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Copyright Law Act
The Copyright Law Act of 1976
The Copyright Law Act of 1976 is the basis of the United States copyright laws. The Copyright Law Act states the rights of copyright owners, the doctrine of the fair use copyright laws and it changed the term life of copyrights. Before the Copyright Law Act the law had not been revised since 1909. It was necessary that the copyright laws be revised to take into account technological strides that were being made in radio, sound recordings, motions pictures and more. The Copyright Law Act of 1976 preempted all previous laws that were on the books in the United States, including the Copyright Act of 1909.
The Copyright Law Act of 1976 defines ?works of authorship? to include all of the following:
* Musical works
* Literary works
* Dramatic works
* Pictorial, sculptural and graphics
* Motion Pictures and Audiovisuals
* Sound Recordings
* Choreographic Works and Pantomimes
* An eighth work which falls under ?architectural works? was later added in 1990.
What is unique about the United States copyright law is that it is automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer.
Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol.
US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person?s idea or concept and produce their own take on it. However, copying another person?s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark.
Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner?s copyright. The Copyright Law Act covers published and unpublished work.
International Software Copyright International Software Agreement is a Matter of National Security Is there one governing law concerning international software copyright? According to agreements by the World Trade Organization (WTO) and the Trade-Related Aspects of Intellectual Property Rights (TRIP) any software written has an automatic copyright. This is a pretty conclusive consensus as far as an international copyright goes. The short answer would have been yes, but this was so much more informative. An international software copyright should not however be confused with a patent. Copyrights provide creators with the ability to prevent others from directly copying the code involved. A patent can actually limit the use of the software. Because of this, I'm sure you'll understand that patents are a hotly debated topic when it comes to software. The biggest thing to know about international software copyright is that your code is essentially protected the moment you create it. This is, unless you have some kind of contract through your employer that all code created by your belongs to them (these cases have been known to happen and provide excellent incentives for employees to always read the fine print). The problem that many companies are running into when it comes to enforcing international software copyright is that computers are not permanent fixtures in a company. Computers are rather disposable hardware when it comes to keeping up with evolving technologies and software needs to be updated when new computers are purchased. Rather than purchasing new copies of software when the computers are replaced companies are notorious for reusing old copies of the software. They are also famous for replacing 10 computers with the software installed with 40 new computers and installing the 10 copies of the software on all 40 computers. This is not in keeping with international software copyright. This is stealing and you'd be surprised at some of the good upstanding companies that do this on a regular basis. There really are no major differences between traditional policies for American copyright and international software copyright which makes legal issues, troubles, and woes that much easier to deal with. By having a unified international front thee are ramifications and legal actions that can be taken around the world without going through a great deal of international red tape. If you think dealing with the American government is bad, you should see how much fun it is to deal with the American government and another government for a legal action. The agreement between nations for international software copyright is probably one of the soundest possible decisions that can be made as military secrets of all governments have some degree of software in order to keep them operating. While it isn't quite as simplistic as stealing a computer program to unlock the defense secrets of a nation, having access to certain source codes could be problematic in the absolute best-case scenario. Keeping secrets isn't the only thing that makes this agreement so valuable, it is however, one of the most vital. Perhaps one of the greatest things to come about as the result of the international agreement to protect and honor software copyright is the peace of mind that is available to software developers in America and other technologically advanced countries that their source code won't be allowed to be stolen and used against them at a later date by someone in a developing nation with cheap labor and other overhead costs that American corporations simply cannot compete with. This could be devastating to the economies of technological societies if it were allowed to happen and the agreement for an international software copyright prevents that from being allowed to occur.