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copyright
(redirected from Copyrightability)

   Also found in: Legal, Financial, Encyclopedia, Wikipedia 0.03 sec.

copyright

Law applying to literary, musical, and artistic works (including plays, recordings, films, photographs, radio and television broadcasts, and, in the USA and the UK, computer programs), which prevents the reproduction of the work, in whole or in part, without the author's consent. It is the exclusive right to reproduce, distribute, display, license, or perform a work. Copyright is a form of intellectual property.

Copyright applies to a work, not an idea. For example, the basic plots of two novels might be identical, but copyright would be infringed only if it was clear that one author had copied from another. A translation is protected in its own right. The copyright holder may assign the copyright to another or license others to reproduce or adapt the work. In 1991, the US Supreme Court ruled that copyright does not exist in the information in a telephone directory since ‘copyright rewards originality, not effort’.

In the USA (since 1989) copyright lasts for a holder's lifetime plus 50 years, or a flat 75 years for a company copyright. It must be registered with the US Copyright Office of the Library of Congress to bring a court action. Works first federally copyrighted before 1978 must still be renewed in the 28th year to receive the second term of 47 years or it will fall into the public domain at the end of the 28th year. Various conditions apply to works published before 1989 and those between January 1, 1978, and March 1, 1989. For specific information, contact the Copyright Office, Library of Congress, Washington, DC. Copyright is internationally enforceable under the Berne Convention 1886 (ratified by the USA on 1 March 1989) and the Universal Copyright Convention 1952 Computer software is specifically covered in the USA under the Copyright Act 1976 and the Computer Software Act 1980.

In 1995 China was forced to crack down on its thriving industry of pirated goods (illegal copies of items protected by international copyright) after the USA threatened to impose punitive tariffs of up to 100% on all Chinese-made imports.



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? Mentioned in ? References in periodicals archive
 
To evaluate what is and is not copyrightable, one needs to review their business assets to assess which of them meet the minimum requirements for copyrightability.
Court of Appeals for the 9th Circuit (which includes California) cast doubt on the copyrightability of fictional characters divorced from stories.
The menu structure, taken as a whole--including the choice of command terms, the structure and order of these terms, their presentation on the screen, and the long prompts--is an aspect of 1-2-3 that is not present in every expression of an electronic spreadsheet [and therefore) meets the requirements of the legal test of copyrightability," Judge Keeton said.
 
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