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Authors
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 referred to as authorship. Therefore, 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 (publishing), article, Play (theatre), 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 laws differ around the world. The United States Copyright Office, for example, defines copyright as "a ...
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Joint Authorship
Joint authorship of a copyrightable work is when two or more persons contribute enough to the work to be the author of that work. In the case of joint authorship, the authors share the copyright in the work with each other. International conventions Article 7bis
of the Berne Convention states the term of protection for works of joint authorship and extends the general terms of protection provided unde
Article 7
to works of joint authorship, under the condition that the term of copyright protection must be measured from the death of the last surviving author. But the Berne Convention doesn’t define what works of joint authorship are ...
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Copyright
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 dealings 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. Copyrights can be granted by ...
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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 and exceptions to copylimitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings 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, Performing rights, public performance, and moral rights such ...
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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. The work for hire doctrine originated in United States copyright law, but other countries have adopted similar legal principles. In the jurisprudence of copyright law of the United Kingdom, the United Kingdom and Copyright law of India, India, the hiring party ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Book
A book is a structured presentation of recorded information, primarily verbal and graphical, through a medium. Originally physical, electronic books and audiobooks are now existent. Physical books are objects that contain printed material, mostly of writing and images. Modern books are typically composed of many pages bound together and protected by a cover, what is known as the '' codex'' format; older formats include the scroll and the tablet. As a conceptual object, a ''book'' often refers to a written work of substantial length by one or more authors, which may also be distributed digitally as an electronic book ( ebook). These kinds of works can be broadly classified into fiction (containing invented content, often narratives) and non-fiction (containing content intended as factual truth). But a physical book may not contain a written work: for example, it may contain ''only'' drawings, engravings, photographs, sheet music, puzzles, or removable content like ...
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Public Domain
The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare, Ludwig van Beethoven, Miguel de Cervantes, Zoroaster, Lao Zi, Confucius, Aristotle, L. Frank Baum, Leonardo da Vinci and Georges Méliès are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by a country's copyright laws, and are therefore in the public domain; for example, in the United States, items excluded from copyright include the formulae of Classical mechanics, Newtonian physics and cooking recipes. Other works are actively dedicated by their authors to the public domain (see waiver) ...
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Copyright Clause
The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 8). The clause, which is the basis of copyright and patent laws in the United States, states that: History On August 18, 1787, the Constitutional Convention was in the midst of a weeks-long stretch of proposals to establish what would become the enumerated powers of the United States Congress. Three such proposals made on that day addressed what are now lumped together under intellectual property rights. One, by Charles Pinckney was "to secure to authors exclusive rights for a limited time". The other two were made by James Madison, who had previously served on a committee of the Congress established under the Articles of Confederation which had encouraged the individual states to adopt copyright legislation. Madison proposed that the Constitution per ...
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Satirize
Satire is a genre of the visual, literary, and performing arts, usually in the form of fiction and less frequently non-fiction, in which vices, follies, abuses, and shortcomings are held up to ridicule, often with the intent of exposing or shaming the perceived flaws of individuals, corporations, government, or society itself into improvement. Although satire is usually meant to be humorous, its greater purpose is often constructive social criticism, using wit to draw attention to both particular and wider issues in society. Satire may also poke fun at popular themes in art and film. A prominent feature of satire is strong irony or sarcasm—"in satire, irony is militant", according to literary critic Northrop Frye— but parody, burlesque, exaggeration, juxtaposition, comparison, analogy, and double entendre are all frequently used in satirical speech and writing. This "militant" irony or sarcasm often professes to approve of (or at least accept as natural) the ...
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Writer
A writer is a person who uses written words in different writing styles, genres and techniques to communicate ideas, to inspire feelings and emotions, or to entertain. Writers may develop different forms of writing such as novels, short stories, monographs, travelogues, plays, screenplays, teleplays, songs, and essays as well as reports, educational material, and news articles that may be of interest to the general public. Writers' works are nowadays published across a wide range of media. Skilled writers who are able to use language to express ideas well, often contribute significantly to the cultural content of a society. The term "writer" is also used elsewhere in the arts and music, such as songwriter or a screenwriter, but also a stand-alone "writer" typically refers to the creation of written language. Some writers work from an oral tradition. Writers can produce material across a number of genres, fictional or non-fictional. Other writers use multiple medi ...
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Anonymous Work
Anonymous works are works, such as art or literature, that have an anonymous, undisclosed, or unknown creator or author. In the case of very old works, the author's name may simply be lost over the course of history and time. There are a number of reasons anonymous works arise. Legal definitions United States In the United States, anonymous work is legally defined as "a work on the copies or phonorecords of which no natural person is identified as 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 referred to as authorship. Therefore, a sculpt ...." Historical Backgrounds Throughout much of human history, individual authorship was not emphasized as it is today. In ancient and medieval societies, creative works were often seen as communal or sacred contributions rather than personal expressions. For example, epic po ...
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Monkey Selfie Copyright Dispute
Between 2011 and 2018, a series of disputes took place about the copyright status of selfies taken by Celebes crested macaques using equipment belonging to the British wildlife photographer David J. Slater. The disputes involved Wikimedia Commons and the blog ''Techdirt'', which have hosted the images following their publication in newspapers in July 2011 over Slater's objections that he holds the copyright, and People for the Ethical Treatment of Animals (PETA), who have argued that the copyright should be assigned to the macaque. Slater has argued that he has a valid copyright claim because he engineered the situation that resulted in the pictures by travelling to Indonesia, befriending a group of wild macaques, and setting up his camera equipment in such a way that a selfie might come about. The Wikimedia Foundation's 2014 refusal to remove the pictures from its Wikimedia Commons image library was based on the understanding that copyright is held by the creator, that a non- ...
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