A "derivative work" is a
work based upon one or more preexisting works, such as a translation, musical
arrangement, dramatization, fictionalization, motion picture version, sound
recording, art reproduction, abridgment, condensation, or any other form in
which a work may be recast, transformed, or adapted. A work consisting of
editorial revisions, annotations, elaborations, or other modifications, which,
as a whole, represent an original work of authorship, is a "derivative
work".
A "compilation" is formed by the collection and assembling of
preexisting materials or of data that are selected, coordinated, or arranged in
such a way that the resulting work as a whole constitutes an original work of
authorship. The term "compilation" includes collective works.
A “joint work” is one in which each
author has undivided ownership in the intellectual property of the whole. None can unilaterally sell or license the
work. To be considered "joint,"
a work must be prepared with the intent at the time of creation that all the
contributions be merged into a whole.
Each author's work must be both
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independently copyrightable (editing creates a "derivative"
work, not a "joint" work)
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inseparable from the
whole (if it is separable, the work is "collective.")
A “collective work” is a copyrightable collection made up of independently
copyrightable works. The archetypal
example of a collective work is an anthology; other examples include a series
of film shorts or a magazine containing articles by freelance authors.
A “work for hire” is one in which the
copyright belongs not to the creator, but to the creator's employer. A work is
"for hire" if it is
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created "by an employee in the regular scope of
employment" or
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one of 9 types of works created by an independent
contractor if the parties have agreed in writing that it is a work for hire:
(a) collective work
(b) motion picture or other audiovisual work
(c) translation
(d) supplementary work
(e) compilation
(f) instructional text
(g) test
(h) answer to a test
(i) atlas
Courts have not decided whether web
sites are section (b) "audiovisual works."
§ 102.
Copyright in general
Copyright protects original works of
authorship fixed in a tangible medium of expression.
Copyright protection does not extend to
original ideas, procedures, processes, systems, methods of operation, concepts,
principles, or discoveries, regardless of form.
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103. Compilations and derivative works
Copyright in a compilation or
derivative work extends only to the material contributed by the author, not
preexisting materials.
Copyright in a compilation or derivative work is independent of, and does not
affect or change copyright protection in the preexisting materials.
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106. Exclusive rights
Subject to a few exceptions, like fair
use, a copyright owner has the exclusive rights to
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to reproduce the work;
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to prepare derivative works;
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to distribute copies to the public by sale or other
transfers, like rental or loan;
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to perform literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works publicly;
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to display literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or sculptural works, including
motion picture images or other audiovisual works, publicly;
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to perform sound recordings publicly by digital audio
transmission
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107. Fair use
The fair use of a copyrighted work,
including any §106 use, for purposes such as criticism, comment, news
reporting, teaching, scholarship, or research, is not infringement. In figuring
whether a use is “fair,” the factors to be considered include
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the purpose and character of the use, such as whether it is
commercial, nonprofit or educational;
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the nature of the work
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the amount used and its ratio to the whole work; and
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the effect of the use upon the work’s market or value
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201. Copyright ownership
Copyright
vests initially in the author of the work. The authors of a joint work are
co-owners.
An employer or other person for whom a
work is prepared is considered the author for copyright purposes and owner of
all the §106 exclusive rights, unless both parties have expressly agreed
otherwise in a signed, written agreement.
Copyright in each separate contribution
to a collective work is distinct from copyright in the collective work as a
whole. Rights to each contribution
remain in its author. Without an express
transfer of the copyright or rights under it, the owner of copyright in the
collective work is presumed to have acquired only the privilege of reproducing
and distributing the contribution as part of the collective work, its
revisions, and a later collective work in the same series.
Rules for transfer of ownership:
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copyright is personal property and may be transferred in whole
or in part by any legal agreement, operation of law, or by will or intestate
succession
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any
of the §106 exclusive rights, or a part of one, may be transferred and owned
separately. The owner of any exclusive right is entitled, to the extent of that
right, to all of the protection and remedies of a copyright owner
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no one may seize, expropriate, or
exercise rights of ownership over a copyright owner except by bankruptcy.
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202. Ownership of copyright as distinct from material object
Ownership of a copyright or a §106
exclusive right is distinct from ownership of the material object in which the
work is embodied. Transfer of ownership
of the material object does not convey copyright.
The reverse is also true. Transfer of ownership of a copyright or a
§106 exclusive right does not convey property rights in the material object.
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204. Valid transfers of copyright
A transfer of copyright ownership,
other than by operation of law (e.g. divorce decree), is not valid unless
contained in a written agreement, note or memorandum and signed by the owner or
his or her authorized agent. Notarization is not required.
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302. Duration of copyright
Copyright in a work created on or after
For joint works, copyright lasts for
the life of the last surviving author plus fifty years.
For anonymous works, pseudonymous
works, or works made for hire, copyright lasts for 75 years from the year of first
publication, or 100 years from the year of creation, whichever expires
first. If an author is identified,
copyright lasts for the term specified above.
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401. Copyright notice
A notice of copyright may be placed on
publicly distributed copies of a work. Notice on a copy shall consist of three
elements:
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the symbol ©, the word "Copyright", or the
abbreviation "Copr."; and
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the year of first publication of the work; for compilations
or derivative works this is the year of first publication of the compilation or
derivative work; and
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the owner’s
name.
If a notice of copyright appears on a
published copy to which a defendant in a copyright infringement suit had
access, the defendant may not claim innocent infringement in mitigation of
damages.