Read complete books and articles on: Copyright

Copyright - right granted by statute to the author or originator of certain literary, artistic, and musical productions whereby for a limited period of time he or she controls the use of the product. The work may be reproduced by the individual or by another licensed to do so by the individual. Royalties are paid on each performance of the work or each copy that is sold.

Copyrightable Materials

Literary matter, periodicals, maps, photographs, works of art, textile and other designs, sound recordings, musical compositions, photoplays, and radio and television programs are among the commodities that may be copyrighted. Material for copyright in the United States must be registered and deposited with the Library of Congress. The law makes special provision for the transmission of copyright material over cable television, jukeboxes, and public broadcasting stations. It also specifies circumstances under which the reproduction of copyrighted works by libraries and archives is permissible. Since 1980, computer software has been eligible for the same copyright protection as printed matter, and in 1984, a ten-year period of copyright protection was extended to semiconductor chips. The Supreme Court ruled in 1987 that neither the home use of television video recorders nor their manufacture violated the copyright laws.

The Bern and Universal Copyright Conventions

Copyrighting of foreign materials in the United States is a relatively recent development. After 1891, foreign language material was easily copyrighted in the United States; material in English, however, could not be copyrighted if it was imported, unless type was set and material printed and bound in the United States. Most of the major countries of the world, with the exception of the United States, adhered to the Bern Convention of 1887, which provided that literary material copyrighted in any signatory country automatically enjoys copyright in all the signatory countries.

The Universal Copyright Convention (UCC), which had as a main purpose the inclusion of the United States in a general system of international copyright, was signed at Geneva in 1952. It was accepted by the United States in 1954 and came into effect the following year. The U.S. copyright law was modified to conform to the convention, notably by elimination of procedural steps for the establishment of U.S. copyright in works published in other signatory countries and of the requirement that works in the English language by foreign authors be manufactured in the United States to obtain U.S. copyright protection. The United Nations Educational, Scientific, and Cultural Organization (UNESCO) played a leading part in the negotiations for the UCC, which was revised in 1971. In 1989 the United States became a member of the Berne Convention, which was most recently revised in 1971. Most nations subscribe to the convention, and most of those who do not are parties to the UCC or members of the World Trade Organization, whose agreements cover copyright and other intellectual property rights.

History

Protection of rights in literary property did not appear necessary in Europe prior to the invention of printing from movable type in the 15th cent. The sovereign asserted control over printing by issuing patents or privileges to individuals or by organizing publishers' guilds with monopoly rights. Through such devices, the state was able to censor heresy and sedition, while at the same time fostering literature. The only protection that the common law extended to the author was against publication of the work without permission; once publication was allowed, the work passed completely out of the author's control.

The first English copyright act (1710), while maintaining the common-law right, allowed the author to copyright a work for 14 years (with a like period of renewal); it also required deposition of copies and a notice that the work was copyrighted. That law was the model for the earliest American copyright statute, passed in 1790. Wheaton v. Peters (1834; see Henry Wheaton) established that copyright exists primarily for the public benefit rather than for the creator of the work. The current copyright statute became effective in 1978, superseding an act of 1909. The law provides copyright for the duration of the author's life plus 70 years.

Bibliography

See B. Kaplan, An Unhurried View of Copyright (1967); W. S. Strong, The Copyright Book (1986); H. G. Henn, Copyright Law (1988); J. M. Samuels, ed., Patent, Trademark, and Copyright Laws (1989); E. Samuels, The Illustrated Story of Copyright (2000).

Show Excerpt Only

16 of the Best Books and Articles on: Copyright

as selected by Questia librarians

1.

Copyrighting Culture: The Political Economy of Intellectual Property » Read Now
by Ronald V. Bettig. 276 pgs.

Collections: Entire Library

...Copyrighting Culture -ii- COPYRIGHTING CULTURE The Political Economy of Intellectual Property...retrieval system, without permission in writing from the publisher...
2.

Literary Copyright Reform in Early Victorian England: The Framing of the 1842 Copyright Act (Great Britain) » Read Now
by Catherine Seville. 300 pgs.

Collections: Entire Library

Talfourd's Copyright Bill was first presented in 1837, and the public and Parliamentary controversy it provoked is reflected in contemporary pamphlets, correspondence, and hundreds of petitions presented to Parliament, as well as in the changing aims of the Bill. This book explores and sets in...
Read More

Talfourd's Copyright Bill was first presented in 1837, and the public and Parliamentary controversy it provoked is reflected in contemporary pamphlets, correspondence, and hundreds of petitions presented to Parliament, as well as in the changing aims of the Bill. This book explores and sets in context the making of the Copyright Act of 1842, using it to illuminate enduring issues and difficulties in the legal concept of intellectual property. A unique feature for legal historians is Appendix II in which Dr. Seville traces the progress of eleven versions of the Bill.
Show less
3.

Copyright and Multimedia Products: A Comparative Analysis » Read Now
by Irini A. Stamatoudi. 317 pgs.

Collections: Entire Library

Multimedia products have become highly successful. Yet they are often inadequately protected by existing national and international copyright schemes. This study is one of the first comprehensive, comparative analyses of multimedia works and copyright protection. Stamatoudi considers the nature of...
Read More

Multimedia products have become highly successful. Yet they are often inadequately protected by existing national and international copyright schemes. This study is one of the first comprehensive, comparative analyses of multimedia works and copyright protection. Stamatoudi considers the nature of the multimedia work, and existing legislation, as well as collections and compilations, databases, audiovisual works and computer programs. Finally, she offers a model for a European legislative solution. Her work will interest academics and students, as well as lawyers and copyright policy makers.
Show less
4.

Law in a Digital World (Chap. 9 "Lighting and Enlightening Cyberspace: Copyright and Privacy") » Read Now
by M. Ethan Katsh. 296 pgs.

Collections: Entire Library

The world of law is a world of information. Rules, judgments, decisions, interpretations, and agreements all involve using and communicating information. Today, we are experiencing a significant transition, from letters fixed on paper to information stored electronically. The digital era, where...
Read More

The world of law is a world of information. Rules, judgments, decisions, interpretations, and agreements all involve using and communicating information. Today, we are experiencing a significant transition, from letters fixed on paper to information stored electronically. The digital era, where information is created, stored, and communicated electronically, is quickly approaching, if not already here. The future of law will no longer be found in impressive buildings and leather-bound books, but in small pieces of silicon, in streams of light, and in millions of miles of wires and cable. It will be a world of new relationships and greater possibilities for individual and group communication, an environment where the value of information increases as it is shared. In Law in a Digital world, M. Ethan Katsh explores how these new technologies will alter one of our most central institutions. He considers the different ways in which people will not only electronically read and write, but also interact with our vast storehouses of legal knowledge and information. He envisions how sounds and pictures will play into the largely imageless print world of law, and looks at the future importance of graphic and nontextual communication. He explores how the flexible, personalized organization of data will transform the way we gather information, and whether information can or cannot be contained, raising questions of copyright and privacy. What happens to the law when information is more plentiful and accessible? What happens to those people who suddenly have access to information never before available? Does the use of information in a new form change the institution, the user, and those who come in contact with the user? And, what role does the lawyer play in all of this? For citizens, for lawyers, for all those who will be part of the digital world rushing toward us, Katsh answers these questions while considering the implications of this new era.
Show less
5.

International Copyright: Principles, Law, and Practice » Read Now
by Paul Goldstein. 618 pgs.

Collections: Entire Library

This book surveys and analyzes the principal legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by one of...
Read More

This book surveys and analyzes the principal legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by one of the most distinguished scholars of copyright both in the United States and abroad, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, and the advent of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms. International Copyright is an indispensable reference work for professionals involved with international intellectual property transactions or litigation. It is essential reading for scholars and for intellectual property practitioners worldwide, yet also uniquely accessible for an American readership.
Show less
6.

Copyright for Library and Information Service Professionals (Great Britain) » Read Now
by Paul Pedley. 124 pgs.

Collections: Education, Entire Library
7.

Intellectual Properties and the Protection of Fictional Characters: Copyright, Trademark, Or Unfair Competition? » Read Now
by Dorothy J. Howell. 212 pgs.

Collections: Entire Library

This volume addresses the extent to which fictional characters are legally recognized and protected as intellectual property. The author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law, analyzes their applications to fictional characters. and...
Read More

This volume addresses the extent to which fictional characters are legally recognized and protected as intellectual property. The author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law, analyzes their applications to fictional characters. and proposes reforms aimed at further protecting the creators of fictional characters. Detailed case information serves both to illustrate the legal principles and actions discussed and stand as a model for the proprietors of future characters.
Show less
8.

Unfair Competition Law: The Protection of Intellectual and Industrial Creativity ("Constructive Knowledge and Copyright" p. 186) » Read Now
by Anselm Sanders Kamperman. 232 pgs.

Collections: Entire Library

This work gives an overview of the current state of the law of unfair competition for the protection of the intellectual creations and industrial assets in the EU, the USA and other major Anglo-American jurisdictions. Despite the growing interest in this area of law in recent years, little attention...
Read More

This work gives an overview of the current state of the law of unfair competition for the protection of the intellectual creations and industrial assets in the EU, the USA and other major Anglo-American jurisdictions. Despite the growing interest in this area of law in recent years, little attention has been given to the varying legal and economic paradigms that underlie and shape it. This need for a comparative, theoretical examination is heightened by the advent of the information age, coupled with the desire to integrate markets. These developments pose a challenge to the current regimes of intellectual property protection since these are increasingly becoming out of step with the paradigms that shaped the traditional patent, copyright and trademark regimes. In this work, the author explores the alternative to a protective regime based on unfair competition doctrines, and examines the themes of economic justification, shaping legal boundaries, finding a legal justification, practical application, and harmonization of national laws.
Show less
9.

Intellectual Properties and the Protection of Fictional Characters: Copyright, Trademark, or Unfair Competition? » Read Now
by Dorothy J. Howell. 212 pgs.

Collections: Entire Library

This volume addresses the extent to which fictional characters are legally recognized and protected as intellectual property. The author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law, analyzes their applications to fictional characters. and...
Read More

This volume addresses the extent to which fictional characters are legally recognized and protected as intellectual property. The author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law, analyzes their applications to fictional characters. and proposes reforms aimed at further protecting the creators of fictional characters. Detailed case information serves both to illustrate the legal principles and actions discussed and stand as a model for the proprietors of future characters.
Show less
10.

Sherlock Holmes among the Pirates: Copyright and Conan Doyle in America 1890-1930 » Read Now
by Donald A. Redmond. 288 pgs.

Collections: Literature, Entire Library

This study focuses on the publishing history of Sir Arthur Conan Doyle, tracing the story of the first two Holmes novels, which were widely pirated in the U.S. from 1890-1930. The book details the background that enabled piracy to occur and provides extensive descriptive lists of the various issues...
Read More

This study focuses on the publishing history of Sir Arthur Conan Doyle, tracing the story of the first two Holmes novels, which were widely pirated in the U.S. from 1890-1930. The book details the background that enabled piracy to occur and provides extensive descriptive lists of the various issues of A Study in Scarlet and The Sign of the Four. The American issues are described in detail, with defects and inconsistencies clearly documented. Also included is a genealogical tree that traces the editions of these novels and thorough examples of their textual variations.
Show less
11.

Film Copyright in the European Union » Read Now
by Pascal Kamina. 431 pgs.

Collections: Entire Library

Intellectual property issues in the film industry are highly complex and rapidly evolving. In the first book on this subject, Kamina analyzes film protection in the fifteen member states of the European Union, giving special emphasis to the U.K. and France. He addresses key aspects of film...
Read More

Intellectual property issues in the film industry are highly complex and rapidly evolving. In the first book on this subject, Kamina analyzes film protection in the fifteen member states of the European Union, giving special emphasis to the U.K. and France. He addresses key aspects of film copyright, including the main features of domestic legislation of protection of film works within the EU in the context of European harmonization of copyright laws. He also considers important new developments on contracts and moral rights. Of interest to practitioners, academics and students.
Show less
12.

Publishing Law » Read Now
by Christopher Benson, Hugh Jones. 310 pgs.

Collections: Education, Entire Library

This welcome second edition now includes coverage of electronic rights and e-commerce, as well as recent changes in legislation, and provides a comprehensive guide to the law as it affects the publishing process.Legal points are explained with reference to important statutes, cases and relevant...
Read More

This welcome second edition now includes coverage of electronic rights and e-commerce, as well as recent changes in legislation, and provides a comprehensive guide to the law as it affects the publishing process.Legal points are explained with reference to important statutes, cases and relevant trade practices, and the new edition now contains a revised glossary amd lists of useful addresses and further reading.Written by the Copyright Counsel of the Publishers' Association and a practicing solicitor with many years experience of the publishing trade, this work will serve as a comprehensive handbook for all those who need a practical understanding of where and how the law may apply, including publishers, authors, and agents.
Show less
13.

Law and Disorder in Cyberspace: Abolish the FCC and Let Common Law Rule the Telecosm ("Copyright and Common Law" p. 179) » Read Now
by Peter Huber. 272 pgs.

Collections: Entire Library

When the U.S. Congress created the Federal Radio Commission in 1927, what we now call cyberspace was just "ether." Broadcasting had only begun to carry tinny human voices and music across the fields and prairies, while Sunday afternoon phone calls to Aunt Mabel snaked through wires below, courtesy...
Read More

When the U.S. Congress created the Federal Radio Commission in 1927, what we now call cyberspace was just "ether." Broadcasting had only begun to carry tinny human voices and music across the fields and prairies, while Sunday afternoon phone calls to Aunt Mabel snaked through wires below, courtesy of an army of operators who switched each circuit by hand. It didn't take long, though, for the wires and airwaves to fill up with untrammeled chatter, so much so that by 1934 after complaints by the Navy that ship to shore communications had become hopelessly chaotic, and under the unproved but widely held belief that the broadcast spectrum was a finite natural resource all federal authority over electronic communications was forged into a new, powerful Federal Communications Commission. The amount of information traversing the airwaves has increased a million fold since 1927, but has the FCC changed along with the technology? The answer, according to Peter W. Huber, in Law and Disorder in Cyberspace: Abolish the FCC and Let Common Law Rule the Telecosm, is an emphatic No. In this well researched, lively, even witty polemic, Huber recounts the history of telecommunications over the last century to argue that the FCC "should have been extinguished years ago." With scarcity of communications channels no longer an issue, and the virtual elimination of distinctions between carriage and broadcast,the Commission's anachronistic laws have no basis for existence, and have in fact impeded growth and progress to the tune of billions of lost dollars. Today, the "telecosm," that complex universe of invisible communications traffic, has expanded, supplanted, and subdivided itself many times over with each new technological breakthrough. Cable television, direct broadcast satellite, cell phones, the V chip, Caller ID, personal computers, and the Internet have transformed the world. Huber argues that large bureaucratic entities like the FCC fail to adjust to such rapidly changing technologies because they see their mission as maintaining the status quo, and that instead of preserving the rights of common citizens they actually favor rich monopolies. Addressing charged points of conflict such as free speech vs. censorship, privacy vs. right to know, and market vs. controlled pricing, Law and Disorder in Cyberspace energetically proposes that sensible national telecommunications policies evolve through common law--the accretion of decisions arrived at in specific cases where basic principles such as private property and fair business practice are challenged and upheld--and not through the top down, government imposition of inflexible regulatory mandates created in the vacuum of uninformed, theoretical disussion. Given the heated climate on Capitol Hill surrounding debate over ways to reduce federal spending, Peter Huber's arguments are timely, urgent, and meticulously documented. Law and Disorder in Cyberspace is not only informative and entertaining, but will be one of those rare books that will influences public policy before the end of this decade.
Show less
14.

Mass Communication Law and Ethics (Chap. 10 "Intellectual Property") » Read Now
by Roy L. Moore. 678 pgs.

Collections: Philosophy, Entire Library
15.

Copy Fights: The Future of Intellectual Property in the Information Age » Read Now
by Wayne Crews, Adam Thierer. 295 pgs.

Collections: Entire Library

A debate on the theory of intellectual property, the
16.

Controlling Voices: Intellectual Property, Humanistic Studies, and the Internet » Read Now
by Tyanna K. Herrington. 171 pgs.

Collections: Entire Library

TyAnna K. Herrington explains current intellectual property law and examines the effect of the Internet and ideological power on its interpretation. Promoting a balanced development of our national culture, she advocates educators' informed participation in ensuring egalitarian public access to...
Read More

TyAnna K. Herrington explains current intellectual property law and examines the effect of the Internet and ideological power on its interpretation. Promoting a balanced development of our national culture, she advocates educators' informed participation in ensuring egalitarian public access to information. She discusses the control of information and the creation of knowledge in terms of the way control functions under current property law.
Show less