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In the print format, such copies are called reprints; in the electronic format, they are called postprints. [1] Open access publishers allow authors to retain their copyright, but attach a reuse license to the work so that it can be hosted by the publisher and openly shared, reused and adapted.
Even if all prongs are met, there are fair use defenses that may defeat a claim of copyright infringement. [7] Beyond these basics, US copyright law is complex, confusing, and inconsistent, with a variety of tests employed by courts to determine when copyright has been infringed, including by paraphrasing.
But if the intended exploitation of the work includes publication (or distribution of derivative work, such as a film based on a book protected by copyright) outside the US, the terms of copyright around the world must be considered. If the author has been dead more than 70 years, the work is in the public domain in most, but not all, countries.
The article was a challenge to copyright expansionism, which was just entering its modern phase, and was still largely unquestioned in the United States. It became one of the most widely cited skeptical examinations of copyright. [2] In this piece, Breyer made several points:
Wright v. Warner Books: 953 F.2d 731: 2d Cir. 1991 Sparing use of creative expression from unpublished letters and journals may constitute fair use Basic Books, Inc. v. Kinko's Graphics Corporation: 758 F. Supp. 1522: S.D.N.Y. 1991 Articles copied for educational use are not necessarily fair use. First case where transformative use was raised ...
The existence of some copyright-infringing information in a rote reference work does not entitle the original author to seek an injunction against the printing the later article when the later article's contents demonstrate significant original work.
An anti-copyright notice is a specific statement that is added to a work in order to encourage wide distribution. Such notices are legally required to host such specific media; under the Berne Convention in international copyright law , works are protected even if no copyright statement is attached to them.
The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (August 2013) (Learn how and when to remove this message)