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United States copyright law protects original expressions but not facts, methods, discoveries, or other ideas being expressed, a doctrine known as the idea–expression distinction. Despite making this distinction, verbatim copying is not always required for copyright infringement, as paraphrasing is also prohibited in certain circumstances. [6]
A difficulty posed by the idea-expression distinction is that "[n]obody has ever been able to fix that boundary, and nobody ever can", as Judge Learned Hand wrote for the Second Circuit Court of Appeals in 1930's Nichols v. Universal Pictures Corp., holding that while a fictional character can be copyrighted, it must be well-developed. [24]
These non-literal aspects, however, can be protected only "to the extent that they incorporate authorship in programmer's expression of original ideas, as distinguished from the ideas themselves." [10] In Computer Associates vs Altai, the Second Circuit proposed the Abstraction-Filtration-Comparison test for identifying these protected elements.
The idea–expression divide differentiates between ideas and expression, and states that copyright protects only the original expression of ideas, and not the ideas themselves. This principle, first clarified in the 1879 case of Baker v.
If the image is tagged as Fair use, then most probably you cannot.See the Fair use section for more details. You can for all other images released under the Creative Commons Attribution-Sharealike 3.0 Unported License or a similarly free license provided you abide by the license conditions – include a link back to the wikipage for that picture or to the creator's website and license any ...
Howell did, however, acknowledge that "we are approaching new frontiers in copyright as artists put AI in their toolbox" as a way to create new and unique forms of work.
An author, after transferring a copyright, can terminate the transfer under certain circumstances. This right to terminate the transfer is absolute and cannot be waived. [35] For works published before 1978, copyrights may revert to the author after 56 years.
The scope of copyright limitations and exceptions became a subject of societal and political debate within various nations in the late 1990s and early 2000s, largely due to the impact of digital technology, the changes in national copyright legislations for compliance with TRIPS, and the enactment of anti-circumvention rules in response to the ...
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