Copyright basis

Europe - "natural right" of authors/creators


U.S. / U.K. - government-granted monopoly, for the advancement of society (Progress Clause)

"Congress has 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."



Copyright basics

Early U.S. copyright (1790)

Covered: books, maps, charts
Duration: 14 years + 14 year extension
Formalities: registration & notice required
copies of work deposited w/ government offices
Exclusive rights: copying & distribution


Not covered: music, newspapers, paintings/drawings, etc
Exceptions: "first sale" doctrine, "fair use"




Current copyright

Berne Convention

Covered: "original works of authorship" (literary, dramatic, musical, artistic)
including: any text, music (scores, lyrics), pictorial works (maps, drawings, paintings, prints, photographs), sound recordings, motion pictures, sculpture, dance notation, architecture
Duration: life + 70 years
works for hire: 95 years (or 120 if unpublished, whichever is shorter)
Formalities: no registration or notice required
copyright exists immediately, upon "fixation" of work
registration required for infringement suit
Exclusive rights:
  • copying & distribution
  • derivative works
  • public performance
  • public display
  • sound recordings - digital audio transmission
  • visual art - "moral rights" (attribution & integrity)
Not covered:
  • works not fixed in tangible medium (dance performance, improvised speech, etc)
  • words/titles/names/short phrases
  • "mere listings of ingredients or contents"
  • ideas / procedures / methods
  • facts / information containing no original authorship (calendars, phone numbers, measurements)
Exceptions: "first sale" doctrine, "fair use" (now mentioned in statute)




originality
a work must demonstrate "originality" to be copyrightable
no standard exists
generally requires "some minimal level of creativity"

publication
offering/distribution to the public for sale, renting, etc
public performance or display is not publication

license
grant of permission to use a work
can be restricted to a defined time, context, territory
can be exclusive or non-exclusive
does not transfer ownership

assignment of copyright
transfer of ownership of copyright
must be in writing
can transfer individual rights

fair use
allowed use of a work, which would otherwise be considered infringement
e.g. quoting a line of text in a review, satirizing a film
no firm definition of what is allowed
general determining factors: purpose and character of use, nature of copyrighted work, importance of portion used in relation to whole work, effect on market for copyrighted work

public domain
works that are not under copyright control
usually from expiration of copyright
anyone can freely copy, distribute, derive from, etc

compulsory license
license for certain uses which exists automatically
copyright owner cannot prevent the license
well-defined fee must be paid
e.g. recording a piece of music, once one recording has been published

work for hire
work made by an employee, "within the scope of his/her employment"
or, commissioned work, explicitly identified in writing as "made for hire"
employer/commisioner owns copyright

idea vs. expression
ideas are not copyrightable
only a specific expression of an idea is copyrightable
patents are considered to cover ideas