The Requirements for Copyright Protection-JA - Revision history

Shsai at 18:12, 31 May 2014

2014-05-31T18:12:09Z

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	In all countries, there are two requirements for copyright protection: originality and protectable "expression." In a few countries, there is also a third requirement: that the "work" for which an author seeks protection have been "fixed" in a tangible medium of expression.		In all countries, there are two requirements for copyright protection: originality and protectable "expression." In a few countries, there is also a third requirement: that the "work" for which an author seeks protection have been "fixed" in a tangible medium of expression.

	~~==[[image:casestudy.png\|50px\|]] Case Study ==~~

	~~[http://www.law.cornell.edu/uscode/text/17/102 US law] expressly provides that choreographic works are copyrightable; Jamaican law does not.~~

	Can a "choreographed" sports play be protected under US copyright law? consider the "flea flicker": [http://www.youtube.com/watch?v=gY6wk_qDdP8 video 1] and [http://www.youtube.com/watch?v=ik-LNTMYn50 video 2]. See also [http://commons.wikimedia.org/wiki/File:FleaFlicker.png play diagram].

	~~Should a sports play be protected by US copyright? What about Jamaican copyright law?~~

	==The Concept of Originality==		==The Concept of Originality==

Shsai: /* 50px| Case Study */

2013-01-29T21:00:34Z

50px| Case Study

← Older revision		Revision as of 21:00, 29 January 2013
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	[http://www.law.cornell.edu/uscode/text/17/102 US law] expressly provides that choreographic works are copyrightable; Jamaican law does not.		[http://www.law.cornell.edu/uscode/text/17/102 US law] expressly provides that choreographic works are copyrightable; Jamaican law does not.

	Can a "choreographed" sports play be protected under US copyright? consider the "flea flicker": [http://www.youtube.com/watch?v=gY6wk_qDdP8 video 1] and [http://www.youtube.com/watch?v=ik-LNTMYn50 video 2]. See also [http://commons.wikimedia.org/wiki/File:FleaFlicker.png play diagram].		Can a "choreographed" sports play be protected under US copyright law? consider the "flea flicker": [http://www.youtube.com/watch?v=gY6wk_qDdP8 video 1] and [http://www.youtube.com/watch?v=ik-LNTMYn50 video 2]. See also [http://commons.wikimedia.org/wiki/File:FleaFlicker.png play diagram].

	Should it be protected by US copyright? What about Jamaican copyright law?		Should a sports play be protected by US copyright? What about Jamaican copyright law?

	==The Concept of Originality==		==The Concept of Originality==

Shsai: /* 50px| Case Study */

2013-01-29T20:52:05Z

50px| Case Study

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	==[[image:casestudy.png\|50px\|]] Case Study ==		==[[image:casestudy.png\|50px\|]] Case Study ==

	Can a "choreographed" sports play be protected under copyright? consider the "flea flicker": [http://www.youtube.com/watch?v=gY6wk_qDdP8 video 1] and [http://www.youtube.com/watch?v=ik-LNTMYn50 video 2]. See also [http://commons.wikimedia.org/wiki/File:FleaFlicker.png play diagram].		[http://www.law.cornell.edu/uscode/text/17/102 US law] expressly provides that choreographic works are copyrightable; Jamaican law does not.

			Can a "choreographed" sports play be protected under US copyright? consider the "flea flicker": [http://www.youtube.com/watch?v=gY6wk_qDdP8 video 1] and [http://www.youtube.com/watch?v=ik-LNTMYn50 video 2]. See also [http://commons.wikimedia.org/wiki/File:FleaFlicker.png play diagram].

			Should it be protected by US copyright? What about Jamaican copyright law?

	==The Concept of Originality==		==The Concept of Originality==

Shsai at 20:43, 29 January 2013

2013-01-29T20:43:00Z

← Older revision		Revision as of 20:43, 29 January 2013
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	In all countries, there are two requirements for copyright protection: originality and protectable "expression." In a few countries, there is also a third requirement: that the "work" for which an author seeks protection have been "fixed" in a tangible medium of expression.		In all countries, there are two requirements for copyright protection: originality and protectable "expression." In a few countries, there is also a third requirement: that the "work" for which an author seeks protection have been "fixed" in a tangible medium of expression.

			==[[image:casestudy.png\|50px\|]] Case Study ==

			Can a "choreographed" sports play be protected under copyright? consider the "flea flicker": [http://www.youtube.com/watch?v=gY6wk_qDdP8 video 1] and [http://www.youtube.com/watch?v=ik-LNTMYn50 video 2]. See also [http://commons.wikimedia.org/wiki/File:FleaFlicker.png play diagram].

	==The Concept of Originality==		==The Concept of Originality==

Nesson at 17:29, 22 January 2013

2013-01-22T17:29:49Z

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	[http://cyber.law.harvard.edu/people/tfisher/1991%20Feist.pdf Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991)((.link_red))] (originality)		[http://cyber.law.harvard.edu/people/tfisher/1991%20Feist.pdf Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991)((.link_red))] (originality)
			[http://cyber.law.harvard.edu/cx/CopyrightX:_Jamaica_2013 back to Jamaica Main Page]

Nesson at 17:28, 22 January 2013

2013-01-22T17:28:45Z

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			[http://cyber.law.harvard.edu/cx/CopyrightX:_Jamaica_2013 back to Jamaica Main Page]

	In all countries, there are two requirements for copyright protection: originality and protectable "expression." In a few countries, there is also a third requirement: that the "work" for which an author seeks protection have been "fixed" in a tangible medium of expression.		In all countries, there are two requirements for copyright protection: originality and protectable "expression." In a few countries, there is also a third requirement: that the "work" for which an author seeks protection have been "fixed" in a tangible medium of expression.

Shsai: /* Fixation */

2013-01-15T13:19:21Z

Fixation

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	“It shall be a matter for legislation in the countries of the Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form.”		“It shall be a matter for legislation in the countries of the Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form.”

	Most countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that the work be “fixed in a tangible medium of expression” to obtain copyright protection. U.S. law requires that the fixation be stable and permanent enough to be “perceived, reproduced or communicated for a period of more than transitory duration.” Similarly, Canadian courts consider fixation to require that the work be “expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance.”		Most countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that the work be “fixed in a tangible medium of expression” to obtain copyright protection. U.S. law requires that the fixation be stable and permanent enough to be “perceived, reproduced or communicated for a period of more than transitory duration.” Similarly, Canadian courts consider fixation to require that the work be “expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance.” The Jamaican Copyright Act states that ''"[a] literary, dramatic or musical work shall not be eligible for copyright protection unless it is recorded in writing or otherwise...."'' but is silent as to any fixation requirement for other kinds of creative works. (The Copyright Act, Section 6(2)).

	The definition of “fixation” in the United States excludes “purely evanescent or transient reproductions such as those projected briefly on a screen, shown electronically on a television or other cathode ray tube, or captured momentarily in the ‘memory’ of a computer.” Many courts, including those in the United States, have deemed computer programs fixed when stored on a silicon chip. The audiovisual effects of computer games are commonly considered to be fixed because their repetitiveness makes them “sufficiently permanent and stable.”		The definition of “fixation” in the United States excludes “purely evanescent or transient reproductions such as those projected briefly on a screen, shown electronically on a television or other cathode ray tube, or captured momentarily in the ‘memory’ of a computer.” Many courts, including those in the United States, have deemed computer programs fixed when stored on a silicon chip. The audiovisual effects of computer games are commonly considered to be fixed because their repetitiveness makes them “sufficiently permanent and stable.”

Shsai: /* The Exclusion of Ideas from Copyright Protection */

2013-01-14T22:25:11Z

The Exclusion of Ideas from Copyright Protection

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	==The Exclusion of Ideas from Copyright Protection==		==The Exclusion of Ideas from Copyright Protection==

	Copyright law does not protect ideas or facts. Instead, copyright law only protects the expression of those ideas or facts. The U.S. copyright statute is a typical example. It reads: ''“In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.”'' (17 U.S.C. Section 102(b)). The Jamaican Copyright Act contains similar language: ''"Copyright protection does not extend to an idea, concept, process, principle, procedure, system or discovery or things of a similar nature."'' (The Copyright Act, Section 6-8).		Copyright law does not protect ideas or facts. Instead, copyright law only protects the expression of those ideas or facts. The U.S. copyright statute is a typical example. It reads: ''“In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.”'' (17 U.S.C. Section 102(b)). The Jamaican Copyright Act contains similar language: ''"Copyright protection does not extend to an idea, concept, process, principle, procedure, system or discovery or things of a similar nature."'' (The Copyright Act, Section 6(8)).

	The same principle can be found in the major copyright treaties. The Berne Convention, for example, states that protection “shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information.” Both the TRIPS Agreement and the WIPO Copyright Treaty (WCT) state that, while expressions are copyrightable, “ideas, procedures, methods of operation or mathematical concepts as such” are not.		The same principle can be found in the major copyright treaties. The Berne Convention, for example, states that protection “shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information.” Both the TRIPS Agreement and the WIPO Copyright Treaty (WCT) state that, while expressions are copyrightable, “ideas, procedures, methods of operation or mathematical concepts as such” are not.

Shsai: /* Owning a Copy vs. Owning a Copyright */

2013-01-14T22:09:16Z

Owning a Copy vs. Owning a Copyright

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	Even though the owner of a physical copy of a copyrighted work may not be entitled to copy it without permission, he or she is usually free to sell or rent it to other people. The rule that creates this privilege is known as the "first sale" doctrine. As we will see, it is subject to certain exceptions involving commercial rental of some types of material.		Even though the owner of a physical copy of a copyrighted work may not be entitled to copy it without permission, he or she is usually free to sell or rent it to other people. The rule that creates this privilege is known as the "first sale" doctrine. As we will see, it is subject to certain exceptions involving commercial rental of some types of material.

	For the most part, the lawful owner of a copy of a copyrighted work is also free to destroy or mutilate it. However, some treaties and national legal systems recognize “moral rights” that set limits on the freedom of the owner to act in these ways. The Berne Convention, for example, specifies that: ''"Independently of the author’s economic rights, and even after transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation."'' ~~Subject to some exceptions,~~ Jamaica's Copyright Act recognizes the right of the author of a work to be identified as such, and prohibits distortion or mutilation of a work. (The Copyright Act, Sections 36(1), 37).		For the most part, the lawful owner of a copy of a copyrighted work is also free to destroy or mutilate it. However, some treaties and national legal systems recognize “moral rights” that set limits on the freedom of the owner to act in these ways. The Berne Convention, for example, specifies that: ''"Independently of the author’s economic rights, and even after transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation."'' Jamaica's Copyright Act recognizes the right of the author of a work to be identified as such, and, subject to some exceptions, prohibits distortion or mutilation of a work. (The Copyright Act, Sections 36(1), 37).

	== Additional Resources ==		== Additional Resources ==

Shsai: /* Owning a Copy vs. Owning a Copyright */

2013-01-14T22:08:30Z

Owning a Copy vs. Owning a Copyright

← Older revision		Revision as of 22:08, 14 January 2013
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	==Owning a Copy vs. Owning a Copyright==		==Owning a Copy vs. Owning a Copyright==

	Ownership of a physical copy of a work is separate from copyright ownership in the work. Just because you own a copy of a book doesn’t mean you are free to copy it.		Ownership of a physical copy of a work is separate from copyright ownership in the work. Just because you own a copy of a book doesn’t mean you are free to copy it. The Jamaican Copyright Act states: ''"Copyright shall not subsist in a sound recording or film which is, or to the extent that it is, a copy taken from a previous sound recording or film."'' (The Copyright Act, Section 6(4)).

	Ordinarily, when the creator of a work sells or transfers a copy of it to another person, she does not surrender her copyright unless she expressly agrees to do so. So, for example, the writer of a letter or an email message retains the copyright in the letter even after he has sent it to the recipient.		Ordinarily, when the creator of a work sells or transfers a copy of it to another person, she does not surrender her copyright unless she expressly agrees to do so. So, for example, the writer of a letter or an email message retains the copyright in the letter even after he has sent it to the recipient.
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	Even though the owner of a physical copy of a copyrighted work may not be entitled to copy it without permission, he or she is usually free to sell or rent it to other people. The rule that creates this privilege is known as the "first sale" doctrine. As we will see, it is subject to certain exceptions involving commercial rental of some types of material.		Even though the owner of a physical copy of a copyrighted work may not be entitled to copy it without permission, he or she is usually free to sell or rent it to other people. The rule that creates this privilege is known as the "first sale" doctrine. As we will see, it is subject to certain exceptions involving commercial rental of some types of material.

	For the most part, the lawful owner of a copy of a copyrighted work is also free to destroy or mutilate it. However, some treaties and national legal systems recognize “moral rights” that set limits on the freedom of the owner to act in these ways. The Berne Convention, for example, specifies that: ''"Independently of the author’s economic rights, and even after transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation."''		For the most part, the lawful owner of a copy of a copyrighted work is also free to destroy or mutilate it. However, some treaties and national legal systems recognize “moral rights” that set limits on the freedom of the owner to act in these ways. The Berne Convention, for example, specifies that: ''"Independently of the author’s economic rights, and even after transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation."'' Subject to some exceptions, Jamaica's Copyright Act recognizes the right of the author of a work to be identified as such, and prohibits distortion or mutilation of a work. (The Copyright Act, Sections 36(1), 37).

	== Additional Resources ==		== Additional Resources ==