Glossary - Revision history

Ecrowley: /* Work For Hire */

2012-01-20T19:14:19Z

Work For Hire

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	'''A creative work that the creator has made at someone else’s request, usually for pay.'''		'''A creative work that the creator has made at someone else’s request, usually for pay.'''

	Work for hire is a concept from U.S. copyright law, and exists in a few others as well. For example, if a person commissions a sculpture from an artist, and provides very specific requirements as to materials and appearance, the sculpture will probably be a work for hire, although the ultimate determination is fact specific.		Work for hire is a concept from U.S. copyright law and exists in a few others as well. For example, if a person commissions a sculpture from an artist, and provides very specific requirements as to materials and appearance, the sculpture will probably be a work for hire, although the ultimate determination is fact specific.

	The concept serves to clear up any confusion that might result when an employee creates a copyrightable work in the course of their employment. Under the “works made for hire” doctrine, the employer holds the copyright in such a situation.		The concept serves to clear up any confusion that might result when an employee creates a copyrightable work in the course of their employment. Under the “works made for hire” doctrine, the employer holds the copyright in such a situation.

Ecrowley: /* TPM – Technological Protection Measures */

2012-01-20T19:13:38Z

TPM – Technological Protection Measures

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	==TPM – Technological Protection Measures==		==TPM – Technological Protection Measures==

	'''Technological protection measures, or “TPM” are security measures added to digital technology and content by content providers in order to restrict and control access, and exert greater control over the uses of the content they sell.'''		'''Technological protection measures, or “TPM” are security measures added to digital technology and content by content providers in order to restrict and control access and exert greater control over the uses of the content they sell.'''

	TPM is a broader term than “DRM", which really refers only to software-encoded protections. TPM is potentially both software and hardware based. Measures could include requiring passwords, filtering software, censor chips in computers, monitoring/ surveillance technology, (semi-)autonomous software tools and more. Regionally coded DVDs and DVD players are one example of a TPM. Other examples are Microsoft’s “Trusted Computing” and the “feature” of Apple’s iTunes that permits users to transfer a song to only five different computers.		TPM is a broader term than “DRM", which really refers only to software-encoded protections. TPM is potentially both software and hardware based. Measures could include requiring passwords, filtering software, censor chips in computers, monitoring/ surveillance technology, (semi-)autonomous software tools and more. Regionally coded DVDs and DVD players are one example of a TPM. Other examples are Microsoft’s “Trusted Computing” and the “feature” of Apple’s iTunes that permits users to transfer a song to only five different computers.

Ecrowley: /* Piracy */

2012-01-20T19:11:58Z

Piracy

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	'''Broadly, any infringement of copyright by copying, or copyright-related theft.'''		'''Broadly, any infringement of copyright by copying, or copyright-related theft.'''

	Despite the images it may evoke of ocean-going bearded villains with swords, when it comes to copyright law, piracy is a catch-all term, used to describe many different sorts of copyright infringement, and all types of illegal copying.		Despite the images it may evoke of ocean-going bearded villains with swords, when it comes to copyright law, piracy is a catch-all term, used to describe many different sorts of copyright infringement and all types of illegal copying.

	Some analysts have pointed to and criticized a semantic trend from using piracy to describe only large-scale copying for commercial gain to using, to describe any unauthorized of copying.		Some analysts have pointed to and criticized a semantic trend from using piracy to describe only large-scale copying for commercial gain to using, to describe any unauthorized of copying.

Ecrowley: /* “Opt-out” */

2012-01-20T19:10:33Z

“Opt-out”

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	'''When a person must choose to not do something, otherwise it will happen automatically.'''		'''When a person must choose to not do something, otherwise it will happen automatically.'''

	Opt-in describes the default state in any situation in which a user or participant has a choice of whether to do something or not, and the default state prior to any user involvement or active decision is “doing it”.		Opt-out describes the default state in any situation in which a user or participant has a choice of whether to do something or not, and the default state prior to any user involvement or active decision is “doing it”.

	That is, unless the user consciously and deliberately decides to not agree, or participate, and chooses "no", the assumption going forward is that he or she agrees to the conditions proposed.		That is, unless the user consciously and deliberately decides to not agree, or participate, and chooses "no", the assumption going forward is that he or she agrees to the conditions proposed.

Ecrowley: /* Counternotice */

2012-01-20T19:08:55Z

Counternotice

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	'''The response to a DMCA takedown notice.'''		'''The response to a DMCA takedown notice.'''

	A counternotice is the action taken by the person who originally posted the work that was taken down under a DMCA Section 512 “notice and takedown”. If the poster believes that the work was used legitimately, ~~they~~ can inform the host, who then are required to put it back up, and notify the alleged rightsholder that the copyright has been challenged.		A counternotice is the action taken by the person who originally posted the work that was taken down under a DMCA Section 512 “notice and takedown”. If the poster believes that the work was used legitimately, he or she can inform the host, who is then are required to put it back up and notify the alleged rightsholder that the copyright has been challenged.

	The process for challenging takedowns with a counterntice is much more time-consuming ~~and lengthy~~ than that for a takedown itself, leading some to criticize the system as unfairly favoring alleged rights-holders, creating a legal avenue for private censorship of speech, and confronting Internet hosting sites with skewed incentives.		The process for challenging takedowns with a counterntice is much more time-consuming than that for a takedown itself, leading some to criticize the system as unfairly favoring alleged rights-holders, creating a legal avenue for private censorship of speech, and confronting Internet hosting sites with skewed incentives.

	====“Putback”====		====“Putback”====

Ecrowley: /* Neighboring Rights */

2012-01-20T19:07:41Z

Neighboring Rights

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	'''The rights of people who have participated in the creation of a copyrighted work, but who did not “write” it, and for a variety of reasons do not normally qualify for traditional forms of copyright.'''		'''The rights of people who have participated in the creation of a copyrighted work, but who did not “write” it, and for a variety of reasons do not normally qualify for traditional forms of copyright.'''

	Neighboring rights are copyrights that exist adjacent to more traditional author’s copyrights, and are granted to a few specific categories of person. The term most often refers to. Examples might include the sound engineers at a recording studio, the performers of a musical composition, or a broadcast organization.		Neighboring rights are copyrights that exist adjacent to more traditional author’s copyrights and are granted to a few specific categories of person. The term most often refers to. Examples might include the sound engineers at a recording studio, the performers of a musical composition, or a broadcast organization.

	Neighboring rights as such do not exist in all copyright law systems. Some jurisdictions subsume them within “copyright” in general without treating them as any different.		Neighboring rights as such do not exist in all copyright law systems. Some jurisdictions subsume them within “copyright” in general without treating them as any different.

Ecrowley: /* Vicarious */

2012-01-20T19:06:52Z

Vicarious

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	Vicarious infringment is roughly akin to “you should have known infringement was taking place, and done something about it.		Vicarious infringment is roughly akin to “you should have known infringement was taking place, and done something about it.

	A club owner who hires performers who then play protected works without permission to do so, and without the owner’s knowledge, is vicariously infringing. The owner herself is not infringing, or helping the performer to do so, but she could make sure of the performer’s licensing, and she is indirectly profiting from the infringement, because of the revenues from patrons of the club. Another example would be someone who runs an outdoor market, renting stalls to vendors. If a particular vendor is selling infringing goods, the market owner is vicariously infringing. (For a classic example in US law, see Fonovisa Inc. v. Cherry Auction, Inc., 847 F.Supp. 1492 (E.D. Cal. 1994).		A club owner who hires performers who then play protected works without permission to do so, and without the owner’s knowledge, is vicariously infringing. The owner herself is not infringing, or helping the performer to do so, but she could make sure of the performer’s licensing, and she is indirectly profiting from the infringement because of the revenues from patrons of the club. Another example would be someone who runs an outdoor market, renting stalls to vendors. If a particular vendor is selling infringing goods, the market owner is vicariously infringing. (For a classic example in US law, see Fonovisa Inc. v. Cherry Auction, Inc., 847 F.Supp. 1492 (E.D. Cal. 1994).

	====Inducement====		====Inducement====

Ecrowley: /* Contributory */

2012-01-20T19:05:17Z

Contributory

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	====Contributory====		====Contributory====

	'''A contributory infringer has knowledge of the related direct infringement~~, i.e. that it is taking place;~~ and ~~must make~~ a material contribution to it in some way.'''		'''A contributory infringer has knowledge of the related direct infringement and makes a material contribution to it in some way.'''

	Examples of contributory infringement would be a CD factory owner who knows that his machines are being used to make illegal copies of protected works, or someone who provides software tools for cracking encryption regimes.		Examples of contributory infringement would be a CD factory owner who knows that his machines are being used to make illegal copies of protected works, or someone who provides software tools for cracking encryption regimes.

	====Vicarious====		====Vicarious====

Ecrowley: /* Direct */

2012-01-20T19:04:27Z

Direct

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	'''Direct infringement takes place when a person who is not the rightsholder performs or engages in one of the activities that the copyright holder has the exclusive right to perform.'''		'''Direct infringement takes place when a person who is not the rightsholder performs or engages in one of the activities that the copyright holder has the exclusive right to perform.'''

	Direct ~~infringment~~ is the most common kind of infringement, and takes place whenever a user violates any of the rights granted to a copyright holder.		Direct infringement is the most common kind of infringement and takes place whenever a user violates any of the rights granted to a copyright holder.

	“A plaintiff must meet two requirements to establish a prima facie case of copyright infringement: (1) ownership of the allegedly infringed material and (2) violation by the alleged infringer of at least one of the exclusive rights granted to copyright holders.” -- LGS Architects, Inc. v. Concordia Homes of Nev., 434 F.3d 1150, 1156 (9th Cir. 1996)		“A plaintiff must meet two requirements to establish a prima facie case of copyright infringement: (1) ownership of the allegedly infringed material and (2) violation by the alleged infringer of at least one of the exclusive rights granted to copyright holders.” -- LGS Architects, Inc. v. Concordia Homes of Nev., 434 F.3d 1150, 1156 (9th Cir. 1996)

	For example, if a copy has been made without permission, that is direct infringement.		For example, if a copy has been made without permission, that is direct infringement.

	====Indirect /secondary====		====Indirect /secondary====

Ecrowley: /* IFRRO */

2012-01-20T19:03:36Z

IFRRO

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	“The International Federation of Reproduction Rights Organisations (IFRRO) is an independent organisation established on the basis of the fundamental international copyright principles embodied in the Berne and Universal Copyright Conventions. Its purpose is to facilitate, on an international basis, the collective management of reproduction and other rights relevant to copyrighted works through the co-operation of national Reproduction Rights Organisations (RROs). Collective or centralised rights management is preferable where individual exercise of rights is impractical.		“The International Federation of Reproduction Rights Organisations (IFRRO) is an independent organisation established on the basis of the fundamental international copyright principles embodied in the Berne and Universal Copyright Conventions. Its purpose is to facilitate, on an international basis, the collective management of reproduction and other rights relevant to copyrighted works through the co-operation of national Reproduction Rights Organisations (RROs). Collective or centralised rights management is preferable where individual exercise of rights is impractical.

	~~IFRRO through~~ its members supports creators and publishers alike and provides internationally a common platform for them to foster the establishment of appropriate legal frameworks for the protection and use of their works.		Through its members, IFRRO supports creators and publishers alike and provides internationally a common platform for them to foster the establishment of appropriate legal frameworks for the protection and use of their works.

	IFRRO works to increase on an international basis the lawful use of text and image based copyright works and to eliminate unauthorised copying by promoting efficient Collective Management of rights through RROs to complement creators' and publishers' own activities.”		IFRRO works to increase on an international basis the lawful use of text and image based copyright works and to eliminate unauthorised copying by promoting efficient Collective Management of rights through RROs to complement creators' and publishers' own activities.”