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Written by : Dorathy Hickle |
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Thanks for this great article
Thanks for your comment Bradford Leth, have a nice day.
- Dorathy Hickle, Staff Member
greetings everyone as you know intellectual property is a type of intangible personal property what I'm going to talk about in this session is copyright law and what it means so a copyright is a protection of expression of an idea through artistry and creativity the copyright has to do with the what rights the creator has to control the use of that creation the on this slide you see the copyright symbol all rights reserved you can add a year but as you will see as we go along it's no longer required that you indicate that it's copyrighted material although it's always a good idea just to let others who read it know a copyright is a protection of expression of ideas now when I talked about in the intro about what intellectual property is in general intellectual property in general is that the law provides protection for how ideas are expressed with human creativity in the case of a patent that protects the invention in the case of a copyright it protects the creative artistic expression of an idea in the case of a trademark it puts protects the symbol or word that someone uses to demonstrate that a product is produced by a certain company or to show that what its origin is because if it's not a company it might be a country that is the origin that's what the trademark symbolizes and a trade secret symbolizes a non disclosed private process that a business has that it believes gives it a competitive advantage so copyright then protects the creative expression of an idea so what are the elements the protects expression of ideas as original works of authorship in tangible form but not the actual ideas the intellectual property can't protect ideas it only protects the expression of those ideas in a creative way so for example motion pictures and other auto visual works are protected under copyright pictorial graphic and sculptural works are protected under copyright sound recording so if you like music which I do those sound recordings are protected by copyright unless they holder the copyright chooses otherwise pantomimes and choreographic works are protected literary works books web pages those kinds of literary works are protected musical works and found recordings and musical works are some some of the same things although you can have a sound recording like this one which is you know my you hear my voice that can be protected and it's not music you really don't want me the same and then architectural works are protected under copyright law so what if what rights does a copyright holder have the rights include the right to perform or public publicly display the work the right to make derivative works from it so you right ain't the excuse me you write a book and then you take a chapter of that book and you make changes to it you have the right to do that and the other person who didn't create it doesn't the right to transfer our retain ownership you create the book you create the song you sell the phone to a music company and that music company now owns it because you sold it now you might sold it sell it for royalties right but the music company now owns it and that music company might sell it to a movie so that they use it in the movie etc and you have the right to transfer it or you have the right to retain ownership and say I might sell you part of the rights to this song I'll sell you 10% but the rest of it I own and I want to control you have the right to distribute copies as the copyright holder and you have the right to reproduction we produce the work those are all very essential rights that a copyright holder has earlier I had talked about ownership of property and what that means under the law this is an example of what that means under the law those rights that you have as a creator of the copyrighted work so what is infringement infringement is substantial similarities between your work and someone else's work in order to show infringement you do have to show access to the work and it doesn't necessarily have to be an intentional on infringement or intentional similarity the picture that is on the slide although you can't see it all together is a picture of twins but they don't look exactly what I like but they're substantially similar they look like facially but for example they dressed a little differently and so that's to illustrate that there needs to be substantial similarities it doesn't have to be identical but also you have to show access to the work so for example in the movie industry almost no movie production companies accept unsolicited manuscripts and part of that is because if they accept it and then they produce something that's substantially similar to it that creator can show access to the work and therefore there can be liability for infringing on the copyright one example of that I believe it was paramount but I'm not sure the studio a writer art art buchwald had submitted a script that was about a king who came from Africa to the US and you may remember part of that plot that was coming to America paramount produced a movie called coming to America and I forget the name of the script that art buchwald had sent to them but it was so similar the script was so similar to the ultimate coming to America that book wallet sued and won on the idea that there was substantial similarity there was access and so paramount had to pay for infringing on his copyright so which is not a right of a copyright holder the right to publicly perform created the derivative work to protect only if the copyright symbol is used to distribute copies to transfer ownership and I'll give you about 10 seconds to select the correct answer the correct answer hopefully you got this is to protect only if the copyright symbol is used that is not a right of a copyright holder in fact the copyright is protected even if you don't use the copyright symbol although we recommend that you use this copyright symbol because then that's a very visual very visual evidence that you have a copyright on something but as part of signing the Berne Convention on treat on a Berne Convention which was a treaty on copyright law we the u.s. agreed that the copyright symbol would no longer be required there is a defense and that's what this picture is as someone defending a football game the fair use defense is probably the most common along with that is the parody defense and the parody is where you make fun of something and in order to make fun of the something or in order to show what you're making fun of you have to use part of what you're making fun of the classic example of that is the pretty woman case that went to the US Supreme Court in that case you may remember the song pretty woman I won't attempt to sing it you might not like it if I do but it was a song by Roy Orbison that was used for the movie pretty woman and a group a rap group 2 Live Crew decided to make fun of that song and in making fun of it what they did was to use that the baseline pretty woman and then of course in the chorus they say pretty woman walking down the street pretty woman etc and roy orbison didn't like to Live Crew's version a pretty woman so decided to sue for copyright
Thanks Hortensia your participation is very much appreciated
- Dorathy Hickle
About the author
I've studied neutrino astronomy at SIT Graduate Institute in Brattleboro and I am an expert in cynology. I usually feel mad. My previous job was fire investigator I held this position for 2 years, I love talking about kendama and fishing. Huge fan of Natalie Portman I practice darts and collect bazooka joe comics.
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