Vision or by the original creator of the materials.
None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described by PLUS Vision with prior written permission.
Any unauthorized use of the materials appearing on PLUS Vision’s Internet site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
www.plus-america.com /terms.html   (967 words)

  
 Controversial copyright clause abandoned - 15 April 2002 - New Scientist
Controversial copyright clause abandoned - 15 April 2002 - New Scientist
The Institute of Electrical and Electronics Engineers (IEEE), which publishes 30 per cent of all computer science journals worldwide, is to stop requiring authors to comply with a controversial US digital copyright law.
A similar piece of European legislation called the European Union Copyright Directive is being prepared.
www.newscientist.com /article.ns?id=dn2169   (464 words)

  
 Domain Name Rights Coalition: Updating the Copyright Clause (Donna Wentworth)
Induce Act on the Move (Donna Wentworth) »
Walt Crawford of the excellent Cites & Insights has a new piece over @ EContent in which he updates the Constitution's copyright clause to reflect today's unfortunate reality:
Original: "The Congress shall have power...To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries."
www.netpolicy.com /archives/001012.html   (201 words)

  
 The FreeBSD Copyright
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
www.freebsd.org /copyright/freebsd-license.html   (133 words)

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