- Jurisdiction
- Texas
Copyright Infringement:
The conscious premeditated copying, reproduction, duplication, or distribution of any officially copyrighted audio, audio-visual, literary, or articulate work, copyrighted in-part, or in its entirety.
sited from wikipedia.com:
Subject matter of copyright
Under section 102 of the Act, copyright protection extends to "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." The Act defines "works of authorship" as any of the following:
literary works,
musical works, including any accompanying words,
dramatic works, including any accompanying music,
pantomimes and choreographic works,
pictorial, graphic, and sculptural works,
motion pictures and other audiovisual works, and
sound recordings.[3]
An eighth category, architectural works, was added in 1990.
Clarification of "Works of Authorship" and Copyright Protection:
Musical Works - Audio
Motion Picure Works - Audiovisual
Dramatic/Pantomimes/Choreographic Works - Literary
Pictorial/Graphic/Sculptural Works - Articulate
Architectural Works - Intellectual Property for Application for Design Patent
Original works of authorship should require official copyright registration through the US Copyright Office for copyright protection of any audio, audio-visual, literary, or articulate work, be it in-part, or in its entirety, and should not constitute validity for granting of copyright protection by the US Copyright Office as of the date for which the original works of authorship are fixed in a copy or phonorecord for the first time on a date before official applicable inspection is carried out for copyright validation by the US Copyright Office.
Copyright protection should not apply to audio, audio-visual, literary, or articulate works in-part, unless the audio, audio-visual, literary, or articulate work 'in-part' specified in its entirety is officially registered for copyright protection through the US Copyright Office, for copyright protection for commercial use of the specific audio, audio-visual, literary, or articulate work in-part.
sited from wikipedia.com:
Fair use
Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this common law doctrine with little modification. Under section 107, the fair use of a copyrighted work is not copyright infringement, even if such use technically violates section 106. While fair use explicitly applies to use of copyrighted work for criticism, news reporting, teaching, scholarship, or research purposes, the defense is not limited to these areas. The Act gives four factors to be considered to determine whether a particular use is a fair use:
the purpose and character of the use (commercial or educational, transformative or reproductive);
the nature of the copyrighted work (fictional or factual, the degree of creativity);
the amount and substantiality of the portion of the original work used; and
the effect of the use upon the market (or potential market) for the original work.[5]
The Act was later amended to extend the fair use defense to unpublished works. [6]
Clarification of Fair Use:
Fair Use should not grant the copyright owner the right to tariff access to copyrighted works. Fair Use should not limit the rights of the consumer for non-profit, non-commercial use of copyrighted material in-part, not covered specifically in its entirety by the official copyright specification for the copyrighted work of authorship registered in its entirety 'in-part', nor should it limit the non-profit, non-commercial consumer use of personally purchased licensed copyrighted works of authorship for one display, or showing, to one spectator at any point in time, whether it be displayed, or shown locally, or remotely, be it by means of an electronically networked wired, or wireless transport mechanism.
Fair Use may limit the contextual reproduction of copyrighted material, such that proprietary reproduction, revision, or modification of the contextual quality of the content of the copyrighted work is not permitted.
Clarification of the Berne Convention:
The Berne Convention should not limit the rights of the nationals, or residents of a country of origin for non-profit, non-commercial use of officially copyrighted works of authorship of domestic nationality, which are copyrighted 'in-whole', or 'in-part', or published domestically within the country of origin, nor should the Berne Convention hold subject the nationals, or residents of domestic nationality to foriegn copyright laws, which should only apply within foriegn countries of origin which are deemed parties to the convention.
The Fair Use of officially copyrighted works of authorship should be determined domestically, and should exempt nationals, or residents of the domestic country of origin.
The conscious premeditated copying, reproduction, duplication, or distribution of any officially copyrighted audio, audio-visual, literary, or articulate work, copyrighted in-part, or in its entirety.
sited from wikipedia.com:
Subject matter of copyright
Under section 102 of the Act, copyright protection extends to "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." The Act defines "works of authorship" as any of the following:
literary works,
musical works, including any accompanying words,
dramatic works, including any accompanying music,
pantomimes and choreographic works,
pictorial, graphic, and sculptural works,
motion pictures and other audiovisual works, and
sound recordings.[3]
An eighth category, architectural works, was added in 1990.
Clarification of "Works of Authorship" and Copyright Protection:
Musical Works - Audio
Motion Picure Works - Audiovisual
Dramatic/Pantomimes/Choreographic Works - Literary
Pictorial/Graphic/Sculptural Works - Articulate
Architectural Works - Intellectual Property for Application for Design Patent
Original works of authorship should require official copyright registration through the US Copyright Office for copyright protection of any audio, audio-visual, literary, or articulate work, be it in-part, or in its entirety, and should not constitute validity for granting of copyright protection by the US Copyright Office as of the date for which the original works of authorship are fixed in a copy or phonorecord for the first time on a date before official applicable inspection is carried out for copyright validation by the US Copyright Office.
Copyright protection should not apply to audio, audio-visual, literary, or articulate works in-part, unless the audio, audio-visual, literary, or articulate work 'in-part' specified in its entirety is officially registered for copyright protection through the US Copyright Office, for copyright protection for commercial use of the specific audio, audio-visual, literary, or articulate work in-part.
sited from wikipedia.com:
Fair use
Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this common law doctrine with little modification. Under section 107, the fair use of a copyrighted work is not copyright infringement, even if such use technically violates section 106. While fair use explicitly applies to use of copyrighted work for criticism, news reporting, teaching, scholarship, or research purposes, the defense is not limited to these areas. The Act gives four factors to be considered to determine whether a particular use is a fair use:
the purpose and character of the use (commercial or educational, transformative or reproductive);
the nature of the copyrighted work (fictional or factual, the degree of creativity);
the amount and substantiality of the portion of the original work used; and
the effect of the use upon the market (or potential market) for the original work.[5]
The Act was later amended to extend the fair use defense to unpublished works. [6]
Clarification of Fair Use:
Fair Use should not grant the copyright owner the right to tariff access to copyrighted works. Fair Use should not limit the rights of the consumer for non-profit, non-commercial use of copyrighted material in-part, not covered specifically in its entirety by the official copyright specification for the copyrighted work of authorship registered in its entirety 'in-part', nor should it limit the non-profit, non-commercial consumer use of personally purchased licensed copyrighted works of authorship for one display, or showing, to one spectator at any point in time, whether it be displayed, or shown locally, or remotely, be it by means of an electronically networked wired, or wireless transport mechanism.
Fair Use may limit the contextual reproduction of copyrighted material, such that proprietary reproduction, revision, or modification of the contextual quality of the content of the copyrighted work is not permitted.
Clarification of the Berne Convention:
The Berne Convention should not limit the rights of the nationals, or residents of a country of origin for non-profit, non-commercial use of officially copyrighted works of authorship of domestic nationality, which are copyrighted 'in-whole', or 'in-part', or published domestically within the country of origin, nor should the Berne Convention hold subject the nationals, or residents of domestic nationality to foriegn copyright laws, which should only apply within foriegn countries of origin which are deemed parties to the convention.
The Fair Use of officially copyrighted works of authorship should be determined domestically, and should exempt nationals, or residents of the domestic country of origin.
