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This essay is intended only to present general information about an interesting topic in law and is not legal advice for your specific problem. I am an attorney in Massachusetts who concentrates in copyright law, among other areas of law, but I provide legal advice only after being hired, considering your situation carefully, doing any necessary legal research, and writing an opinion letter.
This essay shares some information on several topics that interest me: This document Usc college essay questions a brief sketch of the nature of the rights protected by copyright law.
Unfortunately, any discussion of enforcement of intellectual property rights gives an offensive impression of being told not to steal towels from a hotel. Loading copyrighted material into a computer's semiconductor memory does create a fixation that satisfies the legal test for copying.
The current law in the USA requires neither a notice of copyright e. Standler" nor registration of the work with the U. However, if a work does have a notice, then an infringer can not claim a "defense based on innocent infringement in mitigation of actual or statutory damages".
And if a work is registered, then: Therefore, authors should register their copyright before the earlier of the first publication or first public display of their work. Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.
I have posted a separate essay on moral rights of authors in the USA, with emphasis on rights of scientists, professors, and students. Works of the U. See my separate essay.
For works created beforesee the chart created by Prof. The indicia of a quotation is either 1 enclosing the text in quotation marks or 2 formatting the text as an indented, single-spaced block.
Information about the form s of a bibliographic citation is given in academic style manuals e. At a minimum, a proper citation must contain the author's name and enough information about the source of the quotation, so that the reader can easily find the quotation in the original.
For quotations from a webpage, the author's name and the URL of the webpage must be given. My essay on plagiarization includes quotations from many court cases in the USA. Note that paraphrasing or other trivial changes in copied text, in an attempt to avoid copyright infringement, are specifically prohibited by law in the USA: As an example, Steinberg v.
Columbia Pictures, F. Amendments to the U. Copyright statutes in included a new section making it wrongful to "intentionally remove or alter" any one or more of the following items: These new penalties for removing or altering a copyright notice give authors and owners of copyrights a new tool to prosecute plagiarists.
However, every quotation must be clearly identified with the source of the quotation and the name of the author of the quoted text. For many years, fair use in the USA was common law i.
Notwithstanding the provisions of sections and A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching including multiple copies for classroom usescholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. Acuff-Rose Music, U. There is little guidance that gives a precise, quantitative determination of the line that divides fair use from infringement.
The concept of fair use is one of the most difficult topics in copyright law. Originally, fair use only applied to authors who made short quotations when preparing new works.
Since the early s, some attorneys have argued that fair use also applies to photocopying and other forms of exact reproduction. I am aware of many judicial opinions that hold that making a verbatim copy of an entire chapter in a book, an entire article in a scholarly journal, or an entire webpage is not fair use under the law of the USA, even if done by a teacher or professor.
The topic of fair use is controversial amongst specialists in copyright law, and too complicated to discuss here. The safe advice is to get permission of the copyright owner before making multiple verbatim copies of any copyrighted work.
The legislative history of the Copyright Act ofU. House of Representatives Reportcontains a privately negotiated set of guidelines for photocopying by nonprofit educational institutions.Sports journalists and bloggers covering NFL, MLB, NBA, NHL, MMA, college football and basketball, NASCAR, fantasy sports and more.
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Depending on your discipline, the number of chapters in a dissertation may vary. Let's examine the most common case and see how we can help you! these are the essays for USC When we ask students what advice they would give to high school seniors to help them survive the application process, one of the most frequent answers we hear is.