An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
This document summarizes copyright infringement under Indian law. It defines infringement as breaking copyright law, which causes economic loss to copyright owners. Direct copying, indirect copying, and substantial copying can all constitute infringement. The principles of determining infringement include conscious, unconscious, and subconscious copying. Several court cases dealing with copyright infringement in movies, songs, and books are summarized. Exceptions to infringement and the doctrine of fair dealing are explained. Finally, civil and criminal remedies for copyright infringement are outlined.
A presentation on Copyright & Copyright InfringementAnand Prabhudesai
This document discusses copyright law in India. It explains that copyright protects original creative works and gives the creator the exclusive right to copy and distribute their work. The Copyright Act of 1957, which has been amended several times, governs copyright in India. It provides protection for literary, dramatic, musical and artistic works, films, and more recently, computer programs and digital content. Copyright arises automatically when a work is created and can last for the creator's lifetime plus 60 years. Infringement of copyright can result in civil and criminal penalties. The document outlines the scope of copyright protection as well as exceptions and exemptions to copyright law.
Copyright is a legal right that protects original creative works. It grants creators exclusive rights over the reproduction and use of their work. The purpose of copyright is to incentivize creative production, preserve the integrity of works, and establish rules for economic exploitation. Copyright applies automatically to original works but expires typically 70 years after the creator's death, allowing works to enter the public domain where they can be used freely. Exceptions and limitations to copyright allow limited use of copyrighted works for purposes like education or criticism.
This document discusses copyright law and the concept of fair use. It provides an overview of basics of copyright, exceptions to copyright including fair use, and analyzes factors considered in a fair use determination. It also discusses fair use under Indian law and summarizes two relevant copyright infringement cases from Indian courts dealing with fair use and parody.
INTRODUCTION TO COPYRIGHT IN INDIA.pptxssuser87928e
The Copyright Act of 1957 was India’s first copyright law following independence, and six amendments have been made since then. The Copyright (Amendment) Act 2012, which was passed in 2012, was the most recent amendment.
With more and more creative aspirants coming up in market, making ones work exclusive have become need of hour. IPR brief information will give readers an idea to how to tackle infringements.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
This document summarizes copyright infringement under Indian law. It defines infringement as breaking copyright law, which causes economic loss to copyright owners. Direct copying, indirect copying, and substantial copying can all constitute infringement. The principles of determining infringement include conscious, unconscious, and subconscious copying. Several court cases dealing with copyright infringement in movies, songs, and books are summarized. Exceptions to infringement and the doctrine of fair dealing are explained. Finally, civil and criminal remedies for copyright infringement are outlined.
A presentation on Copyright & Copyright InfringementAnand Prabhudesai
This document discusses copyright law in India. It explains that copyright protects original creative works and gives the creator the exclusive right to copy and distribute their work. The Copyright Act of 1957, which has been amended several times, governs copyright in India. It provides protection for literary, dramatic, musical and artistic works, films, and more recently, computer programs and digital content. Copyright arises automatically when a work is created and can last for the creator's lifetime plus 60 years. Infringement of copyright can result in civil and criminal penalties. The document outlines the scope of copyright protection as well as exceptions and exemptions to copyright law.
Copyright is a legal right that protects original creative works. It grants creators exclusive rights over the reproduction and use of their work. The purpose of copyright is to incentivize creative production, preserve the integrity of works, and establish rules for economic exploitation. Copyright applies automatically to original works but expires typically 70 years after the creator's death, allowing works to enter the public domain where they can be used freely. Exceptions and limitations to copyright allow limited use of copyrighted works for purposes like education or criticism.
This document discusses copyright law and the concept of fair use. It provides an overview of basics of copyright, exceptions to copyright including fair use, and analyzes factors considered in a fair use determination. It also discusses fair use under Indian law and summarizes two relevant copyright infringement cases from Indian courts dealing with fair use and parody.
INTRODUCTION TO COPYRIGHT IN INDIA.pptxssuser87928e
The Copyright Act of 1957 was India’s first copyright law following independence, and six amendments have been made since then. The Copyright (Amendment) Act 2012, which was passed in 2012, was the most recent amendment.
With more and more creative aspirants coming up in market, making ones work exclusive have become need of hour. IPR brief information will give readers an idea to how to tackle infringements.
This document provides an introduction to copyright law in India. It discusses that copyright law was first introduced in India in 1914 and is now governed by the Copyright Act of 1957. The act protects original literary, dramatic, musical and artistic works. Infringement occurs when someone exercises the rights of the copyright owner without permission, such as by distributing or copying a work. The document concludes with a case study of Apple v Samsung, where Apple sued Samsung for copying the iPhone and was awarded $1 billion for patent infringement.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Chapter 8 – Intellectual Property and Unfair CompetitionUAF_BA330
This document provides an overview of intellectual property and unfair competition law. It discusses different types of intellectual property including patents, trademarks, copyrights, and trade secrets. It covers topics like infringement, fair use, exceptions, and international law. Key cases are summarized, including MGM v. Grokster on contributory copyright infringement. Commercial torts like injurious falsehood and intentional interference are also addressed. The document concludes with sample test questions to assess understanding.
Copyright protects original creative works such as literature, music, films, and artwork. It gives the creator exclusive rights over the use of their work, including reproduction and adaptation. Copyright applies to works fixed in a tangible form of expression. The key rights include reproduction, adaptation, publication, performance, and translation. India's copyright law aims to balance the rights of creators with public interests like access and fair use through exceptions like fair dealing.
This document summarizes a presentation on copyright in India. It discusses the history and evolution of copyright law in England, the US, and India. The key points of the Indian Copyright Act of 1957 are outlined, including rights over literary, dramatic, musical and artistic works. The presentation also uses a case study of T-Series and the Indian music industry to illustrate the problem of music piracy in India during the late 20th century. It describes how T-Series was initially involved in illegal copying but later transitioned to producing legal "cover versions" of popular songs.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
An overview of the basics of US copyright fair use for entrepreneurs, business people, and creative professionals. "What Is Fair Use?" includes the following:
A brief review of copyright.
Copyright law vs. the First Amendment.
How do you "claim" Fair Use?
The Four Factors of Fair Use.
Important Fair Use Cases.
The future of Fair Use.
For more information, please go to LizerbramLaw.com
This document provides an overview of copyright law, including what is and is not protected by copyright, who owns copyright, how long copyright lasts, limitations on copyright through fair use and works in the public domain, and differences between plagiarism and copyright infringement. Key points covered include:
- Copyright automatically protects original creative works upon creation without registration.
- Fair use allows limited use of copyrighted works for purposes such as commentary without permission.
- Works in the public domain are no longer protected by copyright and can be used freely.
- While plagiarism concerns ideas, copyright protects fixed expressions of ideas through legal restrictions and permissions.
Copyright law protects original creative works such as literature, art, music, films, and software. It grants creators exclusive rights over their work, usually for a limited time, including rights to copy, distribute, adapt, and financially profit from the work. Fair use allows limited use of copyrighted works for purposes like criticism, commentary, news reporting, teaching, and research. Infringing on a copyright can result in fines of up to $150,000 per work. Works enter the public domain when copyright expires or if created by the US government. To register a copyright, submit an application, fee, and copies of the work to the US Copyright Office.
The document provides an overview of copyright law in India. It defines copyright and discusses the types of works protected under copyright, including literary works, dramatic works, musical works, artistic works, films, and computer programs. It outlines ownership rights and exceptions to copyright. Remedies for infringement include administrative, civil and criminal penalties. The term of copyright is usually the lifetime of the author plus 60 years. Registration is not required but provides evidence of ownership. Infringement involves unauthorized reproduction or use of a copyrighted work without permission.
This document provides an overview of copyright as an intellectual property right under the TRIPS agreement. It discusses the history of copyright law in India, key concepts like copyright, related rights, infringement and remedies. It compares differences between Indian and Brazilian copyright law and covers topics like copyleft, statistical data, and case studies on copyright infringement cases in India.
This document defines trademarks and discusses trademark infringement. It contains the following key points:
1. A trademark is a sign that distinguishes goods/services of one enterprise from another and can include words, names, slogans, symbols, and other identifiers.
2. Trademark infringement involves the unauthorized use of a trademark that is identical or deceptively similar to a registered trademark in a way that causes confusion.
3. Penalties for infringement include injunctions, damages, seizure of infringing goods, fines, and imprisonment for repeat offenders. Vicarious liability and contributory infringement are also discussed.
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
The document provides an overview of copyright law in India, including definitions and key cases. It discusses the following main points in 3 sentences:
Copyright law grants exclusive rights over the reproduction of original literary, dramatic, musical, artistic, cinematographic, sound recording, and computer program works. The subject matter of copyright includes original works such as books, plays, songs, paintings, films, sound recordings, and computer software. Key cases have established that copyright protection applies to works involving substantial labor or skill in their creation, such as street directories, examination papers, film concepts, and translations.
- Copyright law in India protects original creative works such as literature, art, music, films, and software. The creator of the work owns the copyright initially.
- Copyright covers expressions of ideas, not the ideas themselves. Works covered include books, songs, paintings, movies, and computer programs. The owner's exclusive rights include reproduction, adaptation, publication, performance, and more.
- Registration of a copyrighted work is not required but provides prima facie evidence in legal disputes. The Copyright Office facilitates registration and is headed by the Registrar of Copyrights. The Copyright Board adjudicates certain copyright cases.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
The document discusses various aspects of intellectual property rights (IPR) including what IPRs are, the nature of IPRs, constitutional aspects of IPRs in India, and provides examples of different types of IPRs such as patents, trademarks, industrial designs, copyright, and trade secrets. It also provides more detailed explanations of patents, industrial designs, and the registration process. The document is presented as part of a lecture on IPR by Dr. Gurumeet C Wadhawa.
The document presents information about copyright that was presented to Prof. Tanmay by Ajesh Patidar and others. It defines copyright as the legal right given to owners of works like books, movies, pictures, songs and websites to control how others use their work. The benefits of copyright registration include establishing public record of ownership and the ability to enforce copyright through lawsuits. Copyright protects the design of products while design rights protect the shape and configuration. Ownership of copyright can belong to the author, employer or others through transfer, and owners can allow certain public uses. Infringement occurs when an owner's exclusive rights are violated without authorization by duplicating a copyrighted work beyond exceptions.
The document discusses key aspects of copyright law in India. It states that copyright is a legal right given to creators of literary, dramatic, musical, artistic works and producers of films and sound recordings. It protects artistic, literary, musical, cinematographic and sound works. Copyright gives creators the exclusive rights to reproduce, publish, perform and adapt their works, as well as make translations. The author of a work owns the initial copyright, and it can be assigned to others in writing. The standard copyright term is 60 years from the death of the author or first publication for various categories of works.
The document discusses various aspects of intellectual property rights including patents, trademarks, copyright, and industrial designs. It provides details on what can be patented or copyrighted, ownership and duration of intellectual property rights, compulsory licensing, and infringement issues. The key types of intellectual property instruments covered are patents, trademarks, copyright, industrial designs, geographical indications, and domain names.
O documento discute a natureza humana e o propósito da existência. Segundo o autor, os seres humanos existem principalmente para transformar energia cósmica e permitir que a Terra funcione como um organismo vivo. No entanto, vivemos vidas miseráveis nessa busca, sofrendo para trabalhar e sustentar a economia natural.
Hargitai András (Banyek) egy Bassment buli estéjén bemutatja nektek analóg elektronikus hangszereit, amik az aznapi partyn is megszólalnak majd élőben. Megtekergetünk minden gépet a robosztus Vermona dobszintetizátortól a kis Moogig - elméletben és gyakorlatban is! Ugyanitt Banyek közös beszélgetésbe próbál keveredni veletek arról, hogy mit hívhatunk “élő” elektronikus zenének.
This document provides an introduction to copyright law in India. It discusses that copyright law was first introduced in India in 1914 and is now governed by the Copyright Act of 1957. The act protects original literary, dramatic, musical and artistic works. Infringement occurs when someone exercises the rights of the copyright owner without permission, such as by distributing or copying a work. The document concludes with a case study of Apple v Samsung, where Apple sued Samsung for copying the iPhone and was awarded $1 billion for patent infringement.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Chapter 8 – Intellectual Property and Unfair CompetitionUAF_BA330
This document provides an overview of intellectual property and unfair competition law. It discusses different types of intellectual property including patents, trademarks, copyrights, and trade secrets. It covers topics like infringement, fair use, exceptions, and international law. Key cases are summarized, including MGM v. Grokster on contributory copyright infringement. Commercial torts like injurious falsehood and intentional interference are also addressed. The document concludes with sample test questions to assess understanding.
Copyright protects original creative works such as literature, music, films, and artwork. It gives the creator exclusive rights over the use of their work, including reproduction and adaptation. Copyright applies to works fixed in a tangible form of expression. The key rights include reproduction, adaptation, publication, performance, and translation. India's copyright law aims to balance the rights of creators with public interests like access and fair use through exceptions like fair dealing.
This document summarizes a presentation on copyright in India. It discusses the history and evolution of copyright law in England, the US, and India. The key points of the Indian Copyright Act of 1957 are outlined, including rights over literary, dramatic, musical and artistic works. The presentation also uses a case study of T-Series and the Indian music industry to illustrate the problem of music piracy in India during the late 20th century. It describes how T-Series was initially involved in illegal copying but later transitioned to producing legal "cover versions" of popular songs.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
An overview of the basics of US copyright fair use for entrepreneurs, business people, and creative professionals. "What Is Fair Use?" includes the following:
A brief review of copyright.
Copyright law vs. the First Amendment.
How do you "claim" Fair Use?
The Four Factors of Fair Use.
Important Fair Use Cases.
The future of Fair Use.
For more information, please go to LizerbramLaw.com
This document provides an overview of copyright law, including what is and is not protected by copyright, who owns copyright, how long copyright lasts, limitations on copyright through fair use and works in the public domain, and differences between plagiarism and copyright infringement. Key points covered include:
- Copyright automatically protects original creative works upon creation without registration.
- Fair use allows limited use of copyrighted works for purposes such as commentary without permission.
- Works in the public domain are no longer protected by copyright and can be used freely.
- While plagiarism concerns ideas, copyright protects fixed expressions of ideas through legal restrictions and permissions.
Copyright law protects original creative works such as literature, art, music, films, and software. It grants creators exclusive rights over their work, usually for a limited time, including rights to copy, distribute, adapt, and financially profit from the work. Fair use allows limited use of copyrighted works for purposes like criticism, commentary, news reporting, teaching, and research. Infringing on a copyright can result in fines of up to $150,000 per work. Works enter the public domain when copyright expires or if created by the US government. To register a copyright, submit an application, fee, and copies of the work to the US Copyright Office.
The document provides an overview of copyright law in India. It defines copyright and discusses the types of works protected under copyright, including literary works, dramatic works, musical works, artistic works, films, and computer programs. It outlines ownership rights and exceptions to copyright. Remedies for infringement include administrative, civil and criminal penalties. The term of copyright is usually the lifetime of the author plus 60 years. Registration is not required but provides evidence of ownership. Infringement involves unauthorized reproduction or use of a copyrighted work without permission.
This document provides an overview of copyright as an intellectual property right under the TRIPS agreement. It discusses the history of copyright law in India, key concepts like copyright, related rights, infringement and remedies. It compares differences between Indian and Brazilian copyright law and covers topics like copyleft, statistical data, and case studies on copyright infringement cases in India.
This document defines trademarks and discusses trademark infringement. It contains the following key points:
1. A trademark is a sign that distinguishes goods/services of one enterprise from another and can include words, names, slogans, symbols, and other identifiers.
2. Trademark infringement involves the unauthorized use of a trademark that is identical or deceptively similar to a registered trademark in a way that causes confusion.
3. Penalties for infringement include injunctions, damages, seizure of infringing goods, fines, and imprisonment for repeat offenders. Vicarious liability and contributory infringement are also discussed.
The presentation deals with various aspects of the act of Copyright .
The presentation explains copyright, tenure of copyright, and the infringement of copyright.
The document provides an overview of copyright law in India, including definitions and key cases. It discusses the following main points in 3 sentences:
Copyright law grants exclusive rights over the reproduction of original literary, dramatic, musical, artistic, cinematographic, sound recording, and computer program works. The subject matter of copyright includes original works such as books, plays, songs, paintings, films, sound recordings, and computer software. Key cases have established that copyright protection applies to works involving substantial labor or skill in their creation, such as street directories, examination papers, film concepts, and translations.
- Copyright law in India protects original creative works such as literature, art, music, films, and software. The creator of the work owns the copyright initially.
- Copyright covers expressions of ideas, not the ideas themselves. Works covered include books, songs, paintings, movies, and computer programs. The owner's exclusive rights include reproduction, adaptation, publication, performance, and more.
- Registration of a copyrighted work is not required but provides prima facie evidence in legal disputes. The Copyright Office facilitates registration and is headed by the Registrar of Copyrights. The Copyright Board adjudicates certain copyright cases.
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
The document discusses various aspects of intellectual property rights (IPR) including what IPRs are, the nature of IPRs, constitutional aspects of IPRs in India, and provides examples of different types of IPRs such as patents, trademarks, industrial designs, copyright, and trade secrets. It also provides more detailed explanations of patents, industrial designs, and the registration process. The document is presented as part of a lecture on IPR by Dr. Gurumeet C Wadhawa.
The document presents information about copyright that was presented to Prof. Tanmay by Ajesh Patidar and others. It defines copyright as the legal right given to owners of works like books, movies, pictures, songs and websites to control how others use their work. The benefits of copyright registration include establishing public record of ownership and the ability to enforce copyright through lawsuits. Copyright protects the design of products while design rights protect the shape and configuration. Ownership of copyright can belong to the author, employer or others through transfer, and owners can allow certain public uses. Infringement occurs when an owner's exclusive rights are violated without authorization by duplicating a copyrighted work beyond exceptions.
The document discusses key aspects of copyright law in India. It states that copyright is a legal right given to creators of literary, dramatic, musical, artistic works and producers of films and sound recordings. It protects artistic, literary, musical, cinematographic and sound works. Copyright gives creators the exclusive rights to reproduce, publish, perform and adapt their works, as well as make translations. The author of a work owns the initial copyright, and it can be assigned to others in writing. The standard copyright term is 60 years from the death of the author or first publication for various categories of works.
The document discusses various aspects of intellectual property rights including patents, trademarks, copyright, and industrial designs. It provides details on what can be patented or copyrighted, ownership and duration of intellectual property rights, compulsory licensing, and infringement issues. The key types of intellectual property instruments covered are patents, trademarks, copyright, industrial designs, geographical indications, and domain names.
O documento discute a natureza humana e o propósito da existência. Segundo o autor, os seres humanos existem principalmente para transformar energia cósmica e permitir que a Terra funcione como um organismo vivo. No entanto, vivemos vidas miseráveis nessa busca, sofrendo para trabalhar e sustentar a economia natural.
Hargitai András (Banyek) egy Bassment buli estéjén bemutatja nektek analóg elektronikus hangszereit, amik az aznapi partyn is megszólalnak majd élőben. Megtekergetünk minden gépet a robosztus Vermona dobszintetizátortól a kis Moogig - elméletben és gyakorlatban is! Ugyanitt Banyek közös beszélgetésbe próbál keveredni veletek arról, hogy mit hívhatunk “élő” elektronikus zenének.
This document provides a history of the development of pediatrics in Spain from 1600 to the present. It discusses early pioneers like Jerónimo Soriano who published the first Spanish language text on treating children's diseases in 1600. It outlines the slow progression of pediatrics becoming a distinct specialty and highlights contributions from figures like Luis Mercado in the 1600s. The document also analyzes the establishment of pediatric institutions and organizations, the development of public healthcare systems, and both achievements and challenges facing pediatrics in Spain over time.
This document provides guidance for assessing and referring patients experiencing suspected anaphylaxis. It recommends clinical assessment of patients after emergency treatment, including mast cell tryptase testing and observation periods. It also recommends referring patients to allergy specialist services and providing education on anaphylaxis, adrenaline auto-injectors, and warning signs before discharge. Implementing the guidelines may result in additional costs for specialist referrals but improve patient outcomes overall.
The document discusses various aspects of copyright law and contracts related to conveying rights in creative works. It covers the three main models for conveying rights: assignment, where the owner sells copyrights; works made for hire, where rights are assigned by agreement; and licensing, where rights are rented through a non-exclusive or exclusive license. It also provides examples of language that can be used in contracts for assignments, works made for hire, and licensing agreements.
This document provides an introduction to intellectual property law and protection. It summarizes four main types of legally protectable assets: patents, trademarks, copyrights, and trade secrets. Patents protect inventions and are issued by the US Patent and Trademark Office for a term of 20 years. Trademarks protect words, phrases, symbols or designs that identify the source of goods or services. Copyrights protect original works of authorship like writing, art, music, and software. Trade secrets protect confidential business information if kept reasonably secret. The document provides basic information on requirements and protections for each type of intellectual property.
Commercial photography involves being paid for images rather than creating works of art. It is used for commercial, promotional, or advertising purposes. Photographers own the copyright to their work, which gives them certain exclusive rights over how the images can be used and distributed. When licensing photographs for commercial use, photographers should specify the permitted uses, constraints, image details, and other terms to protect their work and prevent unauthorized use. Pricing for commercial photography includes production costs, the photographer's creative fee per day, a license fee based on the scope and volume of use, and fees for any digital editing or retouching services.
This document summarizes different forms of intellectual property (IP) protection for creative works, including copyright, designs, trademarks, patents, and confidential information. It discusses how IP rights come into existence, who owns them, what protections they provide, and how to avoid infringement. Key takeaways are that copyright and designs can arise automatically based on creation or disclosure, while other IP requires registration; it's important to document creations and ownership clearly to enforce IP rights if needed. The document also provides tips on using contracts and non-disclosure agreements to protect confidential information.
Copyright or Copyleft - Creative CommonsMartha Hardy
This document provides an overview of copyright law and Creative Commons licensing. It defines copyright and what types of creative works it protects. Key aspects of copyright law covered include exclusive rights granted to copyright owners, limitations on protection such as ideas and facts, how to obtain copyright, fair use exceptions, and recent acts that have extended copyright terms. The document also introduces Creative Commons licenses and resources available with certain open licenses for reuse and sharing.
The document discusses various forms of intellectual property including trademarks, patents, copyrights, and fair use. It provides details on what each type protects, the requirements and process for obtaining patents, rights under copyright, benefits and limitations of patents and copyrights, and factors considered for fair use of copyrighted works.
Wiser Market offers proactive online brand protection services worldwide. Whether you wish to fight counterfeiting, protect your domain name, prevent trademark, copyright and brand infringements or combat gray market selling and knockoffs, Wiser Market is your partner in countering online threats and protecting your brand’s revenue, profitability, reputation, customer service and brand trust. We defend your brand so you can grow your business. Visit us at https://www.wisermarket.com/
This document provides an overview of intellectual property rights including definitions, categories, and types. It discusses copyrights, patents, trademarks, industrial designs, and trade secrets. It outlines advantages and disadvantages of different intellectual property types. It also summarizes a case study about a patent dispute between two companies where the court ruled the patent was invalid.
Copyrights and creative commons PresentationLloydTom
This document discusses and compares copyrights and Creative Commons licenses. It explains that copyright gives the owner exclusive rights over a work, while Creative Commons licenses allow some rights to be reserved. There are 6 main Creative Commons licenses that vary in whether they allow commercial use, modifications, and require similar licensing of derivatives. The licenses provide standardized ways for creators to share their work and for others to use it within certain parameters.
The document discusses copyright and Creative Commons licensing. It explains how copyright automatically protects original creative works without any formalities. It then introduces Creative Commons, a non-profit organization that offers simple copyright licenses to allow sharing and reuse of creative works under certain conditions. The document provides details on the different CC license conditions and how to select an appropriate license for a work.
As per Section 107 of the Copyright Act 1976, a copyright disclaimer is a notice that ensures or asks for the fair use of content. Content, in this context, can refer to ideas, videos, comments, journalistic reports, scholarship research and even reviews. Fair use refers to the legal processes validated as per the enactment rules of the copyright.
Visit here to know more about copyright disclaimer: https://vakilsearch.com/copyright-registration/copyright-disclaimer
The document provides an overview of trade secrets and copyrights. It discusses what constitutes a trade secret under the Uniform Trade Secrets Act, examples of trade secrets, and reasonable efforts to maintain secrecy. It also compares trade secrets to patents and outlines remedies for trade secret misappropriation. The document then discusses what is copyrightable, categories of copyrightable works, exclusive rights under copyright, ownership, works made for hire, and copyright duration. It summarizes termination of copyright transfers under sections 203 and 304.
The document provides an overview of trademarks, copyrights, and patents. Trademarks protect distinctive signs that identify business sources and products. Copyright protects original creative works. Patents protect novel, non-obvious, and useful inventions for a limited period. Key requirements for each include trademarks distinguishing business sources, copyrights requiring creative works fixed in a medium, and patents requiring inventions be useful, novel, and non-obvious.
Copyright is a legal concept that gives the creator exclusive rights to their work. It automatically protects original works once they are fixed in a tangible form. The copyright holder has the right to copy, distribute, perform and create derivatives of the work. Simply creating or posting a work online is sufficient to obtain copyright protection for that work. Individuals can be liable for copyright infringement for sharing copyrighted works without permission. Permissions and licenses like Creative Commons can allow certain uses of copyrighted works. Fair use provides limited exceptions for quoting copyrighted works under certain circumstances.
Copyright & The Evolution Of Creative CommonsJennifer Dorman
The document summarizes key concepts related to copyright, fair use, and Creative Commons licensing. It defines copyright and exclusive rights, as well as infringement. It describes the fair use doctrine and its factors. It also discusses the public domain, cease and desist letters, Creative Commons licenses, and how they allow sharing and reuse of creative works while still protecting author rights.
This document is the Enterprise Scrum definition and license authored by Mike Beedle. It defines Enterprise Scrum as business agility for the 21st century. The document is released under a Creative Commons license that allows reuse and distribution with attribution. It defines terms, grants rights to reuse and distribute the work, and restricts commercial use and modifications without permission. The license disclaimer limits liability and terminates if terms are breached.
Copyright is a legal concept that gives the creator exclusive rights to their work. It provides copyright holders the rights to be credited for their work, determine how it can be adapted or used financially by others, make copies of their work, prepare derivative works, publicly distribute their work, display and perform their work. Simply creating and saving a work in a tangible medium like electronic form gives it automatic copyright protection. Individuals can be held liable for copyright infringement for copying and distributing others' copyrighted works without permission. Users need to understand copyright rules to properly use and credit others' creative works online.
Presentation on intellectual property rightsMedha Shahi
The document discusses different types of intellectual property including patents, trademarks, copyright, designs, trade secrets, and geographical indications. It provides details on each type of intellectual property such as what they protect, requirements for protection, rights conferred, and duration of protection. Patents protect inventions and last 20 years. Trademarks protect signs that identify goods/services and guarantee quality. Copyright protects original creative works. Design protection covers the appearance of articles. Trade secrets protect confidential business information. Geographical indications identify goods originating from a particular region.
Similar to Copyright And How To Protect Your Art (Linkedin) (20)
20. Sample Non-exclusive License Clause By this Agreement, Shutterstock grants you a personal, non-exclusive, non-transferable , right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof: a) On web sites, provided that no Image is displayed at a resolution greater than 800 x 600 pixels; b) As toolbar skins, screensavers and mobile phone "wallpaper" for your own personal, non-commercial use, not for resale, download or distribution; c) As prints, posters (i.e. a hardcopy) and other reproductions for decoration in a home, office, restaurant, public area, or store owned or rented by you or by a client for whom you render design services; d) As a hand painted reproduction (not as a printed reproduction) on canvas or other material to be used as decoration or resold; Etc…
21. YOU MAY NOT: 7. Use or display any Image on websites or in connection with any service designed to sell or induce sales of " print on demand " products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items, this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com). … 9. Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to, the use of Images: a) in pornography, "adult videos" or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition. 10. Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in editorial or preliminary design work, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement. 11. Share an Image by providing access to such Image on shared disk drives, computer networks , intranets of any nature or otherwise. 12. Use Shutterstock Images in a manner that competes with Shutterstock's business . This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, and/or offering Shutterstock Images for sale or resale. Sample Non-exclusive License Clause
22. YOU MAY NOT: 13. Withhold a credit attribution or fail to provide a copyright notice required by paragraph 30 of these TOS, except with an advance written waiver of that requirement from Shutterstock in each instance. Each waiver issued by Shutterstock will specify the Image number or numbers and the usage and is applicable only to the specified Image(s) and usage(s). Do not assume that you have or will receive a waiver for a proposed future use because you received a waiver in the past for a similar use. 15. Use any Image (in whole or in part) as a trademark , service mark, logo, or other indication of origin, or as part thereof , or to otherwise endorse or imply the endorsement of any goods and/or services. 16. Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image. 18. Stockpile, download, or otherwise store Images not used within twelve (12) months of the expiration of the subscription under which you downloaded the Image. If you fail to use an Image within such twelve (12) month period, you will lose all rights to use that Image. Sample Non-exclusive License Clause
37. Examples of Registered Industrial Design The design consists of the features of shape, ornament, pattern and configuration of a PORTABLE ELECTRONIC MULTI-MEDIA COMMUNICATION DEVICE shown in the drawings. The portions of the drawings in stippled lines are for illustration purposes only and do not form any part of the design.
38. Examples of Registered Industrial Design The said Industrial Design consists of the features of shape, ornament, pattern and configuration of the entire Photograph Organizer shown in the hereto annexed drawings wherein: Figure 1 is a perspective view of the design; Figure 2 is side elevational view of the design shown in Figure 1; Figure 3 is a top view of the design shown in Figure 1; Figure 4 is a bottom view of the design shown in Figure 1; Figure 5 is a perspective view of a variant of the design shown in Figure 1; and Figure 6 is a side elevational view of the design shown in Figure 5. Drawings of the Design are included.
39. Examples of Registered Industrial Designs The design consists of the features of shape, pattern and ornamentation of the entire cordless drill shown in the drawings. The drawings of the design are included wherein Figure 1 is a perspective view; Figure 2 is a perspective view from bottom; Figure 3 is a side view facing right; Figure 4 is a front view; Figure 5 is a side view facing left; Figure 6 is a rear view; Figure 7 is a top view; and Figure 8 is a bottom view.
40. Examples of Registered Industrial Designs The design is the visual features of the HANDBAG shown in the drawings, whether those features are features of one of shape, configuration, ornament or pattern or are a combination of any of these features. Drawings of the design in seven (7) views are included.
44. Example of Registered Copyright Title: TOBLERONE MOUNTAIN Type: Copyright Registration Number: 1006932 Status: Registered Registered: 2002-10-25 Category Of Work: Artistic Date Published: 2000 Country Published: Switzerland Related Grant of interest: COPYRIGHT LICENSE AGREEMENT 1006941 REVOCATION OF LICENSE AND COPYRIGHT ASSIGNMENT 1053036 Interested Parties: Owner: Company Name: Kraft Foods Schweiz AG Original Address: ellerivestrasse 203, 8034 Zurich Switzerland Current Address: Chaussée de Bruxelles, 450, B 1500 Halle Belgium Original Address: ellerivestrasse 203, 8034 Zurich Switzerland Current Address: Chaussée de Bruxelles, 450, B 1500 Halle Belgium Agent: Company Name: Sim, Hughes, Ashton & McKay Person Name Wendy M Noss 330 University Avenue. 6th Floor Toronto Ontario M5G 1R7 Canada Author: Person Name Andrew Davidson Original Address: Moors Cottage, Swells Hill, Borleigh Stroud Gloucester GL52SP United Kingdom
I want to thank the Markham Small Business Centre and Markham Arts Council for inviting me to speak tonight. First an introduction about myself – commercial lawyer and civil and commercial litigator. I have a Masters of Law in Intellectual Property. I assist clients with trade-mark and copyright matters, dispute resolution and litigation. I will assume a new role in November this year as an adjudicator at a federal tribunal.
My talk tonight is about copyright and how to protect artistic works. Artistic works and other copyrighted work such as literary works are products of the mind. These are what’s known as Intellectual Property or intangible assets. I will do an overview of the traditional forms of intellectual property and intangible assets recognized by the law. Next, I will survey some fundamental copyright principles – purpose of copyright, originality, copyrightable works, author, term of protection I will also cover protection of copyright through registration; commercializing or monetizing copyright through assignment and licensing; enforcement of copyright when someone uses copyrighted work without authorization (called infringement); and defences to copyright (what is commonly known as fair use or public domain arguments); Finally, I will bring up some examples of current copyright debates that have arisen due to digital technologies. T here are now competing commercial and public interest in what should be subject to copyright, and what is part of the public domain for others to use to create new works Finally, some legal resources.
Copyright can be considered an intangible asset? What is an intangible asset? Intangible – not bricks and mortar, not land, not personal property such as equipment, inventory Intangible means easily reproducible with or without technology in mass quantities (think counterfeit goods, and similar trade-marks) Just as rights are acquired when a building, land or machinery is purchased, intangible assets are recognized in law and courts to be property – in Canada and other countries that are members of WTO and signed onto WIPO treaties, the government has set up a federal registry system to register intangible assets such as patents, copyright, trade-marks and industrial designs. Tonight I will cover copyright and industrial designs as these assets are most applicable to artistic creations. Owner can use and exploit the assets as in using a trade-mark on a product, licensing a patent to a mfg, publishing a book or script and adapting it into a movie Owner can protect asset by excluding others from using or exploiting the property for their own benefit and gain Owner can exploit the asset for gain by assignment and license Intellectual property has been described as a negative right to exclude others from claiming use of an intangible asset.
In order for the Court to grant a remedy, the asset has to be capable of being valued: accounting of profits – what profits were made by the wrongful party that infringed the right assessment of damages – what profits were lost by the owner (past revenues, and benchmarks in the industry)
Traditional forms of intellectual property governed by statue and common law Patents Act – protects inventions that are non-obvious, new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any of those (20 years) Patents are granted for inventions or improvements to inventions that satisfy three criteria: new, useful and unobvious. Patents The term of protection is 20 years after filing. This period of protection gives the inventor a head start to develop and market his invention to the exclusion of competition. The inventor is able to recoup the investment made in research and development of the invention during this monopoly period. The exclusive monopoly is also the incentive for the inventor to invest in innovation. Copyright Act – protects works of expression – does not protect an idea but the expression of an idea (life of author + 50 years) Copyright protects only original work that originate from the author with a minimal intellectual effort. Copyright law protects the expression of an idea, not the idea itself. Copyright protects against copying. Another person who creates a substantially similar work independent of any copying is not infringing on copyright. Generally applicable to artistic work, industrial creations such as database compilations and software programs are protected by copyright. The term of protection is life of the author plus 50 years. Trade-marks Act – registered and non-registered trade-marks – protects the mark identifying the source of a good or service (registration valid for 15 years and renewable 15 years thereafter) Trademarks are accorded protection to identify the source of products and services. For example, when we The law of trade-marks protects investment in corporate and brand identity. Trade-marks can be registered or non-registered. There are different categories of trade-marks: trade-marks, certification marks (Wool symbol), distinguishing guise (coke bottle) Industrial Design Act – protects the features of shape, configuration, pattern, or ornament and any combination of these features that in a finished article whose appeal is judged solely by the eye; applied to finished goods; (10 years); does not protect principles of construction, ideas, or colour Industrial designs can qualify for protection under the Industrial Design Act and Copyright Act as long as the articles do not have a utilitarian function and are not mass produced (no more than 50 copies made) The branches of Intellectual property law created by statute are generally known as patents, trade-marks, copyrights. Other lesser known Intellectual Property assets are: integrated circuit topographies and plant breeders' rights created by statute.
2. . . . "every original literary, dramatic, musical and artistic work" includes every original production in the literary, scientific or artistic domain, whatever may be the mode or form of its expression, such as compilations , books, pamphlets and other writings, lectures, dramatic or dramatic-musical works, musical works, translations, illustrations, sketches and plastic works relative to geography, topography, architecture or science;
Bear these 2 principles in mind when trying to understand copyright principles and also the current copyright debates See Theberge v. Galerie d’art du Petit Champlain Inc . 2002 SCC 34
3. (1) For the purposes of this Act, " copyright ", in relation to a work , means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever , to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right ( a ) to produce, reproduce, perform or publish any translation of the work, ( b ) in the case of a dramatic work, to convert it into a novel or other non-dramatic work, ( c ) in the case of a novel or other non-dramatic work, or of an artistic work, to convert it into a dramatic work, by way of performance in public or otherwise, ( d ) in the case of a literary, dramatic or musical work, to make any sound recording, cinematograph film or other contrivance by means of which the work may be mechanically reproduced or performed, ( e ) in the case of any literary, dramatic, musical or artistic work, to reproduce, adapt and publicly present the work as a cinematographic work, ( f ) in the case of any literary, dramatic, musical or artistic work, to communicate the work to the public by telecommunication, ( g ) to present at a public exhibition, for a purpose other than sale or hire, an artistic work created after June 7, 1988, other than a map, chart or plan, ( h ) in the case of a computer program that can be reproduced in the ordinary course of its use , other than by a reproduction during its execution in conjunction with a machine, device or computer, to rent out the computer program, and ( i ) in the case of a musical work , to rent out a sound recording in which the work is embodied , and to authorize any such acts. 5. (1) Subject to this Act, copyright shall subsist in Canada, for the term hereinafter mentioned, in every original literary, dramatic, musical and artistic work if any one of the following conditions is met: ( a ) in the case of any work, whether published or unpublished, including a cinematographic work, the author was, at the date of the making of the work, a citizen or subject of, or a person ordinarily resident in, a treaty country; ( b ) in the case of a cinematographic work, whether published or unpublished, the maker, at the date of the making of the cinematographic work, (i) if a corporation, had its headquarters in a treaty country, or (ii) if a natural person, was a citizen or subject of, or a person ordinarily resident in, a treaty country; or ( c ) in the case of a published work, including a cinematographic work, (i) in relation to subparagraph 2.2(1)( a )(i), the first publication in such a quantity as to satisfy the reasonable demands of the public, having regard to the nature of the work, occurred in a treaty country, or (ii) in relation to subparagraph 2.2(1)( a )(ii) or (iii), the first publication occurred in a treaty country.
Mechanical exercise – would be changing a font in a document Example – if I took Yellow Pages directory and reproduced it – would I have infringed copyright What if I took a directory and scanned the pages digitally to make it searchable What if I took a directory and re-classified the topics
Example – tying ribbons around the geese in the Eaton Centre
Bear these 2 principles in mind when trying to understand copyright principles and also the current copyright debates See Theberge v. Galerie d’art du Petit Champlain Inc . 2002 SCC 34
Registration process – fill out an application Pay the fee to the copyright office No need to send in a copy of the work CIPO does not verify the information in the application Can file online Give checklist of the application
See Theberge Section 13, 14 CA
s.13(4)
s.13(4) and (7) C.A. Rudder v. Microsoft Corp. [1999] O.J. No. 3778, additional reasons [1999] O.J. No. 4275
s.13(4) and (7) C.A. Rudder v. Microsoft Corp. [1999] O.J. No. 3778, additional reasons [1999] O.J. No. 4275
Rudder v. Microsoft Corp. [1999] O.J. No. 3778, additional reasons [1999] O.J. No. 4275
Example of a License term Non-exclusive (can grant the license to another party) Non transferable Revocable Royalty free or license fee Geographical region is United States Use – software development focusing on micro payment services in retail
Prohibited Uses: No competition No defamation or libel Can’t stock pile the images Can’t transfer to another person
Must give credit for the image Can’t use the image as a trade-mark Can’t pretend the image was created by yourself
In 2004, Google set out to digitize books for its users Academic libraries such as Harvard and Oxford partnered with Google to digitize collection of works – in many cases without permission from the owner The Authors Guild, Inc. and Association of American Publishers sued Google for copyright infringement The parties settled in 2008. For every book ever published before January 5, 2009, Google would have a non-exclusive right to digitize the book Google would pay US$125M - $45M payment to rights holders ($60 per book) Google can index the work, display up to 20%, display short excerpts, display bibliographic content, allow printing, copying, pasting and annotations to the entire work at a fee, subject to limitations Authors can opt out of settlement
35 The appellants purchased on the open market a quantity of posters of the respondent’s artistic works. They subjected these posters to a technique which involved spreading a special resin or laminating liquid across the face of a poster. The resin is designed to bond with the surface inks. After the applied coating is dried (or cured), the coated poster is submerged in a bath of solvent which loosens the paper substrate but leaves intact the fixed ink/resin layer, thus allowing the latter to be peeled off the former. The rear of the ink/resin layer is then coated with a suitable adhesive resin and transferred to a canvas substrate, which is then smoothed and finished. HELD: The appellants purchased lawfully reproduced posters of the respondent’s paintings and used a chemical process that allowed them to lift the ink layer from the paper (leaving it blank) and to display it on canvas. They were within their rights to do so as owners of the physical posters. There was no production (or reproduction) of a new artistic work “or any substantial part thereof in any material form” within the meaning of s. 3(1) of the Copyright Act . The image “fixed” in ink on the posters was not reproduced. It was transferred from one display to another. An expansive reading of the economic rights whereby substitution of one backing for another constitutes a new “reproduction” that infringes the copyright holder’s rights even if the result is not prejudicial to his reputation tilts the balance too far in favour of the copyright holder and insufficiently recognizes the proprietary rights of the appellants in the physical posters which they purchased. The historical scope of the notion of “reproduction” under the Copyright Act should be kept in mind. “Reproduction” has usually been defined as the act of producing additional or new copies of the work in any material form. While the Act recognizes that technologies have evolved by which expression could be reproduced in new ways, the important evolution of legal concepts in the field of copyright is not engaged by the facts here. This is a case of literal physical, mechanical transfer in which no multiplication takes place. The separate structures in the Act to cover economic rights and moral rights show that a clear distinction and separation was intended. In terms of remedies, Parliament intended modification without reproduction to be dealt with under the provisions dealing with moral rights rather than economic rights. A contrary view would allow an artist who objected to a “modification” of an authorized reproduction to sidestep the important requirement of showing prejudice to honour or reputation in order to establish an infringement of moral rights. Example: if I purchased a print and I framed it – would that be infringement? Annie Lee v. ART Company US Court of Appeal 7 th Circuit (1997) In the U.S. there was a case involving art on stationary and cards. The image was lifted off the cards using epoxy and mounted onto coasters. Artist sued for infringement. Court found no infringement because there was no reproduction. The owner of the cards can do what he wants with the cards. The court posed the question, what if the owner wanted to use the card as a coaster? There would be no infringement.
Photograph by AP photographer Mannie Garcia Sheperd Fairey – very successful pop culture artist -turns the photo into initially 350 copies of an iconic poster for the Presidential campaign All proceeds of sale goes to the campaign The poster sells out in minutes and auctioned on E-Bay at a mark-up – 6 figures Smithsonian Portrait Gallery has now acquired the hand finished collage AP photographer asserts copyright in the photo Artist seeks a declaration in court that (1) copyright was not breached; (2) fair use doctrine (3) enjoining AP from asserting copyright from Fairey and third parties such as the Smithsonian, Boston Institute for Contemporary Art from displaying and distributing
HP fan (former librarian of in elementary school) compiles an online encyclopedic lexicon of everything related to HP The lexicon was started after the 1 st book in the series was published and compiled with successive books The lexicon was so complete that the director of the HP movie used it as a resource JK Rowling had plans to write an encyclopedia; although the written works related to HP books did not gross as much, they earn about $20M A publisher publishes the Lexicon that was authored by a fan Warner Bros – that purchased the movie rights sues the publisher and author of the lexicon The issue is whether there was copyright infringement or was the lexicon fair use, and whether the lexicon was a derivative work that was unauthorized by the JK Rowlings The court found copyright infringement because much of the text was copied verbatim; the lexicon is not a derivative work
Of relevance to the present discussion is the fact that the United States legislation, apart from entitling the copyright holder to control the “reproduction” of his work, allows the copyright holder the right to authorize (or prohibit) the creation of “derivative works”. The concept is formally defined in s. 101 of the United States Code , Title 17, as follows: A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted . A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”. [Emphasis added.] Therberge
So what is CR infringement in Canada
Exceptions to copyright infringement Excerpt of some of the fair dealing defences
Institutional licenses with government, universities, colleges
in order for the Court to grant a remedy, the asset has to be capable of being valued accounting of profits or assessment of damages
Use the Toblerone example
Here’s an example of where trade-mark and copyright registrations are both used to protect the brand of a product
Title Registration number Grant of interest – license agreement, revoked, assigned Owner and address Agent for the owner to contact for permission and licensing Author who assigned the work to the current owner
Library and Archives Canada – can deposit your book with the national library