Copyright_Law_in_the_U.S_Ortynska_Law..pdf

Copyright_Law_in_the_U.S_Ortynska_Law..pdf

• 1.
  Copyright Copyright
• 2.
  COPYRIGHT Copyright does notprotect ideas, concepts, principles, discoveries Copyright protects only the expression of ideas You can’t copyright facts
• 3.
  Literary works (books,periodicals, blogs, articles, computer programs) Musical works (sound recordings and musical compositions) Dramatic works (plays, screenplays, scripts, choreographic notation and shows, scenarios) Pantomimes and choreographic works What can be protected by copyright?
• 4.
  Pictorial, graphic, andsculptural works (photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings) Motion pictures and other audiovisual works (movies and films, as well as slide shows and video games) Sound recordings (recordings of sounds, a person’s singing, a person reading a book, podcasts) Architectural works (a building, architectural plans, or drawing) Other works What can be protected by copyright?
• 5.
  Are eligible forcopyright protection Works that are based on preexisting copyrighted work (works) in which a work may be recast, transformed, or adapted DERIVATIVE WORKS: A translation of a book, a sequel to a novel, a screenplay adaptation of a book, a new musical arrangement of an existing composition
• 6.
  Are eligible forcopyright protection Are collection or assembly of preexisting materials or data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship A collection of photos, a list of short stories, an academic journal containing articles, a catalog COMPILATIONS:
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  REQUIREMENTS FOR COPYRIGHT PROTECTION ORIGINALITY(SOME MINIMAL DEGREE OF CREATIVITY) FIXATION IN A TANGIBLE MEDIUM OF EXPRESSION
• 8.
  animal can notbe an author in the case of the protection of copyright on a selfie created by a monkey, the court rules “against the conclusion that animals have statutory standing to sue under the Copyright Act.” Naruto v. Slater (2018). HUMAN AUTHORSHIP REQUIREMENT
• 9.
  HUMAN AUTHORSHIP REQUIREMENT FORAI-GENERATED CONTENT Engineer, Steven Thaler, filed a copyright application to register an AI-generated work, “A Recent Entrance to Paradise.” The USCO denied the application based on the absence of human authorship. Court defined: “the understanding that “authorship” is synonymous with human creation has persisted even as the copyright law has otherwise evolved.” Thaler v. Perlmutter (2023)
• 10.
  COPYRIGHT REGISTRATION: Is notrequired Is beneficial Is prerequisite for instituting a copyright infringement suit If registration’s effective date is within three months from the date of first publication, copyright plaintiffs are entitled to statutory damages and attorneys’ fees
• 11.
  The author isgenerally the owner of the work Exceptions: o Copyright assignment o Work for hire If two (or more) authors create a work with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole, they are co- authors. OWNERSHIP
• 12.
  WORKS MADE FORHIRE Created by employee with the scope of the employment The employer is presumed to be a copyright owner Exceptions: contractual arrangement
• 13.
  COPYRIGHT RIGHTS: Right toexclude others from reproducing Right to distribute copies Right to prepare derivatives Right to exclude others from performing Right to exclude others from displaying
• 14.
  COPYRIGHT NOTICE © /“Copyright”, year of 1st publication of the work, copyright owner Provides information to the public Is optional for works published on or after March 1, 1989
• 15.
  up to 10objects in the application, if the objects were unpublished each published object is registered as a separate application (except for a series of photographs and periodicals) registration period: 3-6 months, possible to accelerate it up to 1 month fees: starting from $35-45, depending on the claimant and the type of work REGISTRATION OF COPYRIGHT
• 16.
  TIPS: Put on thefooter of all pages of the website Put on videos on Youtube
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  USEFUL SOURCES:
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  THANK YOU! MARIYA ORTYNSKA ATTORNEYAT LAW OF THE NEW YORK STATE (USA), FOUNDER OF ORTYNSKA LAW (NY)