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Porter: (a) whether copying occurred (as opposed to independent creation), and (b) whether the copying amounts to an "improper appropriation", meaning that enough of the author's protected expression (and not unprotected ideas) was copied to give rise to a "substantial similarity" between the original work and the putative copy.
The court ruled that exact or "slavish" reproductions of two-dimensional works such as paintings and photographs that were already in the public domain could not be considered original enough for protection under U.S. law, "a photograph which is no more than a copy of a work of another as exact as science and technology permits lacks ...
The first source is the information rent the intermediary receives, which is the difference between the consumer's submitted offer price and the threshold price. The second source is the difference between the threshold price and the wholesale price, if the NYOP retailer chooses a threshold price that is above the wholesale price.
The law is automatically connecting an original work as intellectual property to its creator. [30] Although the concepts throughout the years have been mingled globally, due to international treaties and contracts, distinct differences between jurisdictions continue to exist. [31]
First edition most often refers to the first commercial publication of a work between its own covers, even if it was first printed in a periodical: the complete text of Ernest Hemingway’s The Old Man and the Sea appeared in the September 1, 1952, issue of Life, yet the generally accepted "first" edition is the hardcover book Scribner’s ...
In Lowry's Reports, Inc. v. Legg Mason Inc., [97] a 2003 lawsuit between a publisher of stock analysis newsletters against a company that buys one copy of the newsletters and makes multiple copies for use in-house, the jury awarded damages – actual damages for some newsletters and statutory damages for other newsletters – totaling $20 million.
Direct evidence of actual copying by a defendant rarely exists, so plaintiffs must often resort to indirectly proving copying. [1] [page needed] Typically, this is done by first showing that the defendant had access to the plaintiff's work and that the degree of similarity between the two works is so striking or substantial that the similarity could only have been caused by copying, and not ...
In this sense, freedoms refers to the use of the work for any purpose, and the ability to modify, copy, share, and redistribute the work, with or without a fee. Licenses which implement copyleft can be used to maintain copyright conditions for works ranging from computer software , to documents , art , and scientific discoveries, and similar ...