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U.S. Copyright Law (short desctiption)
U.S. Copyright Law (short desctiption)

us_copyright_law.pdf
Copyright Law
By Mark F. Radcliffe and Diane Brinson of DLA Piper LLP (US)

Introduction
Copyright law in the U.S. is based on the Copyright Act of 1976, a federal statute that went into effect on January 1, 1978. We'll refer to this statute throughout the book as the Copyright Act.

States cannot enact their own laws to protect the same rights as the rights provided by the Copyright Act. For example, a state cannot pass a law to extend copyright protection on works in the state beyond the term of protection given by the Copyright Act. State "copyright" laws exist, but they are limited to works that cannot be protected under federal copyright law. (Requirements for federal protection are discussed in "Standards," later in these materials.)

Copyright law is important for multimedia developers and publishers for two reasons:

Original multimedia works are protected by copyright. The Copyright Act's exclusive rights provision gives developers and publishers the right to control unauthorized exploitation of their works.
Multimedia works are created by combining "content" - music, text, graphics, illustrations, photographs, software - that is protected under copyright law. Developers and publishers must avoid infringing copyrights owned by others.
Types of Works Protected by Copyright
Copyright law protects "works of authorship." The Copyright Act states that works of authorship include the following types of works:
Literary works. Novels, nonfiction prose, poetry, newspaper articles and newspapers, magazine articles and magazines, computer software, software documentation and manuals, training manuals, manuals, catalogs, brochures, ads (text), and compilations such as business directories
Musical works. Songs, advertising jingles, and instrumentals.
Dramatic works. Plays, operas, and skits.
Pantomimes and choreographic works. Ballets, modern dance, jazz dance, and mime works.
Pictorial, graphic, and sculptural works. Photographs, posters, maps, paintings, drawings, graphic art, display ads, cartoon strips and cartoon characters, stuffed animals, statues, paintings, and works of fine art.
Motion pictures and other audiovisual works. Movies, documentaries, travelogues, training films and videos, television shows, television ads, and interactive multimedia works.
Sound recordings. Recordings of music, sounds, or words.
Architectural works. Building designs, whether in the form of architectural plans, drawings, or the constructed building itself.
Standards
To receive copyright protection, a work must be "original" and must be "fixed" in a tangible medium of expression. Certain types of works are not copyrightable.
Originality
The originality requirement is not stringent: A work is original in the copyright sense if it owes its origin to the author and was not copied from some preexisting work. A work can be original without being novel or unique.
Example: Betsy's book How to Lose Weight is original in the copyright sense so long as Betsy did not create her book by copying existing material - even if it's the millionth book to be written on the subject of weight loss.
Only minimal creativity is required to meet the originality requirement. No artistic merit or beauty is required.

A work can incorporate preexisting material and still be original. When preexisting material is incorporated into a new work, the copyright on the new work covers only the original material contributed by the author.

Example: Developer's multimedia work incorporates a number of photographs that were made by Photographer (who gave Developer permission to use the photographs in the multimedia work). The multimedia work as a whole owes its origin to Developer, but the photographs do not. The copyright on the multimedia work does not cover the photographs, just the material created by Developer.
Facts owe their origin to no one and so are not original. A compilation of facts (a work formed by collecting and assembling data) is protected by copyright only to the extent of the author's originality in the selection, coordination, and arrangement of the facts.

Example: Ralph created a neighborhood phone directory for his neighborhood by going door-to-door and getting his neighbors' names and phone numbers. The directory's facts (names and phone numbers) are not original. Ralph's selection of facts was not original (he "selected" every household in the neighborhood). His coordination and arrangement of facts (alphabetical order by last name) is routine rather than original. The directory is not protected by copyright.
Fixation
According to Section 101 of the Copyright Act, a work is "fixed" when it is made "sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration." It makes no difference what the form, manner, or medium is. An author can "fix" words, for example, by writing them down, typing them on an old-fashioned typewriter, dictating them into a tape recorder, or entering them into a computer. A live television broadcast is "fixed" if it is recorded simultaneously with the transmission.
Uncopyrightable Works
Works prepared by federal government officers and employees as part of their official duties are not protected by copyright. Consequently, federal statutes (the Copyright Act, for example) and regulations are not protected by copyright. This rule does not apply to works created by state government officers and employees.
The design of a useful article is protected by copyright only if, and to the extent that, the design "incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article." For example, while a "normal" belt buckle is not protected, a three-dimensional belt-buckle design with a dolphin shape qualifies for limited protection.

Uncopyrightable works and works for which copyright protection has ended are referred to as "public domain" works. (These works are discussed in "Public Domain Works," Chapter 9.)

Procedure for Getting Protection
Copyright protection arises automatically when an original work of authorship is fixed in a tangible medium of expression. Registration with the Copyright Office is optional (but you have to register before you file an infringement suit).
The use of copyright notice is optional for works distributed after March 1, 1989. Copyright notice can take any of these three forms:

© followed by a date and name.
"Copyright" followed by a date and name.
"Copr." followed by a date and name.
The Exclusive Rights
A copyright owner has five exclusive rights in the copyrighted work:
Reproduction Right. The reproduction right is the right to copy, duplicate, transcribe, or imitate the work in fixed form.

Modification Right. The modification right (also known as the derivative works right) is the right to modify the work to create a new work. A new work that is based on a preexisting work is known as a "derivative work."

Distribution Right. The distribution right is the right to distribute copies of the work to the public by sale, rental, lease, or lending.

Public Performance Right. The public performance right is the right to recite, play, dance, act, or show the work at public place or to transmit it to the public. In the case of a motion picture or other audiovisual work, showing the work's images in sequence is considered "performance."

Public Display Right. The public display right is the right to show a copy of the work directly or by means of a film, slide, or television image at a public place or to transmit it to the public. In the case of a motion picture or other audiovisual work, showing the work's images out of sequence is considered "display."
Infringement
Anyone who violates any of the exclusive rights of a copyright owner is an infringer.
Example: Developer scanned Photographer's copyrighted photograph, altered the image by using digital editing software, and included the altered version of the photograph in a multimedia work that Developer sold to consumers. If Developer used Photographer's photograph without permission, Developer infringed Photographer's copyright by violating the reproduction right (scanning the photograph), the modification right (altering the photograph), and the distribution right (selling the altered photograph as part of the multimedia work).
A copyright owner can recover actual or, in some cases, statutory damages from an infringer. The federal district courts have the power to issue injunctions (orders) to prevent or restrain copyright infringement and to order the impoundment and destruction of infringing copies.

Duration of the Rights
Under current law, the copyright term for works created by individuals is the life of the author plus 70 years.
The copyright term for "works made for hire" is 95 years from the date of first "publication" (distribution of copies to the general public) or 120 years from the date of creation, whichever expires first. Works made for hire are works created by employees for employers and certain types of specially commissioned works (see "The Work Made for Hire Rule" in the Ownership of Copyright materials.).

LIMITATIONS ON THE EXCLUSIVE RIGHTS
The copyright owner's exclusive rights are subject to a number of exceptions and limitations that give others the right to make limited use of a copyrighted work. Major exceptions and limitations are outlined in this section.
Ideas
Copyright protects only against the unauthorized taking of a protected work's "expression." It does not extend to the work's ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries.
Facts
A work's facts are not protected by copyright, even if the author spent large amounts of time, effort, and money discovering those facts. Copyright protects originality, not effort or "sweat of the brow."
Independent Creation
A copyright owner has no recourse against another person who, working independently, creates an exact duplicate of the copyrighted work. The independent creation of a similar work or even an exact duplicate does not violate any of the copyright owner's exclusive rights.
Fair Use
The "fair use" of a copyrighted work, including use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright. Copyright owners are, by law, deemed to consent to fair use of their works by others.
The Copyright Act does not define fair use. Instead, whether a use is fair use is determined by balancing these factors:

The purpose and character of the use.
The nature of the copyrighted work.
The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
The effect of the use on the potential market for, or value of, the copyrighted work.
International Protection
U.S. authors automatically receive copyright protection in all countries that are parties to the Berne Convention for the Protection of Literary and Artistic Works, or parties to the Universal Copyright Convention (UCC). Most countries belong to at least one of these conventions. Members of the two international copyright conventions have agreed to give nationals of member countries the same level of copyright protection they give their own nationals.
Example: Publisher has discovered that bootleg copies of one of its multimedia works are being sold in England. Because the United Kingdom is a member of the Berne Convention and the UCC, Publisher's work is automatically protected by copyright in England. When Publisher files a copyright infringement action in England against the bootlegger, Publisher will be given the same rights that an English copyright owner would be given.

Works of foreign authors who are nationals of Berne or UCC- member countries automatically receive copyright protection in the U.S., as do works first published in a Berne Convention or UCC country. Unpublished works are subject to copyright protection in the U.S. without regard to the nationality or domicile of the author.

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Terms of use
Article 1. Contracting parties.
1. The Parties of this Public Offer (paid service agreement), hereinafter referred to as the “Agreement” or “Offer”, are, as follows:
a) Executor is a person, who makes this Offer and who executes this Agreement in accordance with its terms and conditions: Solcity World Investment and Development; and
b) Customer is a person, who accepts this Offer and who is the author of any publication.

Article 2. Acceptance.
1. The Customer shall accept this Offer in case of and after the following activities:
a) fill in and send to the Executor an application in electronic format in the form established by this Agreement and posted on the Executor’s official website; and
b) provide the author’s abstract specifying what material was created by the author; and
c) provide a list of all key words (tags) that enable finding the location of the author’s abstract of the Customer on the Executor’s website; and
d) post (“upload”) the material itself on the Executor’s official website; and
e) pay for the Executor’s services in the amount and following the procedure set forth by this Agreement.
2. The Executor shall verify the Customer’s data and post the information about the Customer and his/her work of authorship on SciReg.org in Internet. From this moment on, the Customer shall be considered as an acceptor of this Offer and a Party to this Agreement.
3. The Executor shall be entitled, without giving any reasons, to refuse the Customer to accept this Offer and the Customer unconditionally, entirely and irrevocably agrees with this provision.

Article 3. Scope of the Agreement.
1. The Executor hereof shall render services on establishing, formation and maintenance of the Copyright register in electronic format on the Executor’s official website in Internet.
2. The Executor hereof shall render to the Customer paid services on posting (publishing) of information about the applicant as the author of the material under the terms and in accordance with this Agreement.
3. The work of authorship shall be understood by the Parties as a subject matter of copyright established by the Civil Code or other laws of the Author’s Country of domicile. 
4. The Executor shall publish information (data), hereinafter referred to as the “summary”, about the applicant as the author of the material in the Register posted on the Executor’s official website in Internet under the terms set forth by this Agreement.
5. The Executor shall be entitled, at his own discretion and without coordination with the Customer, to assign his obligations for execution of this Agreement to any third party, and the Customer unconditionally agrees with this provision.


Article 4. Register.
1. The Register shall be an ordered and standardized register containing a summary of the Customer: Author’s information, including co-authors, name of the work of authorship, publication date, author’s abstract revealing the content of the work of authorship and its unique character, as well as a unique number of posting in the Register assigned to the author and his/her material automatically by the Executor, key words (tags) that enable any person to find information about the author and his/her publication posted in the Register on the Executor’s official website in Internet.
2. The author’s abstract shall be a brief description of the author’s publication designating its unique character and showing that the Customer is its author.
3. The Register shall be maintained in electronic form on the Executor’s official website in Internet.
4. Information about the author, work of authorship and other information required by the rules for information posting in the Register, set forth by the Executor, except for the unique number, shall be posted by the Customer individually on the Executor’s official website in Internet.
5. Both the Register and the official website shall be the Executor’s property.
6. Any and all information posted by the Customer in the Register in accordance with the terms set forth by this Agreement shall be the Executor’s property. Hereby, the Customer shall not transfer copyright for his/her work of authorship to the Executor.
7. The rules for maintenance of the Register, its execution, posting of any details (information) in it shall constitute Appendix 1 to this Agreement forming an integral part hereof. The rules shall be issued exclusively by the Executor. The Executor, without coordination with the Customer and the Customer’s consent, shall have the right to make any changes in and/or amendment to the Register maintenance rules and the Customer unconditionally agrees with this provision. The Register maintenance rules shall be unconditionally mandatory for the Customer.

Article 5. Obligations of the Parties.
1. The Parties hereto shall (hereby shall be obliged to) unconditionally, voluntarily, conscientiously, and accurately follow all provisions of this Agreement, as well as any and all supplements, amendments and/or alterations hereto made under the terms set forth by this Agreement.
2. The Customer shall pay for the Executor’s services following the procedure and in the amount established by this Agreement.
3. The Customer, in contemplation of his/her death, shall be obliged to bind defendants to the terms of this Agreement.
4. If the Customer’s copyright is assigned to a third party, he/she shall be obliged to bind such third party to his/her obligations hereunder.
5. The Customer shall have an exclusive right to refer, in any form, to his/her summary (synopsis, author’s abstract) posted in the Register on the Executor’s official website in Internet in case of complete and fair execution of his/her obligations under this Agreement.

Article 6. Payment for the Executor’s services. Agreement price.
1. The Customer shall pay for the Executor’s services following the procedure and in the amount established by the provisions of this Article.
2. The price for one posting by the applicant of one his/her summary in the Register shall be 20 (twenty) US Dollars – price of this Agreement.
3. The procedure for paying the amount set forth by this Article of the Agreement shall be determined in Appendix 1 to this Agreement.
4. The applicant shall pay the amount stated in para 2 of this Article (pay for the Executor’s service) to the Executor at the time of registration.
5. The amounts paid hereunder by the Customer to the Executor shall be nonreturnable.
6. Each Party shall individually pay any and all own taxes, duties and/or fees established by the legislation of the Party in connection with execution of the terms hereof by the Party. Neither party shall be a fiscal agent of the other Party.

Article 7. Withdrawal from the Agreement.
1. The Customer shall be entitled to withdraw from execution of this Agreement in the form of non-payment of a next settlement set forth by this Agreement.
2. The Executor shall have the right, including in his sole discretion, to withdraw from execution of this Agreement without reimbursement to the Customer of any expenses and/or losses (damages), as well as without payment of any penalty and/or penalty fee and/or any other forfeit, and the Customer unconditionally and entirely agrees with this provision, in the following case (cases):
a) failure to pay by the Customer for the services to the Executor in the amount and under the terms set forth by this Agreement; and/or
b) provision of false information by the Customer; and/or
c) any other technical reasons.

Article 8. Information sharing. 
1. Unless otherwise provided for in this Agreement, the Parties hereto may share information, and this information for the Parties shall be regarded as official, by phone, fax, sms, Skype, via e-mail and/or in writing (in hard copy). 
2. The Parties hereto may share documents and these documents shall be legally effective for the Parties and considered properly received by the Parties by fax, Skype, via e-mail, in writing in hard copy, unless otherwise provided for in this Agreement. A signature affixed to the document forwarded by any Party via e-mail shall be accepted by the Parties. A signature affixed to the document forwarded by any Party by fax shall be accepted by the Parties. A signature affixed to the document forwarded by any Party via Skype shall be accepted by the Parties.
3. Along with the afore-mentioned, the Parties may have electronic documentary interchange and affix their electronic digital signatures (EDS) on any and all documents.

Article 9. Arbitration.
1. All disputes arising between the Parties in relation to interpretation of this Agreement and/or execution of this Agreement shall be settled by the Parties in the form of bilateral negotiations. 
2. If the Parties fail to reach a compromise during negotiations, they shall settle their dispute in the arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
3. As the rules of procedural law based on which the Parties shall settle their dispute, the Parties shall accept the rules of arbitration court (arbitration) of the Chamber of Commerce and Industry of British Virgin Islands.
4. As the rules of substantive law based on which the Parties settle their dispute, the Parties shall accept this Agreement and rules of international agreements (conventions) regulating copyright legal relationship.

Article 10. Other terms and conditions.
1. This Agreement is made in written and electronic form, in one counterpart, which: 
a) Agreement in writing is kept in the Executor’s office, and 
b) posted in electronic form on the Executor’s official website in Internet.
2. Alteration, amendments and/or supplements to this Agreement shall be made in written and electronic form by the Executor individually, in a single hard counterpart and a single electronic counterpart posted on the official website in Internet and the Customer unconditionally agrees with this provision. 
3. Changes in this Agreement shall be made by the Executor as a new version of the Agreement.
4. If the Customer disagrees with new terms and conditions, he/she shall have a right to withdraw from the Agreement following the procedure and terms set forth by this Agreement.

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