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Essentials of Copyright Law
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What is "copyright"?
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The right granted to the owner of the copyright in a work is the sole right to produce or reproduce the work or any substantial part of it in any material form.
Copyright exists in any original literary, dramatic, musical or artistic work, from the moment the work is created.
There is no requirement to register the copyright in a work with the Copyright Office, though you can do so if you wish.
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What is copyright infringement?
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The copyright in a work can be infringed if the original work was the source from which the reproduction was derived, and if there is substantial similarity between the alleged reproduction and the original.
Infringement of copyright concerns itself with the quality of what was copied, not quantity. The reason for this is that a small part of one work can constitute a larger part of another, and the "value" of that which has been copied can be a critical factor in assessing whether the reproduction is substantially similar to the original. In summary, looking at the two works as a whole, has the essential features of the original been taken.
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Are ideas copyrightable?
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No. It is one of the fundamental principles of copyright law that copyright protects only the expression of an idea, not the idea itself. So, two people may each write a novel about love and copyright law will protect the way they each have expressed their idea of love, but it will not protect the "idea" of love itself.
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How do you use the © symbol?
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There is no requirement to place a copyright notice on a work. However, by doing so, you provide notice to the world of your copyright interest in the work. The standard notice is: © 2002, Sally Smith.
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How long does copyright last?
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Copyright in a work expires 50 years after the author's death. Once it expires, the work falls into the "public domain," at which time it can be used without consent.
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What is a "moral right?"
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The copyright rights described above are "economic" rights. In 1988, the Copyright Act was amended and recognized the moral rights of an author in his/her work. Moral rights, like copyright, expire 50 years after the death of the author.
There are 2 types of moral rights -- the right of "integrity" in a work, and the right of "paternity" in a work.
The moral right of integrity protects an author against having their work distorted or mutilated, or in having the work associated with a product, service, cause or institution that might prejudice the author's honour or reputation.
The moral right of paternity grants to the creator of a work, the right to be associated with the work by name, or the right to remain anonymous.
Moral rights may not be assigned but they may be waived, in whole or in part. A person may assign the copyright in the work and still retain the moral rights. An assignment of the copyright in a work does not automatically constitute a waiver of the work's moral rights.
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