Copyright
For Conservapedia's copyright policy, see Conservapedia:Copyright.
Copyright is federal legal protection for the rights of authors in their works for a limited time period. Copyright law (title 17, U.S. Code) is federal law enacted under the authority of the Copyright Clause in the Constitution, "to promote the Progress of Science and useful Arts, by securing for a limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
Copyright protects authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.
Under Section 105 of the copyright law, "Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise."
Anything published in the United States before 1923 no longer has copyright protection and is in the public domain in that country.[1] Also, photographs of paintings in the public domain would ordinarily not qualify for copyright protection either.[2]
Works that were published before March 1, 1989 are in the public domain if they were published without a copyright notice, such as the word "Copyright" or "©", along with name of the copyright owner.[3] There are some narrow exceptions to this rule, and the lack of a notice on an unauthorized copy does not entitle one to copy the work. Works published after that March 1, 1989 are protected by copyright laws even if they lack the notice.
All court decisions and statutes, whether federal, state or local, are in the public domain and may be fully copied. Even pagination inserted into opinions by private publishers is fair use and may be copied.[4]
Copyright Act
Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- To reproduce the work in copies or phonorecords;
- To prepare derivative works based upon the work;
- To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
- To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
- In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, request Circular 40, Copyright Registration for Works of the Visual Arts.
It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.
- Note: Sound recordings are defined in the law as “works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work.” Common examples include recordings of music, drama, or lectures. A sound recording is not the same as a phonorecord. A phonorecord is the physical object in which works of authorship are embodied. The word “phonorecord” includes cassette tapes, CDs, LPs, 45 r.p.m. disks, as well as other formats.
References
- ↑ http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm
- ↑ Bridgeman Art Library v. Corel Corp.
- ↑ http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter8/8-a.html
- ↑ Matthew Bender & Co. v. West Publishing Co., 158 F.3d 693 (2d Cir. 1998).