Академический Документы
Профессиональный Документы
Культура Документы
• January 1, 1978
• To protect visual ar7st’s expressions against
infringement or unauthorized use by others.
VCR Categories
‐not exhaus7ve, but illustra7ve only
• Literary works;
• Musical works, including any accompanying words;
• Drama7c works, including any accompanying music;
• Pantomimes and choreographic works;
• Pictorial, graphic, and sculptural works;
• Mo7on pictures and other audiovisual works;
• Sound recordings;
• Architectural works
Two requirements
• the work must be ORIGINAL
• the work must be FIXED in "any tangible
medium of expression."
Ideas Cannot Be Protected by Copyright
• only the ar7st's par7cular expression of his or
her ideas which may be protected.
• it is permissible under the copyright laws for
someone to express the same ideas to others.
Bizarre and original theme
The Rights of The Copyright Holder
• To reproduce the copyrighted work in copies;
• To prepare deriva7ve works based upon the
copyrighted work;
• To distribute copies of the copyrighted work to
the public;
• To perform the copyrighted work publicly;
• To display the copyrighted work publicly.
Excep7ons
• The owner can "sell or otherwise dispose of"
that copy, but cannot broadcast an image of
the copy to be viewed at other loca7ons other
than the loca7on of the copy.
• “fair use” : non‐commercial purposes
many excep7ons – educa7onal use
• the striking similarity (example)
Copyright No7ce
• the symbol ©, or the word
"Copyright", or the abbrevia7on "Copr.";
• the year of first publica7on of the work;
• the name of the owner of copyright in the
work.
For example
• An appropriate mark for Arty Author who published his work in 1996
would be
©1996 Arty Author
Copyright 1996 Arty Author
Copr. 1996 Arty Author
Copyright Registra7on
(1) An applica7on form (VA;TX;PA;SR;RE);
(2) The registra7on fee (currently $30);
(3) Two complete copies of the work (one copy in the
case of an unpublished work or in the case of a
published pictorial or graphic work in which an
individual owns the copyright)
(4) Other details go to
h2p://www.copyright.gov
COPYRIGHT OWNERSHIP AND TRANSFER
Copyright Ownership
• Ini7al ownership of a copyrightable work vests
automa7cally with the "author" of the work.
Each co‐author/co‐owner of the copyright has an equal
right to exploit the work, with or without the consent
of the other co‐owners, subject to sharing the profits
with other co‐owners according to his or her
ownership interest
Two Excep7ons
• Author is an employee, hired to author such
works.
In this situa7on, the work is called a "work made
for hire" and the ini7al ownership vests in the
employer.
• Specially commissioned works, such as
contribu7ons made to a book, anthologies,
encyclopedias, periodicals or other collec7ve
works, may be treated as "works made for hire".
However, difficult to judge and predict
• The dis7nc7ons between works which are
considered those made for hire or those made
by special commission are becoming blurred.
• A wrioen agreement is needed and suggested
to determine who have the ownership of the
copyright in a work.
The Transfer of Copyright Ownership:
The author may freely transfer ownership of all the
exclusive rights in the work to another party, or,
alterna7vely, he may elect to hold back some of these
rights.
• The author or any owner may transfer any of the exclusive
rights by contract, assignment or by will.
• Any method of conveyance is permioed, provided it is
(1) in wri7ng
(2) signed by the owner of the exclusive right conveyed, or
the owner's authorized agent.
Absent an agreement to the contrary, the
transfer of the material object, i.e., the
tangible work of art, does not convey any
rights in the copyright.
Sample forms for the sale of a work of art
• Contract for an Exhibi7on Loan
• Permission Form for Use of Copyright material
in a Book
• Permission Form for Use of Copyright Material
in Photographer's Book, Product, or Other
• Release Form for Models
• Property Release Form (for use when loaning
works of art for display)
SUMMARY & COMMONLY ASKED
QUESTIONS
• Most original works of art qualify for copyright
protec7on.
• Copyright protec7on is automa7c from the moment
the work is fixed in a tangible form.
• Providing copyright no7ce on the work eliminates any
defense of innocent infringement which an infringer
might otherwise have had, thus increasing the amount
of monetary compensa7on the owner may obtain from
the infringer.
• Registra7on of the copyrighted work is not necessary,
but it is advantageous.
Can a cartoon character be protected
by copyright?
Can a cartoon character be protected
by copyright?
Yes!
For example, a two dimensional image of the copyrighted
cartoon character is protected from copying into any other
medium, whether it be by photograph, photocopy, sculpture,
or scanning onto a computer screen.
Who owns the copyright when a free‐
lance arPst is commissioned to create
the work?
Who owns the copyright when a free‐
lance arPst is commissioned to create
the work?
• Depends on whether the free‐lance ar7st has
entered into a wrioen agreement assigning his
copyright to the commissioning party.
Are engineering drawings protected
by copyright?
Are engineering drawings protected
by copyright?
• Yes!
• Technical drawings are protected by copyright
as a "pictorial, graphic, and sculpural work." It
is not necessary that the subject maoer
protected by copyright cons7tute what is
normally thought of as "art."
May a publisher buy a painPng from an
arPst and publish an altered version of it
without the arPst's permission?
May a publisher buy a painPng from an
arPst and publish an altered version of it
without the arPst's permission?
• No, provided that the copyright in the pain7ng
is owned by the ar7st and the copyright has
not expired, or provided that the altera7on
cons7tutes a viola7on of the ar7st's right of
aoribu7on and integrity.
Is permission required from the copyright
owner before copying old movie sPlls and
distribuPng these sPlls to the public?
Is permission required from the copyright
owner before copying old movie sPlls and
distribuPng these sPlls to the public?
• This depends on whether the copyright in the
old movie is s7ll in force.
• If it is, permission is required. If not, then
anyone is free to copy and distribute the s7lls.
How do you determine if a work is
protected by copyright?
• Dura7on of copyright:
hop://www.uspaten7nfo.com/copyright.html#appc
• Digital Copyright Slider:
hop://www.librarycopyright.net/digitalslider/
How do you determine if a work is
protected by copyright?
Although copyright protec7on is automa7c, full
benefit of the rights and remedies provided
under the copyright laws are available only to
those who place the proper no7ce of
copyright on their work and to those who
register their copyright within three months
aser first publica7on.
Thank you!