Copyright. A reasonable and limited use of a copyrighted work without the author’s permission, such as quoting from a book in a book review or using parts of it in a parody. • Fair use is a defense to an infringement claim, depending on the following statutory factors: (1) the purpose and character of the […]
fixed in a tangible medium of expression. Copyright. (Of a work) embodied in a physical form that is made by the author or under the author’s authority and that is either permanent or stable enough to be perceived, reproduced, or otherwise communicated. • A work consisting of sounds, images, or both that is being transmitted
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Copyright. An author’s contractual warranty that the work is an original work by that author. [Cases: Copyrights and Intellectual Property 49. C.J.S. Copyrights and Intellectual Property §§ 27, 30, 33–34, 93.]
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fair use. Copyright. A reasonable and limited use of a copyrighted work without the author’s permission, such as quoting from a book in a book review or using parts of it in a parody. • Fair use is a defense to an infringement claim, depending on the following statutory factors: (1) the purpose and character
Archaic. The public distribution of an author’s work on a scale large enough to qualify for federal statutory copyright protection. • Since 1976 copyright has protected works from their creation, rather than their publication.
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originality. Copyright. 1. The quality or state of being the product of independent creation and having a minimum degree of creativity. • Originality is a requirement for copyright protection. But this is a lesser standard than that of novelty in patent law: to be original, a work does not have to be novel or unique.
Distribution of copies of an author’s work to a selected group for a limited purpose and with no permission to copy the work, at a time when copies are not available to the general public. • Before the Copyright Act of 1976 made publication irrelevant, courts distinguished between limited publication and general publication to decide
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Berne Additional Protocol. Copyright. A 1914 amendment to the Berne Convention providing for reprisals against a foreign national who publishes simultaneously in both a member nation and the author’s own nonmember and nonreciprocating country. • The reprisal was aimed at the United States, which until 1989 refused to join the Berne Convention but whose citizens
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universalist movement. Copyright. A 19th-century campaign in Europe to recognize a worldwide copyright law based on an author’s moral rights. “The universalist movement evolved both in and out of France, starting with an international Congress of Authors and Artists in Brussels in 1858, attended by delegates of literary societies and universities, as well as by
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Distribution of an author’s work to the public, as opposed to a selected group, whether or not restrictions are placed on the use of the work. • Before the Copyright Act of 1976, a general publication was generally held to divest common-law rights in a work. Rather, the author was deemed to have dedicated the
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