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Written by : Manie Kermes
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copyright laws seek to prevent unauthorized copying of works of authorship and to protect the fruits of the labor undertaken in developing such works we will present an overview of copyright law discussing questions such as what is a copyright how our works made protectable by copyright law and what do copyright laws protect and not protect what is a copyright copyright is one of many intellectual property rights intellectual property rights are rights protected property interests even though they are not tangible like a laptop or house other intellectual property rights include trademarks patents and trade secrets u.s. copyright laws are codified in title 17 of the United States Code in the u.s. registration of a work is not required to have a valid copyright just producing and committing something to a tangible form automatically gives you the copyrights to that creation however federal registration of a work with the US Copyright Office part of the Library of Congress provides additional options and protections to the works author a copyright is a legally recognized property right protecting creative original works that are fixed in a tangible medium of expression capable of being perceived reproduced or otherwise communicated for instance a songwriter that writes a song can use the notes app on an iPhone to type or fix the lyrics into a format that is tangible and easily reproduced otherwise the lyrics are just an idea in someone's mind and not easily perceived or reproduced likewise an oil painter fixes her work onto a canvas a common medium of expression for artists the same way that a 3d animator might fix his short film into a digital file format another medium that falls within the scope of the Copyright Act how our works made protectable by copyright law original works in creativity originality is a key ingredient to the creation of a copyright able work that's eligible for protection the US Supreme Court addresses the originality and creativity requirements in the landmark case Feist publications Inc vers rural telephone service Company Inc in that case the court stated that to qualify for copyright protection a work must be original to the author continuing the Court emphasized that the work must be independently created by the author and it must possess at least some minimal degree of creativity in Feist rural telephone service company Inc a telephone company that created a phonebook sued Feist publications Inc a company specializing in the creation of phone books for copying entries from rurals phonebook at the time copyright law protected works under the sweat of the brow doctrine which gave copyright protection based on the time and effort put into the creation of a work not necessarily based on whether it was original the Supreme Court held in favor of Feist publications saying no one may claim originality as to facts because facts do not owe their origin to an act of authorship therefore facts are never original and copyright law does not extend protections to facts the court went on to declare that the level of creativity required for copyright is low and that a work must be original to and independently created by the author works that contain factual information may be registered so long as they have a level of creativity or original authorship that creates elements eligible for registration for example a newspaper or magazine article may be eligible for copyright protections but the protections do not extend to any news elements within the article because the information contained within is merely information and within the public domain therefore once an article or news where the event is published by the original publication other publications may write their own articles or methods of conveying the same newsworthy information without infringing upon the original story in an interesting sidelight the US Copyright Office recently had to issue a ruling that a copyright able work needs to have been created by a human being to be protected in response to an attempt to copyright selfies taken by a monkey ideas and non fixed expressions another key ingredient to a copyright is making sure the work is fixed in a tangible medium of expression if a work is not fixed it is therefore not protectable under the Copyright Act examples of works that have not been fixed include choreography that has never been filmed or notated an extemporaneous speech that has not been filmed or recorded a work communicated solely through conversation or a live broadcast that has not been filmed recorded written or transcribed a dramatic sketch or musical composition improvised or developed from memory that has not been filmed recorded or transcribed the Copyright Act specifically targets ideas when providing guidance on exceptions to the protections it offers in no case states section 1 0 2 B does copyright protection for an original work of authorship extent to any idea procedure process system method of operation concept principle or discovery regardless of the form in which it is described explained Illustrated or embodied in such work examples of such works that are not subject to copyright protection include the idea or concept for a work of authorship the idea for a character business operations or procedures mathematical principles formulas algorithms or equations an example of the universal concept or theme that is not eligible for copyright protection arose from an early 20th century case a court held that copyright law does not protect a work created by an author detailing a quarrel between a Jewish father and an Irish father the marriage of their children the birth of grandchildren and a reconciliation this is because the nature of the creative work incorporates universal concepts and universal themes of a story due to the nature of section 1 0 to B it's important for creators in the entertainment and media industries to understand that sharing an idea for a movie screenplay or television series with another person or company especially when it's not a finalized or finished product can make it more difficult to properly protect the work using copyright laws a related concept that's important to understand is that titles names and short phrases are not eligible for copyright protection this is because those types of works do not meet the minimum amount of authorship necessary incidentally trademark law codified in the u.s. under the Lanham Act also does not generally afford protections to titles either trademark protections may be available for Series titles brand and trade names slogans or phrases but not for individual books or song titles Taylor Swift made headlines with registration filings for a variety of trademarks surrounding her 2014 album 1989 and its subsequent world tour whether those filings would hold up in court has not yet been tested there are a variety of business decisions to consider when it comes to protecting intellectual property assets therefore a proper understanding of the similarities and differences between different types of intellectual property is important for more information about the registratio
Thanks for your comment Linette Capellas, have a nice day.
- Manie Kermes, Staff Member
hi my name is Tom welcome back to my channel today I want to talk a little bit or actually for a fairly long time but I think it's worth it about copyrights and intellectual property they're topics which draw in all of the intersecting subjects on which my channel tends to focus there's a little bit of politics philosophy art and aesthetics what I want to consider in particular however is whether the existence of copyrights and intellectual property is a good thing for our society and our culture or not and whether we might benefit from abolishing both altogether now unlike when I make most of my videos I began writing the script for this video pretty uncertain of what my final argument would be I was driven instead by a slightly more vague sense that the concept of intellectual property holds something of a strange place in the popular imaginary in the present a couple of months ago Katy Perry and her co writers on the 2013 song Dark Horse were found by a federal court in the United States to have infringed on the intellectual property of Christian rap artist Flame by supposedly copying a 16 note bass riff from a song called joyful noise that he had released in 2008 and pretty much every journalist who reported on this story did so with a sense of astonishment on this website indeed a musicologist called Adam Neely made a fantastic video pulling apart the notion that such a small number of notes could be owned exclusively by anyone that particular events however was only really the latest in a long line of controversies surrounding how copyright law operates in the present day in addition to concerns that the present system might encourage claims of intellectual property infringement in cases where the similarities between one work and another which is said to have copied it might seem very slight frustrations regularly seem to flare up on this website surrounding what's known as the fair use or fair dealing doctrines which in theory allow for the use of material protected by copyright for the purposes of commentary or critique I have possibly only watched one let's play video in my entire life but even I be aware of the controversy surrounding Nintendo's clamping down on such uses of footage of their games something that they've since changed their tuner ultimately however I think both these episodes point to a broader shift in our perception of artistic and cultural works in which we increasingly no longer really view such works as something that can or perhaps more importantly should be owned 'red oh that's not to suggest that we no longer consider cultural works whether that be video games films books or whatever else as something that we should pay to experience many people voluntarily part with a portion of their hard-earned cash to support those who create things that they like on a regular basis my incredible patrons he says seamlessly working in a brief plug such as Jay Fraser Cartwright who recently became one of my top supporters by visiting patreon.com forward slash Tom Nicholas would still be able to watch my videos without handing over any money whatsoever yet they and anyone else who supports an artist or creator of some description on patreon or coffee kofi or similar recognize that creating videos or the light takes time and resources and so voluntarily decide to help to meet some of those costs many of us also subscribe to streaming services such as Netflix or Spotify nevertheless the exchange which occurs when we pay to access films and music through a subscription service is clearly very different from that which dominated in previous decades where previously one might have bought a film or album either physically or digitally the new normal is one far less predicated on the notion of ownership now it's worth highlighting that the issue of the ownership of intellectual property in the sense that flame apparently owns that bass riff and Nintendo own Super Mario Odyssey as an artistic work is so separate and distinct from that of the shift in the way that we pay to access films music and other artistic works yeah I think the manner in which both infer an increasing skepticism towards the notion that anyone Arnel should have exclusive ownership over a piece of art or culture fascinating and it's that thread of an idea on which I wish to pull today for if our perceptions surrounding the possibility of owning an artistic or cultural work truly have shifted in the way that I've just suggested then it begs the question why don't we just do away with copyrights and intellectual property altogether in order to discuss intellectual property and copyright in any great depth it's important that we first have a solid understanding of what those things are and for us to be able to distinguish between them as the oxford english dictionary has it then intellectual property is property which is the product of invention or creativity and does not exist in a tangible physical form of intellectual property comes in a number of forms inventions whether mechanical biological chemical or in the form of software and designs such as a company logo can all be forms of intellectual property these exists whithin are slightly differently your system however and so today will largely be leaving these to one side instead we'll be focusing solely on what are often referred to as artistic works which includes books films music video games and other cultural works all of which can also be forms of intellectual property copyright by contrast with intellectual property refers to the systems of laws and statutes which exist to protect the rights of an owner over the piece of intellectual property that they own the video that you are presently watching for instance is my intellectual property I conceived of and created it and thus in most nations and granted by copyright law the exclusive right to do what I like with it and perhaps more importantly to seek recompense against anyone who encroaches upon those exclusive rights the same would be true if this video have been created by a group of people or a company although again for some Christie's sake I'm gonna mostly discuss things in terms of individual creators today as most countries haven't my ownership of this video gives me the exclusive right to make copies of and give access to this video to others either for free or for commercial gain I also have the right to sell or transfer my exclusive rights of this video to another party although again we're gonna leave that thing for us to the side for one day the most important aspect of copyright law however is this fact that it is an exclusive right and thus should anyone else copy or distribute this video without my blessing whether for financial gain or not they would be infringing on my intellectual property rights as articulated in copyright law and I would be able to take legal action against them what it actually means to own this video however it's slightly more difficult to explain see it's not just the mp4 file that your computer is currently displaying that I own instead it's slightly more abstract than that if you were to download the s
Thanks kuiergasC your participation is very much appreciated
- Manie Kermes
About the author
I've studied humanistic sociology at Concordia University Texas in Austin and I am an expert in real options analysis. I usually feel determined. My previous job was agricultural equipment operator I held this position for 19 years, I love talking about book folding and model building. Huge fan of Peyton Manning I practice jai alai and collect plants.
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