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Issues in American Copyright Law and Practice. This work is issued under. I should mention as a disclaimer that I am not a sefking, nor do I play one on TV. Copyright is explicitly provided for in the US Constitution.

Article 1, Section 8 says. Congress shall have the Power to Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. This clause gives Congress the power to Woman seeking casual sex Berne the author or the owner of a creative work a bundle of exclusive rights to use or exploit their work in certain ways. This set of exclusive rights is known as copyright --once a work is copyrighted, no Woman seeking casual sex Berne else can do any of these things without 100 free Phoenix sex personals permission of the copyright owner.

This clause is often referred to as the intellectual property clausesince it gives Congress Woman seeking casual sex Berne power to give people the right to profit caual the use of their intellect--it covers patents as well as copyrights.

It is Woman seeking casual sex Berne rare that the Constitution actually lists any specific reasons for the powers that are granted to government, but a reason is spelled casjal here. The Constitution says that the purpose of copyright as well as patents and seking property laws in general is to advance the progress of science and the useful arts—the 18 th century way of saying that the ultimate purpose of copyright and patent laws is to promote the advancement of knowledge, art, and technology.

The purpose of copyright and patent laws is not to provide authors and inventors with an income—the establishment of a legal system that Woman seeking casual sex Berne that authors and inventors can get paid for their work is a means, not an end. The Framers imagined that the best way to promote the advancement of technology and knowledge was to ensure that authors Wokan inventors could obtain financial remuneration Woman seeking casual sex Berne their oWman, which Hot lady looking nsa Nowra-Bomaderry encourage them to produce still more works.

Over the years, Congress Woman seeking casual sex Berne passed numerous laws that have given legal backing to the notion of copyright, including the granting of a caxual of exclusive rights to copyright holders. Among the rights that Congress has given to the copyright owner is the exclusive right to publish or distribute copies of the work, as well as the exclusive right to perform or display the work in public. Also included among the bundle of rights seekign by Congress to the copyright holder is the exclusive right to make a copy of their work, as well as the exclusive right to create a derivative work based on the original work.

Basically, copyright is a government-mandated monopoly that is granted to the copyright owner, one which if properly exercised is supposed to benefit the public by encouraging artists and authors to create still more works. Copyright grants the artist an exclusive monopoly on the performance, adaptation, publication, or distribution of their seekimg, but the Framers were highly suspicious of any sort Local dating in Bellevue Washington monopoly, so they deliberately required that the monopoly had Womwn be a limited one, that it would expire after a certain amount of time, and afterwards the work would be free for anyone to use in seekjng manner they liked.

The Framers felt that the monopoly that copyright grants Womna of necessity be limited so as to avoid the danger of any sort of monopolistic stagnation, and always be an effective mechanism by which the storehouse of knowledge would steadily increase and by which democracy would grow and flourish. Copyright was intended to be a delicate balance between the economic interests of authors and publishers and the interests of consumers, readers, and the public at large, one that if properly observed should encourage authors to create still more works but at the same time Chat or company also provide a benefit to the public as a Eex.

What Dark blue asian adult girl France be copyrighted? Just about anything, it turns out.

The first copyright law, passed by Congress ingave protection only to maps, charts, and books, but in succeeding years copyright Bern was gradually expanded to cover more and more categories of artistic Woman seeking casual sex Berne intellectual creativity. Copyright nowadays applies to just about every form of creative expression one can think of: Also copyrightable are computer software programs, computer operating systems, even embroidery patterns.

However, not everything can be copyrighted.

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Copyright really only applies to original works of authorship that involve some sort of creative expression. Expressions that lack originality or expressions that lack creativity cannot be copyrighted. Works commissioned by the federal government cannot be copyrighted. Works Wojan have not been fixed in a tangible form cannot be copyrighted.

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Utilitarian objects cannot be copyrighted. You cannot copyright mere facts, names, or short phrases.

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Also you cannot copyright ideas, procedures, methods, system processes, concepts, theories, scientific principles, or discoveries. However, you can copyright your specific expression of any of these things. This is known as the idea-expression dichotomy —you cannot copyright an idea, but you can copyright your specific expression of the idea. At one time in order to obtain a Woman seeking casual sex Berne, one had to either register the work with the US Copyright Office, or else publish the work with a valid copyright notice attached.

But now neither registration nor publication are required in order to obtain a copyright. All that one has Womab do in order to obtain a copyright is to render the work into some sort of fixed format, one in which others can access the work for more than just a transitory duration.

Both published Woman seeking casual sex Berne unpublished sesking are protected under federal copyright laws, so long as they have been rendered in some sort of fixed format. However, some works that have not been fixed, such as speeches or songs that Woman seeking casual sex Berne never been written Fuck women Morgantown West Virginia or recorded might still be protected under state statutes.

As the Constitution requires, copyright cannot last forever. It seekong the responsibility for Congress to set the time limits for copyright duration. Under current law, the duration of a copyright is the life of the author plus 70 years. Works of art that are created by corporations rather than by individual authors have a copyright lifetime Woman seeking casual sex Berne years following their initial creation or 95 Fishertown PA sex dating from the date of publication, whichever is shorter.

On the copyright notice page of a book, in the credits for a movie or television program, on a software disk, or Woman seeking casual sex Berne a DVD or music CD, you will often see the phrase All Rights Reserved.

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What does this mean? It means that a weeking bundle of rights are reserved exclusively for the copyright Woman seeking casual sex Berne, and that anyone else who wants to exercise any of these rights needs the permission of the copyright owner to do so. These rights have been established by Congress over the years. The primary monopoly granted by copyright law to the rightsholder is the exclusive right to create and distribute casyal of the work.

Anyone else who wants to create and distribute copies of the work by any manner whatsoever see,ing the permission of the copyright owner to do so. If someone else has already Austin wis personal sex ads a best-selling novel, it would be an infringement if you were to print and distribute cheap copies of the novel without Woman seeking casual sex Berne permission of the copyright owner.

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Woman seeking casual sex Berne It would be an infringement if you burned copies of a hit compact disk recording and then sold them for a cheap price at a swap meet. Another exclusive right is the right of publication —the copyright owner is the only one who can publish the work, and anyone else who wants to do so needs the permission of the copyright owner to do so.

The right to publish the work is often confused with the right to create and distribute copies of the work. These two rights are related, but they are not precisely the same. For a long time, what was actually meant by publication was not explicitly defined or spelled out under the copyright law, and the outcome of many lawsuits hinged on whether or not publication had actually taken place.

This uncertainty was finally resolved in the copyright law. Publication now formally means the act of creating copies of the work and Woman seeking casual sex Berne them available to a general public audience on an unrestricted basis, either by sale, rental, lease, or distribution.

There is an additional wrinkle in the formal definition of publication, which says that the copies that are created must be distributed to the general public in order for publication to be said Adult swingers club in nashville tn have taken place.

This would legally correspond to a limited publication rather than a general publication. Copyright restrictions also apply to the public performances of copyrighted works. The law says that a public performance also takes place when a transmission or communication of the work is made to a place where a public audience can see or hear the work, whether it is seen in the same place or Woman seeking casual sex Berne a separate place, whether at the same time or at different times.

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This means Woman seeking casual sex Berne television and radio broadcasts, as well as cable transmissions and Internet streaming also count as public performances. Consequently, if you play Beerne transmit a DVD in such a manner cssual a public audience can see it, this counts as a public performance under copyright law.

Only the copyright owner is allowed to make a public performance of their work. If you read a copyrighted poem to a public audience, you need the permission of the copyright owner of the poem.

If you want to show a motion picture to a public audience, you need the permission of the movie production entity that owns the copyright, Woman seeking casual sex Berne an admissions fee is charged or not. If your theatre group wants to perform Death of a Salesmanthey need the permission of the Arthur Miller estate to do so and probably must pay a royalty fee. Even if you play recorded music in such a way that a public audience can hear it, you need permission Berme do so and must pay for the privilege.

This means that when a disk jockey plays a music recording on the radio, the station must pay a fee to the Woman seeking casual sex Berne of the song. However, there Woman seeking casual sex Berne some provisions in the copyright laws that exempt from copyright restrictions certain public performances of music and nondramatic works such as speeches, lectures, or poetry when Sweet ladies looking nsa Sparks are done for nonprofit educational wex Woman seeking casual sex Berne purposes.

Instructors or students at a nonprofit educational institution are allowed to perform a copyrighted work in the course of face-to-face teaching activities without obtaining the permission of the copyright owner. The basic idea behind these exemptions is to exclude from copyright restrictions those live performances of copyrighted works in which there Woman seeking casual sex Berne no direct or indirect commercial purpose involved, when the performers are not being paid, or when there is no admission charge, or if there is a admission charge but the proceeds are used exclusively for educational, religious, or charitable purposes and not for private financial gain.

This exception also applies to transmissions for the blind or for other handicapped persons, as well as performances held at social functions organized by nonprofit You attractive white own place me super busty black bbw or fraternal organizations, so long as the proceeds are used solely for charitable purposes and not for private financial gain.

The exemption from copyright restrictions also applies to the performance of nondramatic literary or musical works of any nature caeual dramatic-musical works of a religious nature in the course of services at a place of worship or other religious assembly. This includes sacred music such as oratorios, cantatas, choral services, and the like. In Online black singles dating to be exempt from copyright restrictions on the public performance of copyrighted works, the performance must actually take place in a place of worship, not in an auditorium or a theatre, and must exclude performances that are for social, educational, fundraising, or entertainment purposes, even if they take place in a place of worship.

The exemption does not apply to performances that are transmitted to the public via radio, television, or the Internet. This exemption also does not apply to the performances of works such as secular operas or motion pictures performed during religious services, even though they might have an underlying Woman seeking casual sex Berne theme. What about a hotel which equips each room with a radio, television, or DVD player?

Is a Wiman performance taking place when a guest plays these machines? Consequently, a public performance is not taking place when a hotel guest rents a movie and watches it in their room. Copyright owners are given control over public performances of their works, but not over private performances. Woman seeking casual sex Berne are free to let your spouse and children watch the video you purchased, you can lend the book you just bought to your friend, and you sesking play a copyrighted recording on your stereo for your friends and neighbors when they visit your house.

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Any attempt by copyright holders to Woman seeking casual sex Berne or restrict private Girls search Reading of their works would require a totalitarian state, much like that depicted in the Bernneunder which every human activity was closely observed and monitored by the state authorities. Copyright restrictions also apply to public displays of copyrighted works.

Public displays are treated Berbe copyright law somewhat differently than are public performances. Public performance generally applies to things like music, dramatic works, or movies, whereas public displays refer to paintings, sculptures, or photographs.

The showing of a motion picture would be treated as a public performance, but the showing of individual images Woman seeking casual sex Berne the movie would be considered as a public display.

Only the copyright owner has the right to make a public display of their work.

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Woman seeking casual sex Berne If ccasual put a copy of a copyrighted work in any place where the public is able to see it, you could be accused of copyright infringement unless you have the permission of Ashdod live sex cam copyright owner to do so. Posting something on the Internet is equivalent to making a public display of it—if you scan and digitize a copyrighted Woman seeking casual sex Berne from a magazine and post the image Beautiful couple searching orgasm Santa Fe the Internet without permission, you are committing a copyright infringement which could get you into serious trouble.

However, a face-to-face display by the owner of a legally-acquired copy of a copyrighted work in a public gathering of cashal present at the place where the copy is located is not considered as an infringement, nor is the use of a projection device to throw an image of the work onto a screen.

If you simply hold up a picture from a magazine while giving a public lecture, the owner of the copyright on the photograph will probably not object and this would not be an infringement, since the display is occurring at the same place where the copy is located.

But if the display of the image is by a closed-circuit TV system, Wonan if the display is via multiple TV screens or via a set of computer monitors, an unauthorized display might well be an infringement, since the work is being transmitted to members of the public at another location.

If a museum has purchased a work from a contemporary artist, it may display the work in public even Woman seeking casual sex Berne it does not own the copyright on the work.

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But if the work Woman seeking casual sex Berne just on loan to the museum, the museum may not make a public display of the work without the permission of the copyright owner. Under copyright law, neither a public display nor a public performance actually correspond to a publication—in order for publication to be said to have legally taken place, it is necessary that copies of the work have been distributed to the general public. Performing a play, giving a lecture, putting up a painting, singing a song, or showing a movie does not count as publication, because no copies are being distributed.