Copyright

Copyright Basics

What is a Copyright?  A copyright is a set of exclusive rights granted to the author or creator of an original work.  More »

 

Small Entity Articles Related to Copyright

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Is there even $75 trillion dollars in the entire world?

Copyright law allows a copyright holder to collect what are termed “statutory damages” in an infringement case. Unlike traditional injury-based damages, statutory damages are not related to the actual harm done to a plaintiff.  Instead, they are set by Congress, and are defined in the copyright statute.  (Hence the term.) The copyright statute provides: (c) [...]

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Can Public Domain Works be re-Copyrighted?

The Supreme Court looks to answer that question when they take up Golan v. Holder this fall. The Supreme Court says it will hear a case considering whether public domain works can be pushed back into the copyright closet. And advocacy groups say that free speech is at stake in this fight. Congress’ decision to [...]

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Company ordered to stop sending DMCA takedown notices to eBay

Company ordered to stop sending DMCA takedown notices to eBay

The DMCA creates a “safe harbor” for online service providers (OSPs) against copyright liability if they adhere to certain provisions of the act.  Most notably, if an online service provider immediately “takes down” any allegedly infringing content in response to a properly filed DMCA notification, the OSP avoids copyright infringement liability.  As you might imagine, [...]

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How to Tell if Something is Protected by Copyright

How to Tell if Something is Protected by Copyright

Determining if a particular work is covered by copyright can be a cumbersome task. Take, for instance, an simple audio recording. There, you’ve got multiple ownership rights to contend with, including the song lyric writer’s rights, the score composer’s rights, and the performing artist’s rights.  It may be that some of these elements are in [...]

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Minnesota Woman Ordered to Pay $1,500,00 for Downloading 24 Songs

Minnesota Woman Ordered to Pay $1,500,00 for Downloading 24 Songs

[media-credit id=1 align="alignleft" width="240"][/media-credit] A Minnesota woman has been ordered to pay $1.5 million dollars for illegally downloading just 24 songs using the filesharing program Kazaa. A federal jury on Wednesday ordered Thomas-Rasset to pay $62,500 for each of 24 songs she illegally downloaded through an online file-sharing program. That adds up to $1.5 million. [...]

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The Web is Most Definitely Not Public Domain

The Web is Most Definitely Not Public Domain

[media-credit name="Cook's Source | Small Entity" align="alignleft" width="200"][/media-credit] It was posted to LiveJournal, then Reddit blew it up, and it ultimately landed on Consumerist. What is “it,” you ask? “It” is the story of a little print-magazine that lifted a story from an even littler person’s website and printed it, without permission, and without renumeration. [...]

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