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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

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