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Copyright is a type of
intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of ...
that gives its owner the exclusive right to copy and distribute a
creative work A creative work is a manifestation of creativity, creative effort including Work of art, fine artwork (sculpture, paintings, drawing, Sketch (drawing), sketching, performance art), dance, writing (literature), filmmaking, and music, composition. Le ...

creative work
, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to
limitationsLimitation may refer to: *A disclaimer for research done in an experiment An experiment is a procedure carried out to support, refute, or validate a hypothesis. Experiments provide insight into Causality, cause-and-effect by demonstrating what ...
based on public interest considerations, such as the
fair use Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the ...
doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over
derivative work In copyright law Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical ...
s, distribution, public performance, and
moral rights Moral rights are rights Rights are legal Law is a system of rules created and law enforcement, enforced through social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise defin ...
such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by the law of a certain state, do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent. Typically, the public law duration of a copyright expires 50 to 100 years after the creator dies, depending on the jurisdiction. Some countries require certain
copyright formalities Copyright formalities are legal (generally statutoryA statute reffers to the body of law that are made by legislature of the nation with instrument which govern the state, country or any nation. it includes laws, rules and the reulation whichhas ...
to establishing copyright, others recognize copyright in any completed work, without a formal registration. When the copyright of a work expires, it enters the
public domain The public domain consists of all the creative work A creative work is a manifestation of creativity, creative effort including Work of art, fine artwork (sculpture, paintings, drawing, Sketch (drawing), sketching, performance art), dance, wr ...

public domain
.


History


Background

The concept of copyright developed after the
printing press A printing press is a mechanical device for applying pressure to an ink Ink is a gel, sol, or solution Image:SaltInWaterSolutionLiquid.jpg, Making a saline water solution by dissolving Salt, table salt (sodium chloride, NaCl) in water ...
came into use in Europe in the 15th and 16th centuries. The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately re- set and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high, and significantly supplemented the incomes of many academics. Printing brought profound social changes. The rise in
literacy Literacy is popularly understood as an ability to read and write Writing is a medium of human communication Communication (from Latin ''communicare'', meaning "to share") is the act of developing Semantics, meaning among Subject (p ...
across
Europe Europe is a continent A continent is any of several large landmasses. Generally identified by convention (norm), convention rather than any strict criteria, up to seven geographical regions are commonly regarded as continents. Ordered ...

Europe
led to a dramatic increase in the
demand In economics Economics () is the social science that studies how people interact with value; in particular, the Production (economics), production, distribution (economics), distribution, and Consumption (economics), consumption of goods ...

demand
for reading matter.''Copyright in Historical Perspective'', p. 136-137, Patterson, 1968, Vanderbilt Univ. Press Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience. In German language markets before the advent of copyright, technical materials, like popular fiction, were inexpensive and widely available; it has been suggested this contributed to Germany's industrial and economic success. After copyright law became established (in 1710 in England and Scotland, and in the 1840s in German-speaking areas) the low-price mass market vanished, and fewer, more expensive editions were published; distribution of scientific and technical information was greatly reduced.


Conception

The concept of copyright first developed in
England England is a that is part of the . It shares land borders with to its west and to its north. The lies northwest of England and the to the southwest. England is separated from by the to the east and the to the south. The country cover ...

England
. In reaction to the printing of "scandalous books and pamphlets", the
English Parliament The Parliament of England was the legislature A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) who u ...
passed the
Licensing of the Press Act 1662 The Licensing of the Press Act 1662 was an Act of the Parliament of England The Parliament of England was the legislature A legislature is a deliberative assembly with the authority In the fields of sociology Sociology is the stu ...
, which required all intended publications to be registered with the government-approved
Stationers' Company The Worshipful Company of Stationers and Newspaper Makers (until 1937 the Worshipful Company of Stationers), usually known as the Stationers' Company, is one of the livery companies Coat of arms of the Worshipful Company of Grocers, founded ...
, giving the Stationers the right to regulate what material could be printed. The
Statute of Anne The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), is an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright Copyright is ...

Statute of Anne
, enacted in 1710 in England and Scotland provided the first legislation to protect copyrights (but not authors' rights). The Copyright Act of 1814 extended more rights for authors but did not protect British from reprinting in the US. The of 1886 finally provided protection for authors among the countries who signed the agreement, although the US did not join the Berne Convention until 1989. In the US, the Constitution grants Congress the right to establish copyright and patent laws. Shortly after the Constitution was passed, Congress enacted the
Copyright Act of 1790 The Copyright Act of 1790 was the first federal copyright act to be instituted in the United States The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a country Contiguous United States, ...
, modeling it after the Statute of Anne. While the national law protected authors’ published works, authority was granted to the states to protect authors’ unpublished works. The most recent major overhaul of copyright in the US, the
1976 Copyright Act The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codi ...
, extended federal copyright to works as soon as they are created and "fixed", without requiring publication or registration. State law continues to apply to unpublished works that are not otherwise copyrighted by federal law. This act also changed the calculation of copyright term from a fixed term (then a maximum of fifty-six years) to "life of the author plus 50 years". These changes brought the US closer to conformity with the Berne Convention, and in 1989 the United States further revised its copyright law and joined the Berne Convention officially. Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In the
Middle Ages In the history of Europe The history of Europe concerns itself with the discovery and collection, the study, organization and presentation and the interpretation of past events and affairs of the people of Europe since the beginning of ...
in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as a product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. This parallels the ways in which
capitalism Capitalism is an economic system An economic system, or economic order, is a system A system is a group of interacting Interaction is a kind of action that occurs as two or more objects have an effect upon one another. The idea o ...

capitalism
led to the
commodification Within a capitalist Capitalism is an economic system based on the private ownership of the means of production and their operation for profit. Central characteristics of capitalism include capital accumulation, competitive markets, a ...
of many aspects of social life that earlier had no monetary or economic value per se. Copyright has developed into a concept that has a significant effect on nearly every modern industry, including not just literary work, but also forms of creative work such as
sound recordings In physics, sound is a vibration Vibration is a mechanical phenomenon whereby oscillation Oscillation is the repetitive variation, typically in time, of some measure about a central value (often a point of equilibrium) or between two or ...
,
film A film, also called a movie, motion picture or moving picture, is a work of visual art The visual arts are art forms such as painting Painting is the practice of applying paint Paint is any pigmented liquid, liquefiable, ...

film
s,
photograph A photograph (also known as a photo) is an image An SAR radar image acquired by the SIR-C/X-SAR radar on board the Space Shuttle Endeavour shows the Teide volcano. The city of Santa Cruz de Tenerife is visible as the purple and white ...
s,
software Software is a collection of Instruction (computer science), instructions that tell a computer how to work. This is in contrast to Computer hardware, hardware, from which the system is built and actually performs the work. At the low level lang ...

software
, and
architecture upright=1.45, alt=Plan d'exécution du second étage de l'hôtel de Brionne (dessin) De Cotte 2503c – Gallica 2011 (adjusted), Plan of the second floor (attic storey) of the Hôtel de Brionne in Paris – 1734. Architecture (Latin ''archi ...

architecture
.


National copyrights

Often seen as the first real copyright law, the 1709 British
Statute of Anne The Statute of Anne, also known as the Copyright Act 1710 (cited either as 8 Ann. c. 21 or as 8 Ann. c. 19), is an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright Copyright is ...

Statute of Anne
gave the publishers rights for a fixed period, after which the copyright expired. The act also alluded to individual rights of the artist. It began, "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing ... Books, and other Writings, without the Consent of the Authors ... to their very great Detriment, and too often to the Ruin of them and their Families:". A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws. The
Copyright Clause The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution The Constitution of the United States is th ...
of the United States, Constitution (1787) authorized copyright legislation: "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." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as a whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. The original length of copyright in the United States was 14 years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the
public domain The public domain consists of all the creative work A creative work is a manifestation of creativity, creative effort including Work of art, fine artwork (sculpture, paintings, drawing, Sketch (drawing), sketching, performance art), dance, wr ...

public domain
, so it could be used and built upon by others. Copyright law was enacted rather late in German states, and the historian Eckhard Höffner argues that the absence of copyright laws in the early 19th century encouraged publishing, was profitable for authors, led to a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of Germany as a power during that century. However, empirical evidence derived from the exogenous differential introduction of copyright in Napoleonic Italy shows that "basic copyrights increased both the number and the quality of operas, measured by their popularity and durability".


International copyright treaties

The 1886
Berne Convention The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886. The Berne Convention form ...
first established recognition of copyrights among sovereign nations, rather than merely bilaterally. Under the Berne Convention, copyrights for
creative works A creative work is a manifestation of creative effort including fine artwork (sculpture ''lamassu 300px, ''Lamassu'' from Dur-Sharrukin. University of Chicago Oriental Institute. Syrian limestone Neo-Assyrian Period, c. 721–705 BCE ''Lam ...
do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" a copyright in countries adhering to the Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the copyright expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto the Convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with the passage of the
Copyright, Designs and Patents Act 1988 The Copyright, Designs and Patents Act 1988c 48, also known as the CDPA, is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body A legislature is a deliberative assembly w ...
. Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by the Convention. This was a special provision that had been added at the time of 1971 revision of the Convention, because of the strong demands of the developing countries. The United States did not sign the Berne Convention until 1989. The United States and most
Latin America Latin America is the portion of the Americas comprising countries and regions where Romance languages—languages that derived from Latin—such as Spanish language in the Americas, Spanish, American Portuguese, Portuguese, and French language, Fr ...

Latin America
n countries instead entered into the Buenos Aires Convention in 1910, which required a copyright notice on the work (such as ''
all rights reserved "All rights reserved" is a copyright formality indicating that the copyright holder ''reserves'', or holds for its own use, all the rights provided by copyright law Copyright is a type of intellectual property that gives its owner the exclu ...

all rights reserved
''), and permitted signatory nations to limit the duration of copyrights to shorter and renewable terms. The
Universal Copyright Convention The Universal Copyright Convention (UCC), adopted in Geneva , neighboring_municipalities= Carouge, Chêne-Bougeries, Cologny, Lancy, Grand-Saconnex, Pregny-Chambésy, Vernier, Switzerland, Vernier, Veyrier , website = ville-geneve.ch Geneva ( ...
was drafted in 1952 as another less demanding alternative to the Berne Convention, and ratified by nations such as the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a that spanned during its existence from 1922 to 1991. It was nominally a of multiple national ; in practice and were highly until its final years. The ...
and developing nations. The regulations of the
Berne Convention The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886. The Berne Convention form ...
are incorporated into the
World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization An intergovernmental organization (IGO) is an organization composed primarily of sovereign states (referred to as ''member states''), or of other organizations through ...
's
TRIPS The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization The World Trade Organization (WTO) is an intergovernmental ...
agreement (1995), thus giving the Berne Convention effectively near-global application. In 1961, the
United International Bureaux for the Protection of Intellectual PropertyThe United International Bureaux for the Protection of Intellectual Property (BIRPI) was an international organization. It was set up in 1893 to administer the Berne Convention for the Protection of Literary and Artistic Works ,german: Berner(in) ...
signed the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. In 1996, this organization was succeeded by the founding of the
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; french: Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations The United Nations (UN) is an intergovernmental orga ...
, which launched the 1996
WIPO Performances and Phonograms Treaty The World Intellectual Property Organization (WIPO; french: Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations The United Nations (UN) is an intergovernmental org ...
and the 2002
WIPO Copyright Treaty The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty A treaty is a formal legally binding written agreement between actors in international law. It is usually entered into by ...
, which enacted greater restrictions on the use of technology to copy works in the nations that ratified it. The
Trans-Pacific Partnership The Trans-Pacific Partnership (TPP), also called the Trans-Pacific Partnership Agreement, was a proposed trade agreement A trade agreement (also known as trade pact) is a wide-ranging taxes, tariff and trade treaty that often includes invest ...
includes intellectual Property Provisions relating to copyright. Copyright laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and
international organizations An international organization (also known as an international institution or intergovernmental organization) is a stable set of norms and rules meant to govern the behavior of states and other actors in the international system. Organizations m ...
such as the
European Union The European Union (EU) is a political and economic union of member states that are located primarily in Europe Europe is a which is also recognised as part of , located entirely in the and mostly in the . It comprises the wester ...

European Union
or
World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization An intergovernmental organization (IGO) is an organization composed primarily of sovereign states (referred to as ''member states''), or of other organizations through ...
require their member states to comply with them.


Obtaining protection


Ownership

The original holder of the copyright may be the employer of the author rather than the author himself if the work is a "
work for hireIn the copyright Copyright is a type of intellectual property that gives its owner the exclusive right to copy and distribute a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musica ...
". For example, in
English law English law is the common law List of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
the Copyright, Designs and Patents Act 1988 provides that if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a "Work for Hire". Typically, the first owner of a copyright is the person who created the work i.e. the
author An author is the creator or originator of any written work such as a book A book is a medium for recording information Information can be thought of as the resolution of uncertainty; it answers the question of "What an entity is" an ...

author
. But when more than one person creates the work, then a case of
joint authorshipJoint authorship of a copyrightable work is when two or more persons contribute enough to the work to be the author of that work. In the case of joint authorship, the authors share the copyright in the work with each other. International convention ...
can be made provided some criteria are met.


Eligible works

Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by
jurisdiction Jurisdiction (from Latin Latin (, or , ) is a classical language A classical language is a language A language is a structured system of communication Communication (from Latin ''communicare'', meaning "to share" or "to be i ...
, but these can include
poem Poetry (derived from the Greek#REDIRECT Greek Greek may refer to: Greece Anything of, from, or related to Greece Greece ( el, Ελλάδα, , ), officially the Hellenic Republic, is a country located in Southeast Europe. Its popula ...

poem
s,
theses A thesis or dissertation (abbreviated diss.) is a document submitted in support of candidature for an academic degree or professional qualification presenting the author's research and findings.International Standard International Organizatio ...
,
fictional characters In fiction, a character is a person or other being in a narrative (such as a novel, Play (theatre), play, television series, film, or video game). The character may be entirely fictional or based on a real-life person, in which case the distinc ...
,
plays Play most commonly refers to: * Play (activity), an activity done for enjoyment * Play (theatre), a work of drama Play may refer also to: Computers and technology * Google Play, a digital content service * Play Framework, a Java framework * Play ...

plays
and other
literary works Literature broadly is any collection of Writing, written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expande ...

literary works
,
motion pictures A film, also called a movie, motion picture or moving picture, is a work of visual art used to simulate experiences that communicate ideas, stories, perceptions, feelings, beauty, or atmosphere through the use of moving images. These imag ...

motion pictures
,
choreography Choreography is the art or practice of designing sequence In mathematics, a sequence is an enumerated collection of objects in which repetitions are allowed and order theory, order matters. Like a Set (mathematics), set, it contains Element (m ...

choreography
,
music Music is the of arranging s in time through the of melody, harmony, rhythm, and timbre. It is one of the aspects of all human societies. General include common elements such as (which governs and ), (and its associated concepts , , and ...

music
al compositions,
sound recording Sound recording and reproduction is an electrical Electricity is the set of physical phenomena associated with the presence and motion Image:Leaving Yongsan Station.jpg, 300px, Motion involves a change in position In physics, motion ...

sound recording
s,
painting Painting is the practice of applying paint Paint is any pigmented liquid A liquid is a nearly incompressible In fluid mechanics Fluid mechanics is the branch of physics concerned with the mechanics Mechanics (Ancient ...

painting
s,
drawing Drawing is a form of visual art The visual arts are art forms such as painting Painting is the practice of applying paint Paint is any pigmented liquid, liquefiable, or solid mastic composition that, after application to a su ...

drawing
s,
sculpture Sculpture is the branch of the visual arts that operates in three dimensions. It is one of the plastic arts. Durable sculptural processes originally used carving (the removal of material) and modelling (the addition of material, as clay), ...

sculpture
s,
photographs 396x396px, ''View from the Window at Le Gras'' (1826 or 1827), by Nicéphore Niépce, the earliest known surviving photograph of a real-world scene, made with a camera obscura. Original (left) & Film colorization, colorized reoriented enhanceme ...

photographs
,
computer software Software is a collection of instructions Instruction or instructions may refer to: Computing * Instruction, one operation of a processor within a computer architecture instruction set * Computer program, a collection of instructions Music * I ...

computer software
,
radio Radio is the technology of signaling and telecommunication, communicating using radio waves. Radio waves are electromagnetic waves of frequency between 30 hertz (Hz) and 300 gigahertz (GHz). They are generated by an electronic device ...

radio
and
television Television, sometimes shortened to TV or telly, is a telecommunication Telecommunication is the transmission of information by various types of technologies over wire A wire is a single usually cylindrical A cylinder (from Gre ...

television
broadcasts Broadcasting is the distribution (business), distribution of sound, audio or video content to a dispersed audience via any electronic medium (communication), mass communications medium, but typically one using the electromagnetic spectrum (radio ...

broadcasts
, and
industrial design Industrial design is a process of design A design is a plan or specification for the construction of an object or system or for the implementation of an activity or process, or the result of that plan or specification in the form of a prototyp ...

industrial design
s. Graphic
designs A design is a plan or specification for the construction of an object or system or for the implementation of an activity or process, or the result of that plan or specification in the form of a prototype, product or process. The verb ''to design'' ...

designs
and industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed. For example, the copyright to a
Mickey Mouse Mickey Mouse is a cartoon A cartoon is a type of illustration that is typically drawn, sometimes animated, in an unrealistic or semi-realistic style. The specific meaning has evolved over time, but the modern usage usually refers to ei ...
cartoon restricts others from making copies of the cartoon or creating
derivative work In copyright law Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical ...
s based on
Disney's The Walt Disney Company, commonly known as Disney (), is an American diversified multinational media conglomerate, mass media and entertainment conglomerate headquartered at the Walt Disney Studios (Burbank), Walt Disney Studios complex in Bu ...
particular
anthropomorphic Anthropomorphism is the attribution of human Humans (''Homo sapiens'') are the most abundant and widespread species In biology, a species is the basic unit of biological classification, classification and a taxonomic rank of an ...
mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough to not be judged copies of Disney's. Note additionally that Mickey Mouse is not copyrighted because characters cannot be copyrighted; rather, ''
Steamboat Willie ''Steamboat Willie'' is a 1928 American animated short film directed by Walt Disney and Ub Iwerks. It was produced in black and white by Walt Disney Animation Studios, Walt Disney Studios and was released by Celebrity Productions. The cartoon ...
'' is copyrighted and Mickey Mouse, as a character in that copyrighted work, is afforded protection.


Originality

Typically, a work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shorth ...

United Kingdom
there has to be some "skill, labour, and judgment" that has gone into it. In
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

Australia
and the United Kingdom it has been held that a single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also r ...

trademark
instead. Copyright law recognizes the right of an author based on whether the work actually is an original creation, rather than based on whether it is unique; two authors may own copyright on two substantially identical works, if it is determined that the duplication was coincidental, and neither was copied from the other.


Registration

In all countries where the
Berne Convention The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886. The Berne Convention form ...
standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights. However, while registration is not needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as ''
prima facie ''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('f ...
'' evidence of a valid copyright and enables the copyright holder to seek
statutory damages Statutory damages are a damage Damage is any change in a thing, often a physical object, that degrades it away from its initial state. It can broadly be defined as "changes introduced into a system that adversely affect its current or future perfor ...
and attorney's fees. (In the US, registering after an infringement only enables one to receive actual damages and lost profits.) A widely circulated strategy to avoid the cost of copyright registration is referred to as the poor man's copyright. It proposes that the creator send the work to himself in a sealed envelope by registered mail, using the
postmark A postmark is a postal marking made on an envelope, parcel, postcard or the like, indicating the place, date and time that the item was delivered into the care of a postal service, or sometimes indicating where and when received or in transit. M ...

postmark
to establish the date. This technique has not been recognized in any published opinions of the United States courts. The
United States Copyright Office The United States Copyright Office (sometimes abbreviated USCO), a part of the Library of Congress The Library of Congress (LC) is the research library A library is a curated collection of sources of information and similar resou ...
says the technique is not a substitute for actual registration. The
United Kingdom Intellectual Property Office The Intellectual Property Office of the United Kingdom (often referred to as the UK IPO) is, since 2 April 2007, the operating name of The Patent Office. It is the official government body responsible for intellectual property Intellectual p ...
discusses the technique and notes that the technique (as well as commercial registries) does not constitute dispositive proof that the work is original or establish who created the work.


Fixing

The
Berne Convention The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886. The Berne Convention form ...

Berne Convention
allows member countries to decide whether creative works must be "fixed" to enjoy copyright. Article 2, Section 2 of the Berne Convention states: "It shall be a matter for legislation in the countries of the Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form." Some countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that most works must be "fixed in a tangible medium of expression" to obtain copyright protection.See Harvard Law School
''Module 3: The Scope of Copyright Law''
See also Tyler T. Ochoa
''Copyright, Derivative Works and Fixation: Is Galoob a Mirage, or Does the Form(GEN) of the Alleged Derivative Work Matter?''
20 L.J. 991, 999–1002 (2003) ("Thus, both the text of the Act and its legislative history demonstrate that Congress intended that a derivative work does not need to be fixed in order to infringe."). The legislative history of the 1976 Copyright Act says this difference was intended to address transitory works such as ballets, pantomimes, improvised performances, dumb shows, mime performances, and dancing.
US law requires that the fixation be stable and permanent enough to be "perceived, reproduced or communicated for a period of more than transitory duration". Similarly, Canadian courts consider fixation to require that the work be "expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance". Note this provision of US law: ''c) Effect of Berne Convention.—No right or interest in a work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto.''


Copyright notice

Before 1989, United States law required the use of a copyright notice, consisting of the
copyright symbol The copyright symbol, or copyright sign, (a circled capital letter C for copyright Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The c ...

copyright symbol
(©, the letter C inside a circle), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder. Several years may be noted if the work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a
sound recording copyright symbol The sound recording copyright symbol or phonogram symbol, represented by the graphic symbol , is the copyright symbol used to provide notice of copyright in a sound recording (phonogram) embodied in a phonorecord (LP record, LPs, Tape recorder, ...
(℗, the letter P inside a circle), which indicates a sound recording copyright, with the letter P indicating a " phonorecord". In addition, the phrase ''
All rights reserved "All rights reserved" is a copyright formality indicating that the copyright holder ''reserves'', or holds for its own use, all the rights provided by copyright law Copyright is a type of intellectual property that gives its owner the exclu ...

All rights reserved
'' was once required to assert copyright, but that phrase is now legally obsolete. Almost everything on the Internet has some sort of copyright attached to it. Whether these things are watermarked, signed, or have any other sort of indication of the copyright is a different story however. In 1989 the United States enacted the Berne Convention Implementation Act, amending the 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit – using notices of this form may reduce the likelihood of a defense of "innocent infringement" being successful.


Enforcement

Copyrights are generally enforced by the holder in a
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
court, but there are also criminal infringement statutes in some jurisdictions. While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily
prove Proof may refer to: * Proof (truth), argument or sufficient evidence for the truth of a proposition * Alcohol proof, a measure of an alcoholic drink's strength Formal sciences * Formal proof, a construct in proof theory * Mathematical proof, a co ...
that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as the
RIAA The Recording Industry Association of America (RIAA) is a trade organization A trade association, also known as an industry trade group, business association, sector association or industry body, is an organization founded and funded by busi ...
are increasingly targeting the
file sharing File sharing is the practice of distributing or providing access to digital media Digital media means any media (communication), media that are encoded in Machine-readable data, machine-readable formats. Digital media can be created, viewed, di ...
home Internet user. Thus far, however, most such cases against file sharers have been settled out of court. (''See
Legal aspects of file sharing File sharing is the practice of Digital distribution, distributing or providing access to digital media, such as computer programs, multimedia (audios, photos and/or videos), program files, documents or E-book, electronic books/magazines. It invo ...
'') In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative or court costs. In light of this, many copyright disputes are settled by a direct approach to the infringing party in order to settle the dispute out of court. "...by 1978, the scope was expanded to apply to any 'expression' that has been 'fixed' in any medium, this protection granted automatically whether the maker wants it or not, no registration required."


Copyright infringement

For a work to be considered to infringe upon copyright, its use must have occurred in a nation that has domestic copyright laws or adheres to a bilateral treaty or established international convention such as the
Berne Convention The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886. The Berne Convention form ...
or
WIPO Copyright Treaty The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty A treaty is a formal legally binding written agreement between actors in international law. It is usually entered into by ...
. Improper use of materials outside of legislation is deemed "unauthorized edition", not copyright infringement. Statistics regarding the effects of copyright infringement are difficult to determine. Studies have attempted to determine whether there is a monetary loss for industries affected by copyright infringement by predicting what portion of pirated works would have been formally purchased if they had not been freely available. Other reports indicate that copyright infringement does not have an adverse effect on the entertainment industry, and can have a positive effect. In particular, a 2014 university study concluded that free music content, accessed on
YouTube YouTube is an American online video sharing and social media platform Social media are interactive technologies that allow the Content creation, creation or information sharing, sharing/exchange of information, ideas, career interests, an ...

YouTube
, does not necessarily hurt sales, instead has the potential to increase sales. According to the IP Commission Report the annual cost of intellectual property theft to the US economy "continues to exceed $225 billion in counterfeit goods, pirated software, and theft of trade secrets and could be as high as $600 billion." A 2019 study sponsored by the US Chamber of Commerce Global Innovation Policy Center (GIPC), in partnership with NERA Economic Consulting "estimates that global online piracy costs the U.S. economy at least $29.2 billion in lost revenue each year." An August 2021 report by the Digital Citizens Alliance states that "online criminals who offer stolen movies, TV shows, games, and live events through websites and apps are reaping $1.34 billion in annual advertising revenues." This comes as a result of users visiting pirate websites who are then subjected to pirated content, malware, and fraud.


Rights granted

According to World Intellectual Property Organization, World Intellectual Property Organisation, copyright protects two types of rights. Economic rights allow right owners to derive financial reward from the use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights or those rights may be transferred to one or more copyright owners. Many countries do not allow the transfer of moral rights.


Economic rights

With any kind of property, its owner may decide how it is to be used, and others can use it lawfully only if they have the owner's permission, often through a license. The owner's use of the property must, however, respect the legally recognised rights and interests of other members of society. So the owner of a copyright-protected work may decide how to use the work, and may prevent others from using it without permission. National laws usually grant copyright owners exclusive rights to allow third parties to use their works, subject to the legally recognised rights and interests of others. Most copyright laws state that authors or other right owners have the right to authorise or prevent certain acts in relation to a work. Right owners can authorise or prohibit: * reproduction of the work in various forms, such as printed publications or sound recordings; * distribution of copies of the work; * public performance of the work; * broadcasting or other communication of the work to the public; * translation of the work into other languages; and * adaptation of the work, such as turning a novel into a screenplay.


Moral rights

Moral rights are concerned with the non-economic rights of a creator. They protect the creator's connection with a work as well as the integrity of the work. Moral rights are only accorded to individual authors and in many national laws they remain with the authors even after the authors have transferred their economic rights. In some EU countries, such as France, moral rights last indefinitely. In the UK, however, moral rights are finite. That is, the right of attribution and the right of integrity last only as long as the work is in copyright. When the copyright term comes to an end, so too do the moral rights in that work. This is just one reason why the moral rights regime within the UK is often regarded as weaker or inferior to the protection of moral rights in continental Europe and elsewhere in the world. The Berne Convention, in Article 6bis, requires its members to grant authors the following rights: # the right to claim authorship of a work (sometimes called the right of paternity or the right of attribution); and # the right to object to any distortion or modification of a work, or other derogatory action in relation to a work, which would be prejudicial to the author's honour or reputation (sometimes called the right of integrity). These and other similar rights granted in national laws are generally known as the moral rights of authors. The Berne Convention requires these rights to be independent of authors’ economic rights. Moral rights are only accorded to individual authors and in many national laws they remain with the authors even after the authors have transferred their economic rights. This means that even where, for example, a film producer or publisher owns the economic rights in a work, in many jurisdictions the individual author continues to have moral rights. Recently, as a part of the debates being held at the US Copyright Office on the question of inclusion of Moral Rights as a part of the framework of the Copyright law of the United States, Copyright Law in United States, the Copyright Office concluded that many diverse aspects of the current moral rights patchwork – including copyright law's derivative work right, state moral rights statutes, and contract law – are generally working well and should not be changed. Further, the Office concludes that there is no need for the creation of a blanket moral rights statute at this time. However, there are aspects of the US moral rights patchwork that could be improved to the benefit of individual authors and the copyright system as a whole. The Copyright law of the United States, Copyright Law in the United States, several exclusive rights are granted to the holder of a copyright, as are listed below: * protection of the work; * to determine and decide how, and under what conditions, the work may be marketed, publicly displayed, reproduced, distributed, etc. * to produce copies or reproductions of the work and to sell those copies; (including, typically, electronic copies) * to import or export the work; * to create
derivative work In copyright law Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical ...
s; (works that adapt the original work) * to perform or display the work publicly; * to sell or cede these rights to others; * to transmit or display by radio, video or internet. The basic right when a work is protected by copyright is that the holder may determine and decide how and under what conditions the protected work may be used by others. This includes the right to decide to distribute the work for free. This part of copyright is often overseen. The phrase "exclusive right" means that only the copyright holder is free to exercise those rights, and others are prohibited from using the work without the holder's permission. Copyright is sometimes called a "negative right", as it serves to prohibit certain people (e.g., readers, viewers, or listeners, and primarily publishers and would be publishers) from doing something they would otherwise be able to do, rather than permitting people (e.g., authors) to do something they would otherwise be unable to do. In this way it is similar to the unregistered design right in
English law English law is the common law List of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
and European law. The rights of the copyright holder also permit him/her to not use or exploit their copyright, for some or all of the term. There is, however, a critique which rejects this assertion as being based on a Philosophy of copyphilosophical interpretation of copyright law that is not universally shared. There is also debate on whether copyright should be considered a property right or a Moral rights (copyright law), moral right. UK copyright law gives creators both economic rights and moral rights. While ‘copying’ someone else's work without permission may constitute an infringement of their economic rights, that is, the reproduction right or the right of communication to the public, whereas, ‘mutilating’ it might infringe the creator's moral rights. In the UK, moral rights include the right to be identified as the author of the work, which is generally identified as the right of attribution, and the right not to have your work subjected to ‘derogatory treatment’, that is the right of integrity. Copyright law of India, Indian copyright law is at parity with the international standards as contained in TRIPS Agreement, TRIPS. The Indian Copyright Act, 1957, pursuant to the amendments in 1999, 2002 and 2012, fully reflects the Berne Convention and the Universal Copyrights Convention, to which India is a party. India is also a party to the Geneva Phonograms Convention, Geneva Convention for the Protection of Rights of Producers of Phonograms and is an active member of the
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; french: Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations The United Nations (UN) is an intergovernmental orga ...
(WIPO) and UNESCO, United Nations Educational, Scientific and Cultural Organization (UNESCO). The Indian system provides both the economic and moral rights under different provisions of its Indian Copyright Act of 1957.


Duration

Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition, novel), whether the work has been Publication, published, and whether the work was created by an individual or a corporation. In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years. In the United States, the term for most existing works is a fixed number of years after the date of creation or publication. Under most countries' laws (for example, the United States and the United Kingdom), copyrights expire at the end of the calendar year in which they would otherwise expire. The length and requirements for copyright duration are subject to change by legislation, and since the early 20th century there have been a number of adjustments made in various countries, which can make determining the duration of a given copyright somewhat difficult. For example, the United States used to require copyrights to be Copyright renewal in the United States, renewed after 28 years to stay in force, and formerly required a copyright notice upon first publication to gain coverage. In Italy and France, there were post-wartime extensions that could increase the term by approximately 6 years in Italy and up to about 14 in France. Many countries have extended the length of their copyright terms (sometimes retroactively). International treaties establish minimum terms for copyrights, but individual countries may enforce longer terms than those. In the United States, all books and other works, except for sound recordings, published before 1926 have expired copyrights and are in the public domain. The applicable date for sound recordings in the United States is before 1923. In addition, works published before 1964 that did not have their copyrights renewed 28 years after first publication year also are in the public domain. Hirtle points out that the great majority of these works (including 93% of the books) were not renewed after 28 years and are in the public domain. Books originally published outside the US by non-Americans are exempt from this renewal requirement, if they are still under copyright in their home country. But if the intended exploitation of the work includes publication (or distribution of derivative work, such as a film based on a book protected by copyright) outside the US, the terms of copyright around the world must be considered. If the author has been dead more than 70 years, the work is in the public domain in most, but not all, countries. In 1998, the length of a copyright in the United States was increased by 20 years under the Copyright Term Extension Act. This legislation was strongly promoted by corporations which had valuable copyrights which otherwise would have expired, and has been the subject of substantial criticism on this point.


Limitations and exceptions

In many jurisdictions, copyright law makes exceptions to these restrictions when the work is copied for the purpose of commentary or other related uses. United States copyright law does not cover names, titles, short phrases or listings (such as ingredients, recipes, labels, or formulas). However, there are protections available for those areas copyright does not cover, such as
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also r ...

trademark
s and patents.


Idea–expression dichotomy and the merger doctrine

The idea–expression divide differentiates between ideas and expression, and states that copyright protects only the original expression of ideas, and not the ideas themselves. This principle, first clarified in the 1879 case of ''Baker v. Selden'', has since been codified by the Copyright Act of 1976 at 17 U.S.C. § 102(b).


The first-sale doctrine and exhaustion of rights

Copyright law does not restrict the owner of a copy from reselling legitimately obtained copies of copyrighted works, provided that those copies were originally produced by or with the permission of the copyright holder. It is therefore legal, for example, to resell a copyrighted book or compact disc, CD. In the United States this is known as the first-sale doctrine, and was established by the courts to clarify the legality of reselling books in second-hand bookstores. Some countries may have parallel importation restrictions that allow the copyright holder to control the aftermarket (merchandise), aftermarket. This may mean for example that a copy of a book that does not infringe copyright in the country where it was printed does infringe copyright in a country into which it is imported for retailing. The first-sale doctrine is known as exhaustion of rights in other countries and is a principle which also applies, though somewhat differently, to patent and
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property Intellectual property (IP) is a category of property Property is a system of rights that gives people legal control of valuable things, and also r ...

trademark
rights. It is important to note that the first-sale doctrine permits the transfer of the particular legitimate copy involved. It does not permit making or distributing additional copies. In ''Kirtsaeng v. John Wiley & Sons, Inc.'', in 2013, the United States Supreme Court held in a 6–3 decision that the first-sale doctrine applies to goods manufactured abroad with the copyright owner's permission and then imported into the US without such permission. The case involved a plaintiff who imported Asian editions of textbooks that had been manufactured abroad with the publisher-plaintiff's permission. The defendant, without permission from the publisher, imported the textbooks and resold on eBay. The Supreme Court's holding severely limits the ability of copyright holders to prevent such importation. In addition, copyright, in most cases, does not prohibit one from acts such as modifying, defacing, or destroying his or her own legitimately obtained copy of a copyrighted work, so long as duplication is not involved. However, in countries that implement Moral rights (copyright law), moral rights, a copyright holder can in some cases successfully prevent the mutilation or destruction of a work that is publicly visible.


Fair use and fair dealing

Copyright does not prohibit all copying or replication. In the United States, the
fair use Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the ...
doctrine, codified by the United States Copyright Act of 1976, Copyright Act of 1976 as 17 U.S.C. Section 107, permits some copying and distribution without permission of the copyright holder or payment to same. The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. Those factors are: # the purpose and character of one's use; # the nature of the copyrighted work; # what amount and proportion of the whole work was taken; # the effect of the use upon the potential market for or value of the copyrighted work. In the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shorth ...

United Kingdom
and many other Commonwealth of Nations, Commonwealth countries, a similar notion of fair dealing was established by the courts or through legislation. The concept is sometimes not well defined; however in Canada, private copying for personal use has been expressly permitted by statute since 1999. In ''Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright)'', 2012 SCC 37, the Supreme Court of Canada concluded that limited copying for educational purposes could also be justified under the fair dealing exemption. In Australia, the fair dealing exceptions under the Copyright Act 1968 (Cth) are a limited set of circumstances under which copyrighted material can be legally copied or adapted without the copyright holder's consent. Fair dealing uses are research and study; review and critique; news reportage and the giving of professional advice (i.e. legal advice). Under current Law of Australia, Australian law, although it is still a breach of copyright to copy, reproduce or adapt copyright material for personal or private use without permission from the copyright owner, owners of a legitimate copy are permitted to "format shift" that work from one medium to another for personal, private use, or to "time shift" a broadcast work for later, once and only once, viewing or listening. Other technical exemptions from infringement may also apply, such as the temporary reproduction of a work in machine readable form for a computer. In the United States the AHRA (Audio Home Recording Act Codified in Section 10, 1992) prohibits action against consumers making noncommercial recordings of music, in return for royalties on both media and devices plus mandatory copy-control mechanisms on recorders. Later acts amended US Copyright law so that for certain purposes making 10 copies or more is construed to be commercial, but there is no general rule permitting such copying. Indeed, making one complete copy of a work, or in many cases using a portion of it, for commercial purposes will not be considered fair use. The Digital Millennium Copyright Act prohibits the manufacture, importation, or distribution of devices whose intended use, or only significant commercial use, is to bypass an access or copy control put in place by a copyright owner. An appellate court has held that fair use is not a defense to engaging in such distribution. Copyright law of the European Union, EU copyright laws recognise the right of EU member states to implement some national exceptions to copyright. Examples of those exceptions are: * photographic reproductions on paper or any similar medium of works (excluding sheet music) provided that the rightholders receives fair compensation; * reproduction made by libraries, educational establishments, museums or archives, which are non-commercial; * archival reproductions of broadcasts; * uses for the benefit of people with a disability; * for demonstration or repair of equipment; * for non-commercial research or private study; * when used in parody.


Accessible copies

It is legal in several countries including the United Kingdom and the United States to produce alternative versions (for example, in large print or braille) of a copyrighted work to provide improved access to a work for blind and visually impaired people without permission from the copyright holder.


Religious Service Exemption

In the US there is a Religious Service Exemption (1976 law, section 110[3]), namely "performance of a non-dramatic literary or musical work or of a dramatico-musical work of a religious nature or display of a work, in the course of services at a place of worship or other religious assembly" shall not constitute infringement of copyright.


Transfer, assignment and licensing

A copyright, or aspects of it (e.g. reproduction alone, all but moral rights), may be assigned or transferred from one party to another. For example, a musician who records an album will often sign an agreement with a record company in which the musician agrees to transfer all copyright in the recordings in exchange for royalties and other considerations. The creator (and original copyright holder) benefits, or expects to, from production and marketing capabilities far beyond those of the author. In the digital age of music, music may be copied and distributed at minimal cost through the Internet; however, the record industry attempts to provide promotion and marketing for the artist and their work so it can reach a much larger audience. A copyright holder need not transfer all rights completely, though many publishers will insist. Some of the rights may be transferred, or else the copyright holder may grant another party a non-exclusive license to copy or distribute the work in a particular region or for a specified period of time. A transfer or licence may have to meet particular formal requirements in order to be effective, for example under the Australian Copyright law of Australia#Copyright Act 1968, Copyright Act 1968 the copyright itself must be expressly transferred in writing. Under the US Copyright Act, a transfer of ownership in copyright must be memorialized in a writing signed by the transferor. For that purpose, ownership in copyright includes exclusive licenses of rights. Thus exclusive licenses, to be effective, must be granted in a written instrument signed by the grantor. No special form of transfer or grant is required. A simple document that identifies the work involved and the rights being granted is sufficient. Non-exclusive grants (often called non-exclusive licenses) need not be in writing under Law of the United States, US law. They can be oral or even implied by the behavior of the parties. Transfers of copyright ownership, including exclusive licenses, may and should be recorded in the U.S. Copyright Office. (Information on recording transfers is available on the Office's web site.) While recording is not required to make the grant effective, it offers important benefits, much like those obtained by recording a deed in a real estate transaction. Copyright may also be licensed. Some jurisdictions may provide that certain classes of copyrighted works be made available under a prescribed statutory license (e.g. musical works in the United States used for radio broadcast or performance). This is also called a compulsory license, because under this scheme, anyone who wishes to copy a covered work does not need the permission of the copyright holder, but instead merely files the proper notice and pays a set fee established by statute (or by an agency decision under statutory guidance) for every copy made. Failure to follow the proper procedures would place the copier at risk of an infringement suit. Because of the difficulty of following every individual work, copyright collectives or collecting societies and performance rights organisation, performing rights organizations (such as ASCAP, Broadcast Music Incorporated, BMI, and SESAC) have been formed to collect royalties for hundreds (thousands and more) works at once. Though this market solution bypasses the statutory license, the availability of the statutory fee still helps dictate the price per work collective rights organizations charge, driving it down to what avoidance of procedural hassle would justify.


Free licenses

Copyright licenses known as ''open'' or free licenses seek to grant several rights to licensees, either for a fee or not. ''Free'' in this context is not as much of a reference to price as it is to freedom. What constitutes free licensing has been characterised in a number of similar definitions, including by order of longevity the Free Software Definition, the Debian Free Software Guidelines, the Open Source Definition and the Definition of Free Cultural Works. Further refinements to these definitions have resulted in categories such as copyleft and permissive license, permissive. Common examples of free licences are the GNU General Public License, BSD licenses and some Creative Commons licenses. Founded in 2001 by James Boyle (academic), James Boyle, Lawrence Lessig, and Hal Abelson, the Creative Commons (CC) is a non-profit organization which aims to facilitate the legal sharing of creative works. To this end, the organization provides a number of generic copyright license options to the public, gratis versus libre, gratis. These licenses allow copyright holders to define conditions under which others may use a work and to specify what types of use are acceptable. Terms of use have traditionally been negotiated on an individual basis between copyright holder and potential licensee. Therefore, a general CC license outlining which rights the copyright holder is willing to waive enables the general public to use such works more freely. Six general types of CC licenses are available (although some of them are not properly free per the above definitions and per Creative Commons' own advice). These are based upon copyright-holder stipulations such as whether he or she is willing to allow modifications to the work, whether he or she permits the creation of derivative works and whether he or she is willing to permit commercial use of the work.Rubin, R. E. (2010) 'Foundations of Library and Information Science: Third Edition', Neal-Schuman Publishers, Inc., New York, p. 341 approximately 130 million individuals had received such licenses.


Criticism

Some sources are critical of particular aspects of the copyright system. This is known as a debate over copynorms. Particularly to the background of uploading content to internet platforms and the digital exchange of original work, there is discussion about the copyright aspects of downloading and streaming, the copyright aspects of hyperlinking and framing. Concerns are often couched in the language of digital rights, digital freedom, database rights, open data or censorship. Discussions include ''Free Culture (book), Free Culture'', a 2004 book by Lawrence Lessig. Lessig coined the term permission culture to describe a worst-case system. ''Good Copy Bad Copy'' (documentary) and RiP!: A Remix Manifesto, discuss copyright. Some suggest an alternative compensation system. In Europe consumers are acting up against the raising costs of music, film and books, and as a result Pirate Party, Pirate Parties have been created. Some groups reject copyright altogether, taking an anti-copyright stance. The perceived inability to enforce copyright online leads some to advocate Crypto-anarchism, ignoring legal statutes when on the web.


Public domain

Copyright, like other intellectual property rights, is subject to a statutorily determined term. Once the term of a copyright has expired, the formerly copyrighted work enters the public domain and may be used or exploited by anyone without obtaining permission, and normally without payment. However, in paying public domain regimes the user may still have to pay royalties to the state or to an authors' association. Courts in common law countries, such as the United States and the United Kingdom, have rejected the doctrine of a common law copyright. Public domain works should not be confused with works that are publicly available. Works posted in the internet, for example, are publicly available, but are not generally in the public domain. Copying such works may therefore violate the author's copyright.


See also

* Adelphi Charter * Artificial scarcity * Authors' rights and related rights, roughly equivalent concepts in civil law (legal system), civil law countries * Conflict of laws * Copyleft * Copyright Alliance * Copyright in architecture in the United States * Copyright on the content of patents and in the context of patent prosecution * Copyright for Creativity * Directive on Copyright in the Digital Single Market (European Union) * Copyright infringement * Copyright on religious works * Copyright Remedy Clarification Act (CRCA) * Digital rights management * Digital watermarking * Entertainment law * Freedom of panorama * Information literacies * Intellectual property protection of typefaces * List of Copyright Acts * List of copyright case law * Literary property * Model release * Criticism of copyright * Paracopyright * Photography and the law * Pirate Party * Printing patent, a precursor to copyright * Private copying levy * Production music * Rent-seeking * Reproduction fees * Samizdat * Software copyright * Threshold pledge system * World Book Day, World Book and Copyright Day


References


Further reading

* * Ellis, Sara R. ''Copyrighting Couture: An Examination of Fashion Design Protection and Why the DPPA and IDPPPA are a Step Towards the Solution to Counterfeit Chic'', 78 Tenn. L. Rev. 163 (2010), ''available at'
Copyrighting Couture: An Examination of Fashion Design Protection and Why the DPPA and IDPPPA are a Step Towards the Solution to Counterfeit Chic
* Shuman Ghosemajumder, Ghosemajumder, Shuman.
Advanced Peer-Based Technology Business Models
'. MIT Sloan School of Management, 2002. * Bruce Lehman, Lehman, Bruce:
Intellectual Property and the National Information Infrastructure
' (Report of the Working Group on Intellectual Property Rights, 1995) * Lindsey, Marc: ''Copyright Law on Campus.'' Washington State University Press, 2003. . * Mazzone, Jason. ''Copyfraud''
SSRN
* McDonagh, Luke. ''Is Creative use of Musical Works without a licence acceptable under Copyright?'' International Review of Intellectual Property and Competition Law (IIC) 4 (2012) 401–426, available a
SSRN
* * * Rife, by Martine Courant. ''Convention, Copyright, and Digital Writing'' (Southern Illinois University Press; 2013) 222 pages; Examines legal, pedagogical, and other aspects of online authorship. * * Shipley, David E.
Thin But Not Anorexic: Copyright Protection for Compilations and Other Fact Works
UGA Legal Studies Research Paper No. 08-001; ''Journal of Intellectual Property Law'', Vol. 15, No. 1, 2007. * Silverthorne, Sean.
Music Downloads: Pirates- or Customers?
'. Harvard Business School Working Knowledge, 2004. * Sorce Keller, Marcello. "Originality, Authenticity and Copyright", ''Sonus'', VII(2007), no. 2, pp. 77–85. * * * *Rose, M. (1993), Authors and Owners: The Invention of Copyright, London: Harvard University Press *Loewenstein, J. (2002), The Author's Due: Printing and the Prehistory of Copyright, London: University of Chicago Press. *


External links

* A simplified guide. *
WIPOLex
from WIPO; global database of treaties and statutes relating to intellectual property
Copyright Berne Convention: Country List
List of the 164 members of the Berne Convention for the protection of literary and artistic works
Copyright and State Sovereign Immunity
U.S. Copyright Office
The Multi-Billion-Dollar Piracy Industry with Tom Galvin of Digital Citizens Alliance
The Illusion of More Podcast * Education *
Copyright Cortex
*
A Bibliography on the Origins of Copyright and Droit d'Auteur
*
MIT OpenCourseWare 6.912 Introduction to Copyright Law
Free self-study course with video lectures as offered during the January 2006, Independent Activities Period (IAP) * USA *
Copyright Law of the United States Documents
US Government *
Compendium of Copyright Practices
(3rd ed.)
United States Copyright Office The United States Copyright Office (sometimes abbreviated USCO), a part of the Library of Congress The Library of Congress (LC) is the research library A library is a curated collection of sources of information and similar resou ...
*
Copyright
from ''UCB Libraries GovPubs'' *

From th
Rare Book and Special Collections Division at the Library of Congress
* UK *
Copyright: Detailed information
at the UK Intellectual Property Office *
Fact sheet P-01: UK copyright law
(Issued April 2000, amended 25 November 2020) at the UK Copyright Service {{Authority control Copyright law, Data management Intellectual property law Monopoly (economics) Product management Public records Intangible assets