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U.S. Copyright Office - Copyright Law: Chapter 5 (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   (4915 words)

Copyright Law, by Janet Logan, Esq. Fort Lauderdale, FL The starting point for evaluating American copyright law is in the United States Constitution, where Congress was given the power "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."  U.S. Const. LENGTH OF Copyright protection today lasts for the lifetime of the author plus fifty years or the lifetime of the last author to die plus fifty years if the work was a joint work, i.e., the work had more than one author. Proper copyright notice includes 1) a "C" in a circle, ©, the word "copyright", or "Copr." or in the case of phonorecords only a P in a circle is specified; 2) the name of the owner of the copyright; and 3) the year of first publication (with certain exceptions). www.cafelaw.com /copyright.html   (1831 words)

FEIST PUBLICATIONS, INC. v. RURAL TELEPHONE SERVICE CO., 499 U.S. 340 (1991)   (Site not responding. Last check: ) It stated that the copyright in a work protected only “the copyrightable component parts of the work.” It thus stated an important copyright principle, but failed to identify the specific characteristic -- originality -- that determined which component parts of a work were copyrightable and which were not. The 1976 revisions were a direct response to the Copyright Office's concern that many lower courts had misconstrued this basic principle, and Congress emphasized repeatedly that the purpose of the revisions was to clarify, not change, existing law. Copyright protection does not extend to the facts themselves, and the mere use of information contained in a directory without a substantial copying of the format does not constitute infringement” (citation omitted). www.law.cornell.edu /copyright/cases/499_US_340.htm   (6483 words)

Copyright Cases Index (BitLaw) Many of the Internet cases on Bitlaw are decided under Copyright law, but those cases are found in their own index. In this case, a photocopying service was sued for copyright infringement for making "coursepacks" for students at the University of Michigan. In response to the claim of copyright infringement, the copyshop owner claimed that the creation of coursepacks for students was a fair use under the Copyright Act. www.bitlaw.com /source/cases/copyright/index.html   (550 words)

Copyright Law Copyright law in the U.S. is based on the Copyright Act of 1976, a federal statute that went into effect on January 1, 1978. The copyright term for "works made for hire" is 95 years from the date of first "publication" (distribution of copies to the general public) or 120 years from the date of creation, whichever expires first. Copyright owners are, by law, deemed to consent to fair use of their works by others. library.findlaw.com /1999/Jan/1/241476.html   (1597 words)

IRAN: Copyright Law In the case of works of joint authorship, reference Article 6, the date of the death of the last surviving author shall be considered alone for the calculation of the time of protection. In cases where the author's copyright is terminated and the public are freely allowed to use the work in accordance with this law, the Ministry of Culture and Arts, with respect to infringements of articles 17, A, 19, and 20, will act as private plaintive. In cases where this law is violated as a result of decisions made by a person of legal standing, damages awarded the private plaintive will be met from the assets of the legal personality. www.parstimes.com /law/copyright_law.html   (1408 words)

Copyright | OUT-LAW.COM Copyright gives the author of certain types of material rights to control the use or commercial exploitation of the work that he or she has created. Changes to copyright law have affected your right to photocopy without infringing someone's copyright, therefor you should assess your photocopying habits and establish whether you require a licence for photocopying. Whether you need help with the law, with licensing or with an infringement dispute, feel free to get in touch with any of our contacts to see how we can help. www.out-law.com /page-338   (524 words)

Referenced Case In copyright infringement cases, courts have regularly granted summary judgment where it is clear that the plaintiff cannot make out the elements of the claim. In a copyright infringement action a "plaintiff may prove defendants's copying either by direct evidence or, as is most often the case, by showing that (1) the defendant had access to the plaintiff's copyrighted work, and (2) defendant's work is substantially similar to the plaintiff's copyrightable material." Computer Assoc. Even without proof of access, plaintiff could still make out her case if she showed that the works were not just substantially similar, but were so strikingly similar as to preclude the possibility of independent creation. www.columbia.edu /cu/ccnmtl/projects/law/library/cases/case_mcraesmith.html   (4646 words)

Legal Copyright Issues Web Site Management Law Suits Schools Education When we cannot consult case law to see how the courts are interpreting the law with regard to a particular arena or category of activity, we must rely upon parallel or analogical reasoning, drawing concepts and principles from decisions that have been rendered in related areas or domains. The copyright law and the courts (Legal Resources on the Web) have provided exceptions to the rules which govern the behavior of teachers, students and schools. In the case of schools, the courts have held that libel, slander and damaging reports in high school newspapers are grounds for damages. www.fno.org /jun96/legal.html   (2839 words)

Introduction to Copyright Law In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of copyright law. 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)

Copyright Law on the Web As the statute puts it, copyrights merely "subsist." This means that every person who has ever written an original Web page or created an original graphic for the Web has a copyright (or his or her employer does) on that page or graphic. The law provides four tests to determine if the use of a work is fair use: the purpose and character of the use, the nature of the work, the amount and substantialness of the portion of the work used, and the effect of the use on the value of the work. Just as copyright holders are the only ones who can authorize the copying of the copyrighted work, they are the only ones who can authorize the creation of a derivative work, which is any work that is based upon a preexisting work. www.acm.org /crossroads/xrds2-2/weblaw.html   (2436 words)

SSRN-Size Matters (or Should) in Copyright Law by Justin Hughes American copyright law has a widely recognized prohibition against the copyrighting of titles, short phrases, and single words. Copyright case law is rife with dicta suggesting protection of short phrases and single words. This instability in copyright law is rooted in the fiction that we deny copyright protection to short phrases and single words because they lack originality. papers.ssrn.com /sol3/papers.cfm?abstract_id=870328   (277 words)

Copyright Laws The first modern law governing copyright protection began with "the Statute of Ann" which was passed by British Parliament in 1709. The purpose of the copyright law is to promote the use of copyrights and at the same time protect the rights of the copyright owner. Included in the exclusive rights given to the copyright owner is the right to copy the work into any form, including in print, on screen, or on tape. www.ccli.com /Visitors/CopyrightLaws.cfm   (317 words)

liibulletin: Special project on Internet law: Copyright Copyright law provides a cause of action for holders of copyright against individuals who infringe on their rights. In the copyright infringement litigation paradigm, I have metaphorically represented the Internet users as "'Net surfers." In a potential liability suit, owners of copyright - whom I have metaphorically represented as "beach property owners" - claim that such surfers have infringed upon their copyright-protected work. Case law illustrates the courts' attempts to strike an equitable balance between public interest in access to copyright-protected work on the Internet and holders' ability to profit from their investments. www.law.cornell.edu /bulletin/sp/copyright/intro.htm   (287 words)

Copyright Paper by S. Peregrine Johnson Authors of web sites establish copyright for the posted material when they fix their ideas in that medium, and a posted copyright notice on the site is no longer required (Bielefiedl, 1997). Copyright protection in any work does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery that is described, explained, illustrated, or embodied in the work. In some areas, such as Internet online law, the laws are evolving to include new technological advances and their relationship to existing laws. www3.baylor.edu /~Sharon_P_Johnson/copyright.htm   (2763 words)

LLRX -- Update to Japanese Law via the Internet German and French law and their respective judicial systems were the typical example used for the Japanese model. Constitutional law and criminal procedure law, which are most important for the protection of human rights, were revised by modeling American law. Houko (meaning law storehouse) is a typical site of the former type, containing a word index, a field index and a chronological index. www.llrx.com /features/japan2.htm   (1777 words)

Copyright @Case The creation and use of copyrighted materials are an important part of the research mission, and respect for others' work is part of the academic ethic. The Case Intellectual Property Policy, Acceptable Use of Computing and Information Technology Resources Policy, and the Copyright Compliance Policy inform the Case community, diminish liability both for the individual and the institution, and help individuals take full advantage of appropriate legal exemptions in order to support their research and teaching responsibilities. Copyright Compliance Policy - overview of the Policy structure for basics, foundations, and concepts of the copyright balance and how it facilitates your research activities... library.case.edu /copyright   (303 words)

Copyright Law -- Lawcore.com The U.S. Copyright Law was established as a way to protect the writings of people by granting them a copyright to their work. Any copyrighted material cannot be used, sold, or copied by anyone else without the permission of the person who holds the copyright or in cases where it is considered Fair Use. Although a copyright notice is not mandatory, it is always better to have one posted along with your work so that you have a better chance of recovering damages if anyone copies your work and is in violation of the U.S. Copyright Law. www.lawcore.com /copyright   (890 words)

NMU (10/9/02): Court hears arguments in copyright term extension challenge The Supreme Court Oct. 9 heard arguments in a case that challenged a 1998 extension to the term owners hold in copyrights. While the intent of copyright was to "promote the progress of science," those who benefit from the extension today are companies such as AOL Time Warner, Inc., The Walt Disney Company and Universal Studios. Some members of the court expressed concern about what the impact of finding the law unconstitutional might mean with regards to previous extensions, in particular a 1976 extension of the copyright. www.rcfp.org /news/2002/1009eldred.html   (842 words)

Openlaw: Eldred v. Ashcroft   (Site not responding. Last check: ) Congress has extended copyright terms eleven times in the last 40 years, each time further distorting the balance between private incentive and enrichment of the public domain. This case, and the Openlaw forum, are just the beginning of a broader movement to reassert the public side of the copyright bargain. Copyright law requires a balancing of the interest of copyright holders against the rights of everyone else. eon.law.harvard.edu /openlaw/eldredvashcroft   (824 words)

ALA | Copyright Our involvement extends to the international copyright arena where we also follow the treaties to which the U.S. is a signatory and which could influence the development of copyright changes at home. Copyright issues are among the most hotly contested issues in the legal and legislative world; billions of dollars are at stake. The Library Copyright Alliance (LCA) strongly supports the introduction of the Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIR USE) Act of 2007, H.R. The FAIR USE Act is co-sponsored by Congressmen Rick Boucher (D-VA), Congresswomen Zoe Lofgren (D-CA) and Congressman John Doolittle (R-CA). www.ala.org /ala/washoff/WOissues/copyrightb/copyright.htm   (1072 words)

Summary: Intellectual Reserve v. Utah Lighthouse Ministries (copyright case). Rather, it was prepared solely for use by general and local church officers to administer the affairs of the church. However, the copyright management information claim is based on a new provision which was enacted into law in October 1998 as part of the Digital Millennium Copyright Act. The Defendants have raised the issue of whether the Handbook is a copyrighted work in their Motion to Dismiss. www.techlawjournal.com /courts/lds/Default.htm   (592 words)

AALL Model Law Firm Copyright Policy This Policy is intended solely for the consideration of law firm libraries as suggested procedures in complying with copyright law. The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproduction of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. www.aallnet.org /about/model_law.asp   (1429 words)

Copyright Pathfinder   (Site not responding. Last check: ) As courts apply the law to actual disputes between two or more parties, they issue rulings which become part of the body of 'case law.' Copyright case law consists of federal judicial decisions that interpret the Copyright Act. However, not all cases that seem relevant to your research are 'good law.' Cases that you find may have been subsequently overturned, ruled unconstitutional or viewed negatively by later courts. This is a good case to be familiar with because it tests the limits of fair use and makes some important distinctions about willful infringement of copyright. www-personal.umich.edu /~suekane/Archive/Law/case.html   (605 words)

Copyright Law The law is very specific about what can and cannot be legally duplicated. Copyright law is governed by the United States Code, Title 17. This document details the types of works that can be copyrighted, the rights the copyright holder has, situations where copies may be made without the holder's permission as well as the penalties for copyright infringement. www.actionduplication.com /law.aspx   (462 words)

Duane Morris - Duane Morris at Forefront of Digital Copyright Law Case In a precedent setting case, Duane Morris partner Joseph M. Burton successfully defended the principle of fair use in his representation of ElcomSoft. Due in large part to his work on the case, Burton was named the 2003 California Lawyer Attorney of the Year for Criminal and Copyright Law by California Lawyer magazine. He is nationally recognized for his work in the emerging field of Information Security Law, where he advises and represents individuals and corporations regarding their rights and responsibilities in maintaining the security of digital information. www.duanemorris.com /cases/case6.html   (461 words)

Law.com - Justices to Weigh Key Copyright Case They want a paradigm shift where copyright law suddenly means all those technologists have to come to Hollywood first and get some kind of dispensation before they create new products. At the core of the MGM case is the concept of secondary liability in copyright law. When the justices took up the Sony case in 1984, copyright law lacked a statutory provision imposing secondary liability on technology developers for the infringing acts of their users. www.law.com /jsp/article.jsp?id=1111140311851   (1561 words)

World Copyright Law Report The case has been a particular talking point in France after a decision released earlier this year reversed prevailing French case law on this subject. As well as regulating the liability of internet service providers, the bill will replace special royalty rates with general royalty rates, after it was decided that special royalty rates can lead to potential discrimination among users. The bill is designed to address the current lack of control over copyright royalties by creating greater control over the collection process, including setting out requirements for the establishment of collecting societies. www.worldcopyrightlawreport.com   (477 words)

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