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Published byJonas Logan Modified over 9 years ago
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By: Kayla Ellis
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the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.
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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 Sound recordings Architectural works
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Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded) Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
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Copyrights are generally owned by the people who create the works of expression, with some important exceptions: If a work is created by an employee in the course of his or her employment, the employer owns the copyright. If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.
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(in US copyright law) the doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.
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In copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work.
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people of royal blood or status. a member of a royal family. the status or power of a king or queen. a sum of money paid to a patentee for the use of a patent or to an author or composer for each copy of a book sold or for each public performance of a work. a royal right (now esp. over minerals) granted by a sovereign to an individual or corporation. a payment made by a producer of minerals, oil, or natural gas to the owner of the site or of the mineral rights over it.
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a violation of the rights secured by a copyright If you use a copyrighted work without permission and your usage is not exempt under copyright law, you are infringing upon the copyright holder's rights. The copyright holder can sue you for actual damages or loss of profits. The copyright holder may also seek statutory damages up to $150,000 per infringement.
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A single quotation or several shorter quotes from a full- length book, more than 300 words in toto. A single quotation of more than 50 words from a newspaper, magazine, or journal. Artwork, photographs, or forms, whether or not from a published source. Sometimes more than one permission is required for a photograph, e.g., from the photographer and also from the creator of the underlying work shown in the photograph. A single quotation or several shorter quotes from a full-length book, more than 300 words in toto. Charts, tables, graphs, and other representations where, inevitably, you are using the entire representation, since the copyrighted features are complete in themselves and inherent in the whole work. Material which includes all or part of a poem or song lyric (even as little as one line), or the title of a song.
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Computer representations, such as the depiction of results of research on computerized databases, the on-screen output of software, reproduction of web pages, and the capture of Internet or other online screen shots. (For small and insignificant portions, "fair use" may apply; see description below). Note, however, that if a website invites or authorizes copying and there is nothing to indicate it contains material which is original to others and therefore would require permission from the original source, then you do not need to get permission. Any third party software to be distributed as an electronic component with your book. A separate form letter and tracking table are available for such permissions. Please contact your editor. Use of materials from other Wiley publications, and from your own previously-published works. Note that while Wiley will not charge you a fee to use Wiley-published materials, we may collect a fee on behalf of the author and/or the artist, and you still need to insert a credit line in the text of your work. Contact the Wiley Permissions Department if you need permission for use of Wiley-published materials
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Determine if permission is needed for the work you want to use. Identify the copyright holder or agent. Send written request for permission to use. Remember to give yourself ample lead time, as the process for obtaining permissions can take months. Decide if you are willing to pay a licensing fee/royalty. If the copyright holder can't be located or is unresponsive (or if you are unwilling to pay a license fee), be prepared to use a limited amount that qualifies for fair use, or use alternative material. Consult others if needed.
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The way in which copyright protection is secured is frequently misunderstood. Copyright is secured automatically when a work is created. A work is "created" when it is fixed in a tangible form for the first time. For example, a song (the "work") can be fixed in sheet music, phonograph disks or both. No publication, registration or other action in the Copyright Office is required to secure copyright. There are, however, definite advantages to registration, including the ability to sue for infringement.
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In the United States, the Library of Congress officially registers copyrights which now last for the life of the author plus 70 years.
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