著作权法

版权是一个非常复杂的问题, 有时不清楚, area of the law; however, some of the overarching themes are consistent throughout the statutes, 情况下, 和意见.

卡拉马祖的版权法律师

Copyright law offers legal protection for human creativity. The goal of copyright protection is described in the U.S. 宪法. “The 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 the respective Writings and Discoveries.” U.S. 宪法,艺术. I§8,cl. 8. 今天, copyright law is governed by the Copyright Revision Act of 1976, a restatement that took effect on January 1, 1978. 在美国.S., copyright is a protection provided by the government to the authors of original works, 包括文学, 戏剧性的, 音乐的, 艺术, 以及其他一些智力作品. The protection is available to both published and unpublished works. It is against the law for anyone to violate the owner’s protected rights.

Copyright protection arises automatically when three (3) criteria exist. 受版权保护的作品是原创的, 固定的:固定在有形媒介中的, and consists of expression rather than ideas. 从而, the rights include the exclusive right to reproduce, 分发, 公开表演或展示, 或者准备衍生作品. 换句话说, “original works of authorship” are protected. 菲斯特出版公司. v. 农村电话服务公司., 499 U.S. 340 (1991); 17 U.S.C. § 102(a). 在联合国注册.S. Copyright Office is not required to secure protection; however, registration is recommended because historically registration was a jurisdictional requirement to sue for copyright infringement in U.S. 地方法院. 一月一日或以后创作的作品, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years after the author’s death. 17 U.S.C. § 302(b). There are certain defenses to copyright infringement. The exclusive rights of the copyright owner are not absolute. 抗辩理由包括:版权许可, 合理使用, 第一笔生意, and compulsory licenses and regulatory copyright.

First, I will address copyright licensing. Copyrights may be licensed through express licenses or implied licenses. An expressed license is a contract that clearly states the right to do certain things as they relate to the copyrighted work. Id. at § 106. Implied licenses arise according to surrounding facts and circumstances of a particular work, or according to certain circumstances involved in copying a particular work. 换句话说, 对于默示许可, 在没有文字的情况下, 根据周围的情况, the question is whether the copyright holder intended to give permission to use the work. 兰登书屋. 罗塞塔图书公司，华氏150度. 增刊. 2d 613 (S.D.N.Y.)， aff 'd, 283 F.3d 490 (2d. 2002); Asset Mktg. Sys.公司. v. 加尼翁，542楼.3d 748(第9卷. 2008).

Third, under the First Sale Doctrine, 17 U.S.C. § 109, 对物品实物副本的所有权, 比如一本书或一张CD, 允许出借, 转售, 处理, 等. of the item; however, it does not permit reproducing the material, 公开展示或表演的, or otherwise engaging in any acts reserved for the copyright holder. Id. 换句话说, lawfully obtained copies can be sold without infringing the copyrighted work.

Fourth, there are compulsory licenses and regulatory copyright. 在强制许可下, copyright owners have no power to object to reuse of their copyrighted work. In such 情况下, Congress implements limitations on such copyrights. Qualifying users, generally with payment, may use the work as specified by statute. Regulatory copyright outlines industry specific rights for market-specific contexts, such as cover recordings for 音乐的 compositions, 电缆, and certain non-profit and charitable organizations. Special exemptions exist for non-profit organizations. 17岁以下.S.C. § 110, limitations on exclusive rights: exemption of certain performances and displays, some uses are exempt from infringement liability. The underlying rule for such exemptions is that such use of copyrighted works must be noncommercial. 17 U.S.C. § 110. Examples include: (i) § 110(2) distance learning and distance education via digital computer networks and (ii) § 110(4) use of copyrighted works for educational, 宗教, 或者慈善目的, so long as there is no admission charge for the event at which the work is performed or displayed. Id.

Generally, noncommercial use of copyrighted material is treated differently. If your use of copyrighted material is for educational purposes, 你从中得不到任何商业利益, financial or otherwise business-related benefit, you may qualify for certain exemptions and or defenses. 然而, if the use of copyrighted material is used merely for “educational” purposes, 应该清楚地标明.