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Intellectual Property News
Fair Use Of The Copyright Act Of 1976
OLC Memorandum on Whether Government Reproduction of Copyrighted Materials Invariably is a "Fair Use" under Section 107 of the Copyright Act of 1976 (April 30, 1999)
There is no "per se" rule that government reproduction of copyrighted material -- including, in particular, government photocopying of copyrighted materials for internal government use -- automatically qualifies as a fair use under section 107 of the Copyright Act of 1976. However, government photocopying would in many contexts be noninfringing because it would be a "fair use"; and there are good reasons that, if an agency decides to negotiate photocopying licensing agreements, it should seek to limit the scope of any such arrangement to cover only those government photocopying practices that otherwise would, in fact, be infringing. Analysis of these issues is provided via the link below:
The life of a copyright is longer than other IP rights.
Copyrights also endure longer than some other forms of IP. The copyright period protection cover the life of the author plus 50 years.
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Definition:
This is a contractual agreement from a copyright owner or the owner's authorized agent, such as a third party vendor, allowing another party to exercise one or more of the exclusive rights provided the copyright owner under the Copyright Law (See FAQ Section 2.1.5).
Government records
Definition:
Derivative work is based on modified preexisting works to which the copyright owner has the exclusive rights to. The piece of work resulting from derivative work, considered as a whole may be separately copyrightable.
Unfair Competition
Definition:
Commercial conduct that the law views as unjust. A person injured by an act of unfair competition is entitled to relief in a civil action against the perpetrator of the act.
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