Mary Jackson Pitts, Ph.D.

 

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mpitts@astate.edu

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Copyright--a proprietary right of control over literary or artistic creations.

Falls under federal jurisdiction.

Purpose--Is to encourage creative production for the ultimate benefit of society at large.

This is accomplished by giving individual writers, artists, and media organizations control over how and when their works will be exploited commercially.

 

 

Berne Convention Implementation act of 1988-- took effect March 1, 1989. Brings U. S. Law into accord with an international copyright agreement.

COPYRIGHT applies to original works of authorship, fixed in any tangible medium of expression.

Work of authorship refers to any creation that is primarily expressive in nature.

Seven categories of works of authorship.

1) literary works:

2) Musical works, including accompanying music:

3) Dramatic works, including accompanying music;

4) pantomimes and choreographic works;

5) pictorial, graphic, and sculptural works;

6) motion pictures and other audiovisual works: and

7) sound recordings.

Computer programs are considered literary works.

 

If there is only one way to state something, it is not copyrightable.

ORIGINALITY--Means the author created the work--that is not a reproduction of existing material.

Compilations and derivative works are protected under the Copyright Act.

A compilation is a work formed by the collection and assembly of preexisting information.

A derivative work is defined as a work based upon one or more preexisting works, such as a translation, dramatization, fictionalization, condensation, or nay other form in which the preexisting work is recast or adapted in some way.

FIXATION--- The creative work must be fixed in a tangible medium. The work must be found on paper, film, tape, disk.

 

DURATION OF OWNERSHIP--

  • "Any work published on or before December 31, 1922 is now in the public domain.
  • Works published between January 1, 1923 and December 31, 1978, inclusive, are protected for a term of 95 years from the date of publication, with the proper notice.

    But, if the work was published between 1923 and December 31, 1963, when there used to be a (non-automatic) "renewal term," the copyright owner may not have renewed the work. If he or she did not renew, the original term of protection (28 years) would now be expired and these works will be in the public domain.

  • After 1978, the way we measure the term of protection changes. It is no longer related to a date of publication, but rather runs for 70 years from the date the author dies (called, "life of the author" plus 70 years). Further, publication is irrelevant. Works are protected whether they are published or not.
  • Finally,  those works that were created before December 31, 1978, but never published, are now protected for the longer of life of the author plus 70 years or until December 31, 2002."

http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm#rules

 

Copyright Extension Act or Sunny Bono Copyright Extension Act  1998

 

 

For works made for hire: 95 years   from the date of creation

Unpublished works made for hire 120 from the year of creation.

Digital Millennium Copyright Act--copyright and the law.

 

Cable and copyright---Copyright Royalty Tribunal. Congress ended it in 1993.

All copyrights end on December 31 of the year.