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Unformatted text preview: Intellectual Property Copyright 1976 Copyright Act made copyright law more uniform by preempting state law Copyright allows authors to control how their creative expression is copied, distributed, and performed The constitution gives Congress 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 Copyrightable Works Include literary, musical, dramatic, audiovisual, pictorial, graphic, and sculptural works To be original the work must be created independently with a modicum of intellectual effort US Copyright Office in Washington registers works- even obscene or fraudulent work Protects expression, not the ideas or facts in the expression Copying an authors copyrighted words, music, or other expression without permission infringes copyright in the original work even if the copier acknowledges the source of the expression Burrow-Giles Lithographic Co.- vs. Sarony- court ruled that a photograph is an original work authorship and can be subject to copyright Copyright also protects compilations and derivative works Compilation- a work formed by collecting and assembling preexisting materials or data that are selected, coordinated, and arranged in such a way as to create a new original work Feist Publications, Inc. vs. Telephone Services Company- publisher of a regional phone directory did not violate copyright of smaller local directory when it borrowed names and addresses from the local book- publisher took facts that required no creativity to arrange and no originality Collective work- a gathering of preexisting works that may already be copyrighted (magazines, anthologies, corporate reports) Publisher of a collective work must have permission from individual copyright owners, collective work can be separately copyrighted Derivative work- a transformation or adaptation of an existing work; can be copyrighted. Includes translations from foreign languages, movie versions of plays and novels, and dolls based on cartoon characters- must get copyright license Formats and layouts cannot be copyrighted Notice, Registration, and Deposit Protection for works created after 1977 lasts for the life of the author plus 70 years Benefit of a copyright can be willed to ones survivors If a company is the copyright holder, protection runs for 120 years from the date of creation, or 95 years from the date of publication- whichever is shorter Eldred vs. Ashcroft- SC ruled that congress did not exceed its authority when it lengthened the term of copyright to 70 years after the life of an author Notice- Authors should place copyright notices on their works and register them...
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- Spring '08