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Digital Copyright Law
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Flashcards
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Copyright Infringement
The use of copyrighted works without the permission of the copyright holder, which violates their exclusive rights.
Public Domain
The status of a work that is not protected by copyright and is freely available for anyone to use for any purpose.
Performance Rights
Rights that determine who may perform a copyrighted work publicly, typically managed by performance rights organizations.
Copyright Licensing
The granting of permission by the copyright holder to use the copyrighted material in ways that are otherwise restricted by copyright law.
Copyright Trolls
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.
Copyright Term
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.
Copyright Notice
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.
Digital Rights Management (DRM)
Technologies used by publishers to control the use of digital media by preventing unauthorized copying and distribution.
DMCA
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.
Fair Use
A legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
Notice and Takedown Procedure
A process required by the DMCA where OSPs must remove or disable access to infringing content once properly notified.
First Sale Doctrine
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.
Moral Rights
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.
Online Service Provider (OSP)
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.
Transformation in Copyright
A concept in fair use analysis that considers whether the new work adds new expression or meaning to the original, thereby making it transformative.
Work Made for Hire
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.
Copyright Registration
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.
Parody
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.
Orphan Works
Works whose copyright owners are difficult or impossible to identify or locate, creating challenges for those who wish to use or license the work.
Creative Commons
A non-profit organization that provides free licenses for creators to use when making their work available to the public.
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