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Copyright Law Basics

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Fair Use

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A legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders, typically used for purposes such as commentary, criticism, news reporting, teaching, and research.

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Copyright Act of 1976

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The primary legislation in the United States that governs copyright law, which provides a legal framework for copyright protection of original works of authorship.

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Copyright Term

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The length of time that copyright protection lasts, which varies by jurisdiction but typically is the life of the author plus an additional 70 years in the United States.

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Work for Hire

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A work created by an employee as part of their job, or some commissioned works, where the copyright in the work is automatically assigned to the employer or the person who commissioned the work.

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Copyright

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A legal right that grants the creator of original work exclusive rights to its use and distribution, usually for a limited time, with the intent of enabling the creator to receive compensation for their intellectual investment.

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DMCA (Digital Millennium Copyright Act)

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A 1998 U.S. law that extended the reach of copyright, established legal sanctions for circumventing copyright protection systems, and created legal protection and rights management information.

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Compulsory License

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A license that allows someone to use a copyrighted work without the permission of the copyright holder under certain conditions, such as for cover songs.

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Public Domain

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The realm of creative materials that are not protected by copyright and are therefore free for public use, often because copyrights have expired or works were never eligible for copyright.

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Derivative Work

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A work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, etc., that must be authorized by the copyright holder.

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Copyright Registration

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The act of recording a copyright with the copyright office of a country, which, in many jurisdictions, is necessary for bringing a lawsuit for infringement.

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Collective Work

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A work, such as an anthology or encyclopedia, that assembles the works of many authors. The individual works may be separate copyrighted items but may not be used apart from the collective work without permission.

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Performance Rights

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The rights to perform a copyrighted musical work in public. These rights are often managed by performing rights organizations.

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Moral Rights

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Rights of creators to have their work attributed to them, to maintain the integrity of the work, and to control the circumstances of its reproduction, which are more recognized in civil law jurisdictions than in the U.S. common law system.

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Copyright Notice

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An indication, typically in the form of © followed by the date of publication and the owner's name, that a work is protected by copyright.

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Copyright Infringement

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The use of copyrighted work without permission from the copyright holder, which is a violation of the holder's exclusive rights.

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Copyright Clearance

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The process of obtaining the right to use copyrighted materials from the copyright holder, usually involving a fee or licensing agreement.

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First Sale Doctrine

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A legal doctrine that allows the purchaser of a copy of copyrighted work to resell or distribute that particular copy despite the copyright owner's attempts to control subsequent distribution.

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Orphan Works

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Copyrighted works for which the owners are either unknown or cannot be located, making it difficult to obtain permission to use such works.

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Berne Convention

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An international agreement governing copyright protection, which provides that all signatory countries guarantee certain basic rights to the authors of copyrightable works.

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Parody

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A work created to mock, comment on, or trivialize an original work, its subject, author, style, or some other target, by means of satiric or ironic imitation, which is often protected under fair use.

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