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Jac Londe

U.S. Code: Title 17 - COPYRIGHTS | LII / Legal Information Institute - 48 views

www.law.cornell.edu/...17

u s code scope exclusive graphic works information copyright Title 17

shared by Jac Londe on 23 Jan 14 - No Cached
  • U.S. Code › Title 17 U.S. Code: Title 17 - COPYRIGHTS
  • CHAPTER 1—SUBJECT MATTER AND SCOPE OF COPYRIGHT (§§ 101–122) CHAPTER 2—COPYRIGHT OWNERSHIP AND TRANSFER (§§ 201–205) CHAPTER 3—DURATION OF COPYRIGHT (§§ 301–305) CHAPTER 4—COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION (§§ 401–412) CHAPTER 5—COPYRIGHT INFRINGEMENT AND REMEDIES (§§ 501–513) CHAPTER 6—IMPORTATION AND EXPORTATION (§§ 601–603) CHAPTER 7—COPYRIGHT OFFICE (§§ 701–710) CHAPTER 8—PROCEEDINGS BY COPYRIGHT ROYALTY JUDGES (§§ 801–805) CHAPTER 9—PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS (§§ 901–914) CHAPTER 10—DIGITAL AUDIO RECORDING DEVICES AND MEDIA (§§ 1001–1010) CHAPTER 11—SOUND RECORDINGS AND MUSIC VIDEOS (§ 1101) CHAPTER 12—COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS (§§ 1201–1205) CHAPTER 13—PROTECTION OF ORIGINAL DESIGNS (§§ 1301–1332)
  • Jac Londe on 23 Jan 14
     
    Everything to you must know about copyrights for your work and the work of your students.
Jac Londe

17 U.S. Code § 113 - Scope of exclusive rights in pictorial, graphic, and scu... - 10 views

www.law.cornell.edu/...113

u s code scope exclusive graphic works information

shared by Jac Londe on 23 Jan 14 - No Cached
  • U.S. Code › Title 17 › Chapter 1 › § 113 17 U.S. Code § 113 - Scope of exclusive rights in pictorial, graphic, and sculptural works
  • (a) Subject to the provisions of subsections (b) and (c) of this section, the exclusive right to reproduce a copyrighted pictorial, graphic, or sculptural work in copies under section 106 includes the right to reproduce the work in or on any kind of article, whether useful or otherwise.
  • (b) This title does not afford, to the owner of copyright in a work that portrays a useful article as such, any greater or lesser rights with respect to the making, distribution, or display of the useful article so portrayed than those afforded to such works under the law, whether title 17 or the common law or statutes of a State, in effect on December 31, 1977, as held applicable and construed by a court in an action brought under this title.
  • ...8 more annotations...
  • (c) In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.
  • (d) (1) In a case in which— (A) a work of visual art has been incorporated in or made part of a building in such a way that removing the work from the building will cause the destruction, distortion, mutilation, or other modification of the work as described in section 106A (a)(3), and
  • (B) the author consented to the installation of the work in the building either before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, or in a written instrument executed on or after such effective date that is signed by the owner of the building and the author and that specifies that installation of the work may subject the work to destruction, distortion, mutilation, or other modification, by reason of its removal,
  • then the rights conferred by paragraphs (2) and (3) of section 106A (a) shall not apply.
  • (2) If the owner of a building wishes to remove a work of visual art which is a part of such building and which can be removed from the building without the destruction, distortion, mutilation, or other modification of the work as described in section 106A (a)(3), the author’s rights under paragraphs (2) and (3) of section 106A (a) shall apply unless—
  • (A) the owner has made a diligent, good faith attempt without success to notify the author of the owner’s intended action affecting the work of visual art, or (B) the owner did provide such notice in writing and the person so notified failed, within 90 days after receiving such notice, either to remove the work or to pay for its removal.
  • For purposes of subparagraph (A), an owner shall be presumed to have made a diligent, good faith attempt to send notice if the owner sent such notice by registered mail to the author at the most recent address of the author that was recorded with the Register of Copyrights pursuant to paragraph (3). If the work is removed at the expense of the author, title to that copy of the work shall be deemed to be in the author.
  • (3) The Register of Copyrights shall establish a system of records whereby any author of a work of visual art that has been incorporated in or made part of a building, may record his or her identity and address with the Copyright Office. The Register shall also establish procedures under which any such author may update the information so recorded, and procedures under which owners of buildings may record with the Copyright Office evidence of their efforts to comply with this subsection.
Jac Londe

17 U.S. Code § 106A - Rights of certain authors to attribution and integrity ... - 1 views

www.law.cornell.edu/...106A

u s rights authors attribution integrity information

shared by Jac Londe on 23 Jan 14 - No Cached
  • (a) Rights of Attribution and Integrity.— Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art— (1) shall have the right—
  • (A) to claim authorship of that work, and
  • (B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create;
  • ...10 more annotations...
  • (2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and
  • (3) subject to the limitations set forth in section 113 (d), shall have the right— (A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.
  • (b) Scope and Exercise of Rights.— Only the author of a work of visual art has the rights conferred by subsection (a) in that work, whether or not the author is the copyright owner. The authors of a joint work of visual art are coowners of the rights conferred by subsection (a) in that work.
  • (4) All terms of the rights conferred by subsection (a) run to the end of the calendar year in which they would otherwise expire.
  • (d) Duration of Rights.— (1) With respect to works of visual art created on or after the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, the rights conferred by subsection (a) shall endure for a term consisting of the life of the author.
  • (2) With respect to works of visual art created before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, but title to which has not, as of such effective date, been transferred from the author, the rights conferred by subsection (a) shall be coextensive with, and shall expire at the same time as, the rights conferred by section 106.
  • (3) In the case of a joint work prepared by two or more authors, the rights conferred by subsection (a) shall endure for a term consisting of the life of the last surviving author.
  • (c) Exceptions.— (1) The modification of a work of visual art which is a result of the passage of time or the inherent nature of the materials is not a distortion, mutilation, or other modification described in subsection (a)(3)(A). (2) The modification of a work of visual art which is the result of conservation, or of the public presentation, including lighting and placement, of the work is not a destruction, distortion, mutilation, or other modification described in subsection (a)(3) unless the modification is caused by gross negligence. (3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B) of the definition of “work of visual art” in section 101, and any such reproduction, depiction, portrayal, or other use of a work is not a destruction, distortion, mutilation, or other modification described in paragraph (3) of subsection (a).
  • (e) Transfer and Waiver.— (1) The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrument shall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors.
  • (2) Ownership of the rights conferred by subsection (a) with respect to a work of visual art is distinct from ownership of any copy of that work, or of a copyright or any exclusive right under a copyright in that work. Transfer of ownership of any copy of a work of visual art, or of a copyright or any exclusive right under a copyright, shall not constitute a waiver of the rights conferred by subsection (a). Except as may otherwise be agreed by the author in a written instrument signed by the author, a waiver of the rights conferred by subsection (a) with respect to a work of visual art shall not constitute a transfer of ownership of any copy of that work, or of ownership of a copyright or of any exclusive right under a copyright in that work.
Jac Londe

17 U.S. Code § 106 - Exclusive rights in copyrighted works | LII / Legal Info... - 1 views

www.law.cornell.edu/...106

u s code exclusive rights works information

shared by Jac Londe on 23 Jan 14 - No Cached
  • 17 U.S. Code § 106 - Exclusive rights in copyrighted works
  • Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
Jac Londe

17 U.S. Code § 107 - Limitations on exclusive rights: Fair use | LII / Legal ... - 2 views

www.law.cornell.edu/...107

u s code exclusive rights works information copyright fair use Legal

shared by Jac Londe on 23 Jan 14 - No Cached
  • Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Robert Appino

gladwell dot com - something borrowed - 86 views

www.gladwell.com/...2004_11_25_a_borrowed.html

gladwell copyright CoETaIL CoETaIL2 ssischool

shared by Robert Appino on 12 Feb 12 - Cached
  • Under copyright law, what matters is not that you copied someone else's work. What matters is what you copied, and how much you copied. Intellectual-property doctrine isn't a straightforward application of the ethical principle "Thou shalt not steal." At its core is the notion that there are certain situations where you can steal. The protections of copyright, for instance, are time-limited; once something passes into the public domain, anyone can copy it without restriction.
    • Robert Appino
      Robert Appino on 12 Feb 12
       
      This is the key to copyright according to Gladwell.
  • initial monopoly on your creation because we want to provide economic incentives for people to invent things like cancer drugs. But everyone gets to steal your breast-cancer cure—after a decent interval—because it is also in society's interest to let as many people as possible copy your invention; only then can others learn from it, and build on it, and come up with better and cheaper alternatives. This balance between the protecting and the limiting of intellectual property
  • Constitution: "Congress shall have the power to promote the Progress of Science and useful Arts, by securing for limited"—note that specification, limited—"Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."
  • ...7 more annotations...
  • In ordinary language, to call a copyright a "property" right is a bit misleading, for the property of copyright is an odd kind of property. . . . I understand what I am taking when I take the picnic table you put in your backyard. I am taking a thing, the picnic table, and after I take it, you don't have it. But what am I taking when I take the good idea you had to put a picnic table in the backyard—by, for example, going to Sears, buying a table, and putting it in my backyard? What is the thing that I am taking then? The point is not just about the thingness of picnic tables versus ideas, though that is an important difference. The point instead is that in the ordinary case—indeed, in practically every case except for a narrow range of exceptions—ideas released to the world are free. I don't take anything from you when I copy the way you dress—though I might seem weird if I do it every day. . . . Instead, as Thomas Jefferson said (and this is especially true when I copy the way someone dresses), "He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me."
  • arguments that Lessig has with the hard-core proponents of intellectual property are almost all arguments about where and when the line should be drawn between the right to copy and the right to protection from copying, not whether a line should be drawn.
  • when it comes to literature, we have somehow decided that copying is never acceptable.
  • A successful music executive has to understand the distinction between borrowing that is transformative and borrowing that is merely derivative, and that distinction, I realized, was what was missing from the discussion of Bryony Lavery's borrowings.
  • problem with plagiarism. It is not merely extremist. It has also become disconnected from the broader question of what does and does not inhibit creativity.
  • But the truth is that Lavery has every right to create an affair for Agnetha, because Agnetha is not Dorothy Lewis. She is a fictional character, drawn from Lewis's life but endowed with a completely imaginary set of circumstances and actions.
  • dred and seventy-five rather ordinary words could bring the walls tumbling down.
LaToya Morris

Let Me Explain - 29 views

www.youtube.com/watch

copyright fair use

shared by LaToya Morris on 30 Sep 10 - No Cached
  • LaToya Morris on 30 Sep 10
     
    This is a youtube video posted that includes six minutes of valuable information on exclusive rights as well as copyrights.
Jac Londe

Google Terms of Service - 30 views

www.google.com/TOS

Google TOS Docs license copyright copyrights

shared by Jac Londe on 04 Jul 11 - Cached
  • 11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Google to display, distribute and promote the Services
  • 11.2 You agree that this license includes a right for Google to make such Content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. 11.3 You understand that Google, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Google to take these actions.
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