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Digital Copyright Law

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Fair Use

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A legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

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DMCA

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Digital Millennium Copyright Act, a U.S. copyright law that criminalizes production and dissemination of technology to circumvent copyright protections and provides safe harbor provisions for internet service providers.

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Copyright Infringement

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The use of copyrighted works without the permission of the copyright holder, which violates their exclusive rights.

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Creative Commons

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A non-profit organization that provides free licenses for creators to use when making their work available to the public.

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First Sale Doctrine

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A legal principle that allows the purchaser to transfer or sell their physical copy of a copyrighted work without needing to seek permission from the copyright holder.

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Copyright Term

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The length of time a copyright persists, after which the work enters the public domain. In the U.S., it's currently life of the author plus 70 years for individual works.

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Moral Rights

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Rights of creators to have their work attributed to them and to object to disrespectful treatments of their works which could prejudice their honor or reputation.

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Online Service Provider (OSP)

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An entity offering services over the internet, including hosting websites, which might be subject to safe harbor provisions under the DMCA if they comply with certain requirements.

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Notice and Takedown Procedure

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A process required by the DMCA where OSPs must remove or disable access to infringing content once properly notified.

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Work Made for Hire

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A work created by an employee as part of their job, or some commissioned works, where the employer or the commissioning party is considered the legal author.

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Public Domain

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The status of a work that is not protected by copyright and is freely available for anyone to use for any purpose.

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Copyright Notice

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A statement placed on works to identify the copyright owner and the year of first publication, providing information about the rights associated with the work.

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Performance Rights

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Rights that determine who may perform a copyrighted work publicly, typically managed by performance rights organizations.

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Copyright Licensing

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The granting of permission by the copyright holder to use the copyrighted material in ways that are otherwise restricted by copyright law.

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Copyright Registration

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The process of recording a copyright with a government entity to establish a public record, which is required in some jurisdictions for certain legal benefits.

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Parody

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A work created to imitate or comment on an existing work, often for comedic effect or social commentary. Parodies may be protected under fair use.

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Digital Rights Management (DRM)

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Technologies used by publishers to control the use of digital media by preventing unauthorized copying and distribution.

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Copyright Trolls

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Pejorative term for individuals or firms that aggressively enforce copyrights or license requirements against alleged infringers, often for profit rather than to protect the creative work.

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Orphan Works

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Works whose copyright owners are difficult or impossible to identify or locate, creating challenges for those who wish to use or license the work.

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Transformation in Copyright

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A concept in fair use analysis that considers whether the new work adds new expression or meaning to the original, thereby making it transformative.

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