Copyright law in the context of "Derivative work"

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⭐ Core Definition: Copyright law

A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealing doctrine in the United Kingdom.

Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution.

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πŸ‘‰ Copyright law in the context of Derivative work

In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work (the underlying work). The derivative work becomes a second, separate work independent from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works.

Most countries' legal systems seek to protect both original and derivative works. They grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author.

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Copyright law in the context of Author

In legal discourse, an author is the creator of an original work that has been published, whether that work exists in written, graphic, visual, or recorded form. The act of creating such a work is called authorship, which means a sculptor, painter, or composer is considered the author of their respective sculptures, paintings, or musical compositions. Although in common usage, the term "author" is often associated specifically with the writer of a book, article, play, or other written work. In cases involving a work for hire, the employer or commissioning party is legally considered the author of the work, even if it was created by someone else.

Typically, the first owner of a copyright is the creator of the copyrighted work, i.e., the author. If more than one person created the work, then joint authorship has taken place. Copyright law differs around the world. The United States Copyright Office, for example, defines copyright as "a form of protection provided by the laws of the United States (title 17, U.S. Code) to authors of 'original works of authorship.'"

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Copyright law in the context of Legal deposit

Legal deposit is a legal requirement that mandates individuals or organizations to submit copies of their publications to a designated repository, typically a national library. The number of copies required varies by country. In some jurisdictions, governments are also subject to legal deposit obligations and must provide copies of official documents to publicly accessible libraries. These requirements exist to preserve a nation's published heritage and ensure long-term access to information.

The legislation governing legal deposit requirements varies by country; in some cases, it is enshrined in copyright law, while in others, it is established through separate legal deposit or library-specific statutes. Until the late 20th century, legal deposit covered only printed and audiovisual materials. However, in the 21st century, most countries have extended their legislation to include digital documents. In 2000, UNESCO published a new and enlarged edition of Jean Lunn's 1981 Guidelines for Legal Deposit Legislation, which addresses the issue of electronic formats in its recommendations for the construction of legal deposit legislation.

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Copyright law in the context of Work for hire

In copyright law, a work made for hire (work for hire or WFH) is a work whose copyright is initially owned by an entity other than the actual creator as a result of an employment relationship or, in some cases, a commission. It is an exception to the general rule that the person who actually creates a work is the legally-recognized author of that work.

In the United States, United Kingdom, and several other jurisdictions, if a work is created by an employee as part of their job duties, the employer is considered the legal author or first owner of copyright. In some countries, this is known as corporate authorship. The entity serving as an employer may be a corporation or other legal entity, an organization, or an individual.

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Copyright law in the context of Limitations and exceptions to copyright

Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner.

Limitations and exceptions to copyright relate to a number of important considerations such as market failure, freedom of speech, education and equality of access (such as by the visually impaired). Some view limitations and exceptions as "user rights"β€”seeing user rights as providing an essential balance to the rights of the copyright owners. There is no consensus among copyright experts as to whether user rights are rights or simply limitations on copyright. The concept of user rights has been recognised by courts, including the Canadian Supreme Court, which classed "fair dealing" as such a user right. These kinds of disagreements in philosophy are quite common in the philosophy of copyright, where debates about jurisprudential reasoning tend to act as proxies for more substantial disagreements about good policy.

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Copyright law in the context of Barbara Ringer

Barbara Ringer (May 29, 1925 – April 9, 2009) was one of the lead architects of the 1976 Copyright Act. She spent much of her career lobbying Congress and drafting legislation that overhauled the 1909 Copyright Act. Ringer was also the first woman to serve as the Register of Copyrights in the United States Copyright Office. During her three decades with the United States Copyright Office, Ringer gained a reputation as an authority on copyright law.

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Copyright law in the context of WIPO Copyright Treaty

The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2023, the treaty has 115 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties".

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