What is 17 usc section 101?

Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following: An “anonymous work” is a work on the copies or phonorecords of which no natural person is identified as author.

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What is a work under the Copyright Act?

28.8 In order to attract copyright, a work must be an original literary, dramatic, musical, or artistic work. A literary work includes a table or compilation expressed in words, figures or symbols; and a computer program or compilation of computer programs.

What constitutes derivative work under the Copyright Act of 1976?

A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.

What is the subject matter of copyright According to 17 USC 102?

17 U.S.C. § 102(a). Eligible “works of authorship” include literary works, musical works, dramatic works, pantomimes, choreographic works, pictorial and graphic works, sculptural works, sound recordings, and even architectural works.

What qualifies as derivative work?

Under the Copyright Act, a “‘derivative work’ is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed …

What are examples of derivative works?

Common examples of derivative works are:

A new, updated or revised, edition of a book.
A translation of a book into another language.
A sequel to a novel or motion picture.
A novel adapted to a screenplay, stage production, or motion picture.
A new musical arrangement of a composition.

What are five copyright categories?

What types of works are not protected by copyright?

Titles, names, short phrases, slogans Titles, names, short phrases, and slogans are not protected by copyright law. Similarly, it is clear that copyright law does not protect simple product lettering or coloring, or the mere listing of product ingredients or contents.

Is derivative art illegal?

There is nothing illegal on its face about creating derivative works that are in fact transformative, but care must be taken to avoid potential copyright infringement claims.

Do you need permission to make a derivative work?

Derivative Work Under Copyright Law § 106(2)). It is considered copyright infringement to make or sell derivative works without permission from the original owner, which is where licenses typically come into play.

Who owns derivative works?

copyright owner
Copyright law vests the original work’s copyright owner with the exclusive right to prepare derivative works. Therefore, the owner in the preexisting work must authorize the creation of a derivative work in order for it to be separately owned by another.

What are three things not protected by copyright?

Not Protected by Copyright: Titles, names, short phrases and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listings of ingredients or contents.