9 terms

ethics - copyright

copyright owners control
1) reproduction
2) public performance
3) derivative works (ex. novel to movie)
plaintiff must prove:
1.) ownership of copyright of a particular work
2.) defendant's copying of a substantial, legally protectable portion of the work
works for hire
commisioning party (advertiser) is owner
copyright licensing
advertiser granted limited right to use
essence of copyright law
creativity and the creator's rights
protected by copyright
books, movies, music, choreography, architectural works, photographs, software, characters, labels, posters
what cannot be protected by copyright
1. underlying idea
2. facts
3. utilitarian objects
4. systems
5. methods of operation
fair use factors
1. purpose and character of use, including whether use is of a commercial nature or is for nonprofit educational purposes
2. nature of copyright work
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. effect of the use upon the potential market for or value of the copyrighted work
copyright infringement defense
1. fair use
2. comparative advertising
3. parody