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Works that are not "original works of authorship fixed in any tangible medium of expression" are not subject to copyright. codifies that copyright protection does not extend to ideas, procedures, processes, systems, etc. Facts may not be copyrighted. "Useful articles" may not be copyrighted.
The basic right when a work is protected by copyright is that the holder may determine and decide how and under what conditions the protected work may be used by others. This includes the right to decide to distribute the work for free.
Definitions of the boundaries of the public domain in relation to copyright, or intellectual property more generally, regard the public domain as a negative space; that is, it consists of works that are no longer in copyright term or were never protected by copyright law. [15]
Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a number of important considerations such as market failure , freedom of speech , [ 1 ] education and ...
Universal Music Corp. (2015) [8] (the "dancing baby" case), the U.S. Court of Appeals for the Ninth Circuit concluded that fair use was not merely a defense to an infringement claim, but was an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law: "Fair use is therefore ...
In United States copyright law though, "The copyright in an architectural work that has been constructed does not prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work – but only if the building in which the work is embodied is located in or ordinarily visible ...
Unlike works of the U.S. government, works produced by contractors under government contracts are protected under U.S. copyright law [disputed (for: only true at times) – discuss]. The holdership of the copyright depends on the terms of the contract and the type of work undertaken.
Proctor & Gamble 379 F.2d 675 (1st Cir. 1967), a set of rules for sweepstakes based on entrants' social security numbers was not copyrightable because there were only a limited number of ways to express the underlying idea of the sweepstakes instructions. In such cases the expression merges with the idea and is therefore not protected. [18]