and Licensing
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.
**Abstraction #
Filtration-Comparison Test (AFC Test)**: A test used to determine whether a particular work is sufficiently original to qualify for copyright protection. The test involves three steps: (1) identifying the similarities between the two works at issue, (2) filtering out elements that are not protected by copyright, such as ideas, facts, and scenes a faire, and (3) comparing the remaining elements to determine whether they are substantially similar.
**Copyright** #
A legal right that protects original works of authorship, such as books, music, films, and software, from unauthorized reproduction, distribution, and public display. Copyright gives the owner of the copyright the exclusive right to reproduce, distribute, and display the work, as well as to create derivative works based on the original.
**Copyright Act** #
The main law governing copyright in the United States, codified at 17 U.S.C. §§ 101-810. The Copyright Act establishes the exclusive rights of copyright owners, the duration of copyright protection, and the fair use defense.
**Copyright Office** #
A division of the Library of Congress that is responsible for registering copyright claims, recording documents related to copyright, and providing information and assistance to the public on copyright issues.
**Copyright Owner** #
The person or entity that has the exclusive right to reproduce, distribute, and display a copyrighted work, as well as to create derivative works based on the original. The copyright owner may be the author of the work, or it may be a publisher, record label, film studio, or other entity that has obtained the copyright through a transfer or license.
**Creative Commons** #
A non-profit organization that provides free, standardized licenses that allow creators to share their works while retaining certain rights. Creative Commons licenses allow creators to specify whether their works may be used for commercial purposes, whether they may be modified, and whether they must be attributed to the creator.
**Derivative Work** #
A work that is based on one or more pre-existing works, such as a translation, musical arrangement, or abridgment. A derivative work may only be created with the permission of the copyright owner of the pre-existing work.
**Fair Use** #
A legal doctrine that allows limited use of copyrighted material without obtaining permission from the copyright owner. Fair use is determined on a case-by-case basis, using 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.
**Folklore** #
Traditional stories, songs, dances, and other forms of cultural expression that are passed down from generation to generation. Folklore is often not fixed in a tangible form, making it difficult to protect under copyright law.
**Idea #
Expression Dichotomy**: The principle that copyright protects the expression of ideas, but not the ideas themselves. This means that two works may be similar in terms of their ideas, but still be sufficiently different in their expression to avoid copyright infringement.
**Infringement** #
The unauthorized use of copyrighted material in a way that violates one or more of the exclusive rights of the copyright owner. Infringement may occur through reproduction, distribution, public display, or creation of a derivative work.
**International Copyright** #
Copyright protection that extends beyond a single country. International copyright is governed by a complex web of treaties, conventions, and agreements, including the Berne Convention and the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
**Lanham Act** #
The main law governing trademark law in the United States, codified at 15 U.S.C. §§ 1051-1127. The Lanham Act establishes the requirements for registering a trademark, the rights conferred by a trademark registration, and the remedies available for trademark infringement.
**License** #
A legal agreement that grants permission to use copyrighted material under certain conditions. A license may be exclusive or non-exclusive, and may be limited in terms of duration, territory, or permitted uses.
**Open Source** #
A philosophy and a set of practices that promote the free distribution and modification of software. Open source software is typically licensed under a permissive license that allows users to use, modify, and distribute the software without seeking permission from the copyright owner.
**Original Work of Authorship** #
A work that is created by a human author and that contains a minimal degree of creativity. Original works of authorship are protected by copyright, regardless of their quality or artistic merit.
**Patent** #
A legal right that protects inventions, such as new processes, machines, or chemical compounds, from unauthorized reproduction, use, or sale. A patent gives the owner of the patent the exclusive right to make, use, and sell the invention for a period of time, typically 20 years from the date of application.
**Public Domain** #
Works that are no longer protected by copyright, either because their copyright has expired or because they were never eligible for copyright protection. Works in the public domain may be freely used and modified by anyone.
**Scenes a Faire** #
Stock scenes or elements that are customary or necessary in a particular genre or setting, and that are not protected by copyright. For example, a Western movie might include scenes of cowboys riding horses, shooting guns, and having shootouts, but these scenes a faire would not be protected by copyright.
**Termination of Transfer** #
A provision in the Copyright Act that allows authors to terminate transfers of their copyrights to others under certain circumstances. After termination, the author becomes the copyright owner again, and may exploit the work as he or she sees fit.
**Trademark** #
A word, phrase, symbol, or design that identifies and distinguishes the source of goods or services of one party from those of others. Trademarks are protected by law to prevent consumer confusion and to promote fair competition.
**Trade Secret** #
Information that is not generally known or readily accessible to the public, that gives a business a competitive advantage, and that is subject to reasonable efforts to maintain its secrecy. Trade secrets are protected under state law and may be enforced through injunctions and damages.
**Work for Hire** #
A work that is created by an employee within the scope of his or her employment, or a work that is specially commissioned and falls within certain categories specified in the Copyright Act. The employer or commissioning party is considered the author and copyright owner of a work for hire.