* Copyright Ownership
Expert-defined terms from the Professional Certificate in Intellectual Property and Copyright Law course at London School of Planning and Management. Free to read, free to share, paired with a globally recognised certification pathway.
**Academic fair use** #
**Academic fair use**
Concept referring to the ability to use copyrighted material for purposes of cri… #
The use must be transformative, meaning it adds value or perspective to the original work, and must not negatively impact the market for the original work.
**Copyright** #
**Copyright**
A form of legal protection for original works of authorship, including literary,… #
Copyright gives the owner exclusive rights to reproduce, distribute, display, and perform the copyrighted work, and to create derivative works based on the original.
**Copyright notice** #
**Copyright notice**
A notice placed on a copyrighted work to inform the public that the work is prot… #
A copyright notice typically includes the copyright symbol, the name of the copyright owner, and the year of first publication. Although not required, a copyright notice can help establish evidence of ownership in the event of copyright infringement.
**Copyright registration** #
**Copyright registration**
The process of registering a copyrighted work with the U #
S. Copyright Office. Registration is not required for copyright protection, but it is necessary to bring a lawsuit for copyright infringement. Copyright registration also provides certain benefits, such as the ability to recover statutory damages and attorney's fees in an infringement action.
**Copyright transfer** #
**Copyright transfer**
The assignment of ownership of a copyrighted work from one party to another #
A copyright transfer can be partial or complete, and it can be exclusive or non-exclusive. A complete transfer transfers all of the exclusive rights of the copyright owner, while a partial transfer only transfers some of those rights. An exclusive transfer means that the transferee is the only party with those rights, while a non-exclusive transfer allows the original copyright owner to retain some of those rights.
**Creative Commons** #
**Creative Commons**
A non #
profit organization that provides free, standardized licenses for creators to share their work while retaining some rights. Creative Commons licenses allow creators to specify whether their work can be used for commercial purposes, whether it can be modified, and whether attribution is required.
**Derivative work** #
**Derivative work**
A work that is based on or derived from one or more pre #
existing works. A derivative work may include elements of the pre-existing work, but it must also contain new, original material. Examples of derivative works include translations, adaptations, and musical arrangements.
**Fair use** #
**Fair use**
A legal doctrine that permits the use of copyrighted material without permission… #
Fair use is a complex analysis that considers four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the original work.
**Freedom of speech** #
**Freedom of speech**
The right to express oneself without government restriction #
Freedom of speech is protected by the First Amendment to the U.S. Constitution. While freedom of speech is an important value, it is not absolute and can be limited in certain circumstances, such as when it infringes on the rights of others, including the rights of copyright owners.
**Infringement** #
**Infringement**
The unauthorized use of copyrighted material in a way that violates the exclusiv… #
Examples of infringement include copying, distributing, displaying, or performing a copyrighted work without permission.
**International Copyright Act** #
**International Copyright Act**
A federal law that implements international copyright treaties and provides prot… #
The International Copyright Act also prohibits the importation of infringing copies of copyrighted works.
**License** #
**License**
An agreement between the copyright owner and another party that grants permissio… #
A license may be exclusive or non-exclusive, and it may be limited in scope or duration.
**Moral rights** #
**Moral rights**
The rights of authors to claim authorship of their works and to object to distor… #
Moral rights are protected in some countries, but not in the United States.
**Open source** #
**Open source**
A philosophy and movement that promotes the free distribution and modification o… #
Open source software is typically licensed under permissive licenses that allow users to modify and distribute the software, as long as they make their modifications available under the same license.
**Orphan work** #
**Orphan work**
A copyrighted work whose owner is difficult or impossible to locate #
Orphan works are often unable to be used or licensed due to the uncertainty of obtaining permission from the copyright owner.
**Patent** #
**Patent**
A legal protection for inventions, including processes, machines, manufactures,… #
A patent gives the inventor the exclusive right to make, use, and sell the invention for a limited period of time.
**Performance** #
**Performance**
The public display or performance of a copyrighted work, such as playing a movie… #
Performances are one of the exclusive rights of a copyright owner, and they require permission from the copyright owner unless an exception, such as fair use, applies.
**Plagiarism** #
**Plagiarism**
The act of using someone else's work or ideas without giving credit to the origi… #
Plagiarism is a form of academic dishonesty, and it can also give rise to copyright infringement if the use violates the exclusive rights of the copyright owner.
**Public domain** #
**Public domain**
The state of a work that is no longer protected by copyright, either because the… #
Works in the public domain can be used freely by anyone without permission from the copyright owner.
**Publish** #
**Publish**
To distribute copies of a work to the public by sale or other transfer of owners… #
Publication is one of the exclusive rights of a copyright owner, and it requires permission from the copyright owner unless an exception, such as fair use, applies.
**Registration** #
**Registration**
See copyright registration #
See copyright registration.
**Statutory damages** #
**Statutory damages**
Damages awarded in a copyright infringement action that are set by statute rathe… #
Statutory damages can range from $750 to $30,000 per work infringed, and up to $150,000 per work for willful infringement.
**Trademark** #
**Trademark**
A word, phrase, symbol, or design that identifies and distinguishes the source o… #
Trademarks are protected by federal and state law, and they can last indefinitely as long as they are used and renewed.
**Transformation** #
**Transformation**
The addition of new expression, meaning, or message to a pre #
existing work. Transformative uses are more likely to be considered fair use, as they add value or perspective to the original work and do not negatively impact the market for the original work.
**Truth** #
**Truth**
The state of being in accordance with fact or reality #
Truth is an important value, but it is not always a defense to copyright infringement. Using a copyrighted work to convey truthful information may still infringe the exclusive rights of the copyright owner unless an exception, such as fair use, applies.
**Work for hire** #
**Work for hire**
A work created by an employee within the scope of their employment, or a work sp… #
The employer or commissioning party is considered the author and owner of the work for copyright purposes.
**Copyright Ownership in the course Professional Certificate in Intellectual Pro… #
**Copyright Ownership in the course Professional Certificate in Intellectual Property and Copyright Law**
Academic fair use #
The use of copyrighted material for purposes of criticism, commentary, news reporting, teaching, scholarship, or research, subject to a transformative use analysis and consideration of the four fair use factors. Examples include quoting a passage from a book in a research paper or using a clip from a movie in a film studies class.
Copyright #
Legal protection for original works of authorship, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright gives the owner exclusive rights to reproduce, distribute, display, and perform the copyrighted work, and to create derivative works based on the original.
Copyright notice #
A notice placed on a copyrighted work to inform the public that the work is protected by copyright. A copyright notice typically includes the copyright symbol, the name of the copyright owner, and the year of first publication. Although not required, a copyright notice can help establish evidence of ownership in the event of copyright infringement.
Copyright registration #
The process of registering a copyrighted work with the U.S. Copyright Office. Registration is not required for copyright protection, but it is necessary to bring a lawsuit for copyright