Copyright

Libel, Invasion of Privacy

Need to know the differences!

and test also covers copyright.

"In Libel law a private person has to prove what level of fault? Negligence..but if you want punitive damages (punishment) then you have to prove actual malice..even a private person)

Copyright

Part of the Constitution BEFORE the First Amendment was passed.

Article 1, Section 8

Intellectual property recognized by Constitution: Inventions, Writings

Copyrightable Works

"original works of authorship fixed in any tangible form of expression…from which they can be perceived, reproduced, or otherwise communicated."

Ideas cannot be copyrighted…has to be TANGIBLE!

allows creatives to maintain control of it.

Six Rights under Copyright Law

• right of reproduction of the work
• right of preparation of derivative works
• right of public distribution of the work
• right of public performance of the work
• right of public display of the work
• right of public digital performance of a sound recording

Materials that can be copyrighted include:

Literary or musical works

Dramatic works, including accompanying music

Pantomimes and choreographic works

pictorial, graphics and sculptural works

motion pictures

sound records

"There's only so many letters in the alphabet--like what? 24 or 26?"

in discussing copyrights and slogans

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Materials that cannot be copyrighted included:

Facts:

News Events

Telephone books and databases

Collective works

Derivative Work

OWNERSHIP

• Author
• Joint ownership   (split equally)
• work for hire  (you sign off the rights and the company owns it)
• freelance (you record it and they buy it…I still own the footage)
• government ownership
• states have limited right to copyright documents

Terms of Protection

Works created BEFORE January 1, 1978

• protected by copyright for 95 years

Works created AFTER 1978

• protected for life of the author or creative plus 70 

Joint Ownership

• protected for life of the last living creator plus 70 years

Works for hire

• protected for 95 years after publication

Business works

• protected for 120 years from creation or 95 years from date of publication