|
| |
| | Open Spaces Magazine - The Purpose of Copyright by Lydia Pallas Loren |
 | | This clause is the constitutional basis for the Copyright Act and also the Patent Act. | | | The ever-expanding scope of rights granted to copyright owners and lengthy duration of this statutory monopoly leads necessarily to an added importance of the rights granted to users of copyrighted works during the term of copyright if copyright law is to remain consistent with its constitutionally mandated goal. | | | The Copyright Act provides that certain kinds of uses of copyrighted works, called fair uses, are not an infringement of copyright, despite the fact that the use may involve copying, adapting, performing, or displaying the copyrighted work. |
|
http://www.open-spaces.com/article-v2n1-loren.php
|
|
| |
| | Copyright Clause |
| | The copyright clause is where it is determined who shall have copyright in the work. | | | A contract which gives the publisher copyright is usually termed a "work-for-hire" contract, because the author is working as a temporary employee; he or she is not considered to be creating the work alone. | | | Most of the time in book puyblishing, the copyright holder is the author. |
|
http://www.infoexchange.com/Guidebooks/Contracts/Copyright.html
|
|
| |
| | A Platonic Dialogue on Eldred v. Ashcroft: Archive Entry From Brad DeLong's Webjournal |
| | Regardless of whether the copyright extension is permissible under the copyrights and patents clause, it would not be permissible under the commerce clause. | | | The brief for _Eldred_ mentions the Commerce Clause only twice (plus once in a footnote), and only to argue by analogy that since the Court has already ruled that the power of Congress under the Commerce Clause is limited, it should rule that Congress's power under the Copyright Clause is limited too. | | | Actually, the precise relationship between copyright law and the First Amendment is one of the most-anticipated aspects of the case. |
|
http://www.j-bradford-delong.net/movable_type/archives/000835.html
|
|
| |
| | Copyright Term Extensions Constitutional |
| | The U.S. Congress had constitutional authority under the Foreign Commerce Clause, not just the Copyright Clause, to pass the Copyright Term Extension Act, because its intention was to protect foreign traffic in copyrighted materials between the United States and member countries of the European Union. | | | A brief filed by the International Coalition for Copyright Protection recently filed a brief in the US Supreme Court giving more details concerning the Foreign Commerce Clause argument and why the passage of the CTEA is line with the First Amendment as well. | | | The 1998 enactment of the Copyright Term Extension Act remedied this, allowing American works to receive the same copyright protection available to European works. |
|
http://www.geocities.com/extensioninfo/copyrights.html
|
|
| |
| | U.S. Copyright Office - Fair Use |
| | One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. | | | This doctrine has been codified in section 107 of the copyright law. | | | One of the more important limitations is the doctrine of “fair use.&; Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years. |
|
http://www.copyright.gov/fls/fl102.html
|
|
| |
| | FindLaw: U.S. Constitution: Article I: Annotations pg. 39 of 58 |
| | Copyright protection, the Court reiterated, is ''wholly statutory,'' and courts should be ''circumspect'' in extending protections to new technology. | | | A major limitation of copyright law is that ''fair use'' of a copyrighted work is not an infringement. | | | Hurst, 174 U.S. The doctrine of common-law copyright was long statutorily preserved for unpublished works, but the 1976 revision of the federal copyright law abrogated the distinction between published and unpublished works, substituting a single federal system for that existing since the first copyright law in 1790. |
|
http://caselaw.lp.findlaw.com/data/constitution/article01/39.html
|
|
| |
| | Copyright Timeline |
| | The court concluded that a state agency cannot be held liable for copyright infringement in federal court. | | | In February 2001, a federal appeals court found that retroactive term extensions by Congress were permissible under the Copyright Clause and rejected the argument that the CTEA is unconstitutional. | | | The major changes for the U.S. copyright system as a result of Berne were: greater protection for proprietors, new copyright relationships with twenty-four countries, and elimination of the requirement of copyright notice for copyright protection. |
|
http://arl.cni.org/info/frn/copy/timeline.html
|
|
| |
| | What is Copyright? |
| | Copyright was originally granted for 14 years with a 14 year extension. | | | It's clear that the framing fathers sought to maximize the public good by granting a copyright for the sole purpose of ensuring some fair income as either incentive or sustenance to the artist. | | | Clearly copyright law is insanely complex, and getting more so. |
|
http://www.dis.org/gessel/copyright/copyright_vs_free_speech.2.html
|
|
| |
| | FindLaw's Writ - Sprigman: The Mouse That Ate The Public Domain |
| | John Deere Co., where it held that the "qualified authority" that the Copyright Clause grants "is limited to the promotion of advances in [science and] the 'useful arts'." In contrast, the copyright grant is not itself the enumerated power; it is merely the instrument through which progress may be realized. | | | Correspondence between Jefferson and Madison regarding the drafting of the Copyright Clause evidences the same concern: both men classify copyrights and patents as "monopolies" sufferable only for limited periods, and only for the purpose of incenting invention. | | | But that authority is palpably at odds with the Supreme Court's statement in Graham that the promotion of progress is the Copyright Clause power. |
|
http://writ.news.findlaw.com/commentary/20020305_sprigman.html
|
|
| |
| | W3C Software License |
| | This version removes the copyright ownership notice such that this license can be used with materials other than those owned by the W3C, reflects that ERCIM is now a host of the W3C, includes references to this specific dated version of the license, and removes the ambiguous grant of "use". | | | The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. | | | Title to copyright in this software and any associated documentation will at all times remain with copyright holders. |
|
http://www.w3.org/Consortium/Legal/copyright-software.html
|
|
| |
| | William W. Van Alstyne, Reconciling What the First Amendment Forbids With What the Copyright Clause Permits: A Summary ... |
| | Insofar as the copyright holder relied on the act of Congress, in brief, the action would fail not because the act was improperly invoked, but because it was useless to serve as a basis for suing to enjoin, or to seek damages, for the knowingly copied and republished portions of the author's work. | | | The Copyright Clause on the other hand is a very specific, enumerated power, expressly granting Congress discretion simply to secure to authors the exclusive right to their respective writings, albeit for limited times rather than in perpetuity. | | | The Supreme Court has never held that an act of Congress adopted pursuant to the Copyright Clause was either void on its face or invalid as applied on First Amendment grounds (as distinct from being void on its face because of not being within the power actually granted by the clause). |
|
http://www.law.duke.edu/journals/lcp/articles/lcp66dWinterSpring2003p225.htm
|
|
| |
| | Copyright 101 :: Module 1 : Brief History of U.S. Copyright Law |
| | Thus, when the United States Constitution was written in 1787, the framers included an authoritative clause in the Constitution, sometimes known as the patent, trademark and copyright clause, enabling both the public and individuals to benefit from the creation and dissemination of creative works. | | | The US Copyright Law itself is a federal law and is codified in U.S. code Title 17. | | | With the application of copyright law, this delicate balance is achieved. |
|
http://www.lib.byu.edu/departs/copyright/tutorial/module1/page2.htm
|
|
| |
| | The dead poets society |
| | Moreover, the trend in international copyright law is towards the removal of formalities in copyright law [121]. | | | They maintained first of all that the extension of the copyright term was beyond the constitutional power of Congress, because the protection of copyright was not for "limited times" as required by the Copyright Clause. | | | In the majority judgment, Justice Ginsburg maintains that the approach of the United States to the Copyright Clause departed from the tradition of the United Kingdom [25]. |
|
http://firstmonday.org/issues/issue8_6/rimmer
|
|
| |
| | SSRN-Does the Copyright Clause Mandate Isolationism? by Graeme Austin |
| | It suggests that these perspectives on U.S. copyright law are difficult to reconcile with the reality of the international context within which U.S. copyright law now operates, and that if their logic is pursued, these perspectives appear to be endorsing and promoting an isolationist approach to the Copyright Clause. | | | This article concerns the constitutional limits of the power of Congress to enact copyright laws, focusing on a number of arguments that have been raised in the context of the Eldred v. | | | Austin, Graeme W., "Does the Copyright Clause Mandate Isolationism?". |
|
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=330083
|
|
| |
| | Copyright's Commons |
| | Third, congressional power to extend copyright protection is constrained both by the preamble of the Copyright Clause and by that clause's "limited Times" requirement. | | | In a 2-1 decision, the court held that retroactive term extensions are within Congress' authority under the Copyright Clause, and that the 20-year term extensions did not violate the First Amendment. | | | We had argued that congressional authority was constrained both by the "promote progress" requirement in the preamble to the Copyright Clause and by the "limited times" restriction within it, an argument justified by the Supreme Court's interpretation of 'Authors' and 'Writings' in light of that preamble. |
|
http://cyber.law.harvard.edu/cc/news20.html
|
|
| |
| | bIPlog at boalt.org: A Clause By Any Other Name... |
| | We have interpreted the Clause to provide authority for Copyrights and Patents, but this doesn't mean that the same clause might not provide support for other "exclusive rights" that could be secured for "authors and inventors". | | | The Clause is the only Article 8 power to have a stated purpose. | | | Several names have been used for the clause that is Article I, Section 8, Clause 8 of the U.S. Constitution. |
|
http://www.boalt.org/biplog/archive/000624.html
|
|
| |
| | Copyright Clause - KWHPS |
| | Submission of text or images for inclusion in this website implies that you have the right to do so and that you are the copyright owner of the submitted images and/or text. | | | KWHPS does not hold copyright of images and text submitted for inclusion to this website via our online services. | | | However, by submitting content to KWHPS you give license to KWHPS to publish the images and text on our website and in our newsletter. |
|
http://nzwildhorses.com/site/copyright.shtml
|
|
| |
| | Online-Design UK - Corporate Copyright Clause |
| | All rights, including copyright and database right, in Online's website and its contents, are owned by or licensed to Online, or otherwise used by Online as permitted by applicable law. | | | In accessing Online 's webpages, you agree that you will access the contents solely for your own private use, and not for any commercial or public use. | | | About Us : Privacy Policy : Copyright : Terms and Conditions : Feedback : Sitemap |
|
http://www.online-design.co.uk/copyright.htm
|
|
| |
| | Publishing Agreement Clause re Copyright |
| | Insert this optional / additional clause into a publishing agreement, to provide that the Author will hold the original copyright, and the publisher is to ensure that every published copy of the work contains a proper copyright notice. | | | This is a generic contract provision in MS Word format, and is not specific to any country or region. | | | The Author shall register the copyright in his own name, and the Author undertakes to secure copyright wherever possible in the following jurisdictions: |
|
http://www.megadox.com/docdetail.php/383
|
|
| |
| | New Scientist Breaking News - Controversial copyright clause abandoned |
| | A similar piece of European legislation called the European Union Copyright Directive is being prepared. | | | These required that authors' work must not contravene the Digital Millenium Copyright Act (DMCA). | | | Computer scientists boycott US over digital copyright law |
|
http://www.newscientist.com/article.ns?id=dn2169
|
|
| |
| | COPYRIGHT PROTECTION CLAUSE |
| | LawResearch copyright extends to at least the HTML CODE*, ARCHITECTURE, TAXONOMY OF THE DATA (url's), and CONTENT STRUCTURE found in our URL directories each page of which bears either Lawresearch, "Just The Law Links" and a © copyright protected symbol and each page is referenced to this copyright protection clause. | | | You may not make electronic copies of our copyrighted materials nor redistribute them to 3rd parties in any form without written permission. | | | The html pages bearing either "WE", or Lawresearch are © copyright protected. |
|
http://www.lawresearch.com/admin/acopyryt.htm
|
|
| |
| | FindLaw: U.S. Constitution: Article I |
| | The Commerce Clause as a Restraint on State Powers | | | The Commerce Clause as a Source of National Police Power |
|
http://caselaw.lp.findlaw.com/data/constitution/article01
|
|
| |
| | The FreeBSD Copyright |
| | Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. | | | Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. | | | Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: |
|
http://www.freebsd.org/copyright/freebsd-license.html
|
|
| |
| | Updating the Copyright Clause: Corante > Copyfight > |
| | Updating the Copyright Clause: Corante > Copyfight > | | | Walt Crawford of the excellent Cites & Insights has a new piece over @ EContent in which he updates the Constitution's copyright clause to reflect today's unfortunate reality: | | | As I put together another too-many-words Copyright section for the next C&I (out next week, I suspect), I find the need to prepare another "why it matters" essay for my library audience--and, in the process, may split my copyright-related coverage into four overlapping areas. |
|
http://www.corante.com/copyfight/archives/006118.html
|
|
|
