What is fair use of copyrighted work

Posted by on Jan 15, 2016 in Copyright Law

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Copyright protected work is every original work by the author, no matter if it is tangible or, in modern times, digital or electronic. Most pieces of art are automatically protected by copyright, such as photos, which fall under copyright protection the moment they are taken. This means that, even without the copyright notice, you are not allowed to use someone else’s piece of work without asking for permission.

However, copyright protection is restricted by several factors, which means that the author does not have full monopoly over his work. One of the factors is time, which means that copyright protection will eventually expire. It lasts as long as the author is alive and 70 more years after his death. Another factor that limits copyright protection is fair use, which is what we will deal with here.

Fair use is basically an exception to the rule, meaning that it allows using a piece of copyright protected work without asking author for permission. Using someone else’s work under the concept of fair use is found in criticism, teaching, research, scholarship, news reporting, comment and parody. Fair use is restricted to non-commercial purposes, and it is still necessary to give credit to the author and state the source.

For example, if you decide to use someone else’s sentences in your research paper, you need to properly quote them and give reference to the original work. Similarly, if someone’s work is used in your classroom for teaching purposes, you are allowed again to cite the sentences and give credit to the author, while copying parts of work or the whole of it and using it instead of schoolbooks or other teaching materials is punishable.

Copyright, Exceptions and Fair Use

                If you are not certain whether some piece of work falls under copyright protection or how much of it you can use and for which purpose, there are several factors to consider: the purpose of use and its character, the nature of work you want to use, the size or the amount of someone’s work you want to use and the effect of its use upon the potential market. If you didn’t find answer on your problem feel free to visit Estate planning attorney orange county page.

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Patent, trademark, servicemark and copyright – differences between these concepts

Posted by on Jan 15, 2016 in Copyright Concepts, Copyright Business

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There are some similarities between patent, trademark, service mark and copyright, which is the reason why many people cannot make a distinct difference between these concepts. However, these concepts differ in various aspects, and they also serve different purposes.

A patent is what protects an invention and grants property rights to its creator, i.e. inventor. Patents can be divided into three categories:

    1. Utility patents, which protect any new invention of a useful process, machine, composition of matter or article of manufacture, or generally – any useful improvement
    2. Design patents, which protect any new and original design for an article of manufacture
    3. Plant patents, which protect any newly invented plant.

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A trademark and a servicemark are quite similar concepts. They both serve to give reference to the source of goods, and to distinguish them from the goods made by others. However, a servicemark is related to the source of a specific service, while a trademark is related to the source of a product, and that is what makes these two concepts different from each other. They serve to prevent others from using the same or confusingly similar mark, but it does not forbid making similar or even the same product but under a different mark. A creator of a particular goods or service needs to file a request to legally make his work a trademark or a service mark.

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A copyright is a protection to the author of a certain piece of work, which needs to be his original creation. It can be granted to the authors of texts, poems, songs, photographs, paintings and many more types of intellectual work. Also, it applies to both published and unpublished work and to work that is completed only by some extent. It is automatically granted to most of the pieces of work the moment they are created, and they can be tangible or intangible (digital). This means that there is no need for the author to file a request for protecting his work.

Copyright protection prevents others from using pars or a whole of someone else’s work for commercial purposes, while the use for non-commercial purposes is restricted by the policy of fair use. Maybe you need help from daytona beach business lawyer , visit our page and found out more.

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What is a copyright-protected work

Posted by on Jan 15, 2016 in Copyright Law

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A copyright work is an original intellectual creation, expressed in a certain form, regardless of its artistic, scientific or other value as well as its size, purpose, contents and way of creation. The Copyright Law requires two basic conditions that a work must meet in order to enjoy legal protection under copyright law:

  1. The piece of work must be the original creation of the author, in the particular creative field,

  2. The piece of work must be expressed in a particular form.

The work that is considered original is the one that is a result of the original authors’ inspiration, which means that the work creates a sense of original, new, unusual and previously unseen work with its consumers (readers, listeners, viewers etc). Originality should not be confused with the novelty of piece of work. Although the two are very similar, they are still observed according to different criteria – originality by subjective and novelty by objective criteria. The difference is significant when you consider that the law only requires originality rather than novelty in order to legally protect a piece of work.

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The expressive form is another essential element to be considered for copyright protection. This is different for different types of work – somewhere it is materialized (books, paintings, photos…), and somewhere it is not (words, pantomime, musical act without notes).

Unfinished works also enjoy legally protected, provided that the expressive form fulfills the requirement of originality. On the other hand, if the piece of work is still in the initial phase, and it does not allow the content of work to be foreseen, it will not be granted copyright protection.

In some countries, a piece of work must fulfill some additional conditions in order to be granted copyright protection, such as publishing of work or the work having the artistic value. If you want to know more about patent attorney please visit our page.

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