* Fair Use and Other Copyright Exceptions
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.
**Acknowledgement #
** An admission or recognition of the existence or truth of something, often used in the context of copyright to give credit to the original creator or source of a work.
**Concept #
** An acknowledgement is a statement or notice that gives credit to the original creator or source of a work. It is often used in conjunction with fair use or other copyright exceptions to ensure that the use of a copyrighted work does not infringe on the exclusive rights of the copyright owner.
**Example #
** A student writing a research paper may include an acknowledgement that gives credit to the authors of the articles and books they have used in their research.
**Practical application #
** An acknowledgement can help to avoid charges of copyright infringement by clearly indicating the source of the copyrighted work.
**Challenges #
** It is important to ensure that the acknowledgement is accurate and complete, and that it does not imply endorsement or sponsorship by the original creator or source.
**Bibliographic reference #
** A detailed citation of a source of information, often used in academic or research writing to provide evidence or support for a claim or argument.
**Concept #
** A bibliographic reference includes detailed information about the source of the information, such as the title, author, publisher, and publication date. It is used to help readers locate the source and verify the accuracy of the information.
**Example #
** A bibliographic reference for a book might include the title of the book, the author's name, the name of the publisher, and the publication date.
**Practical application #
** Bibliographic references are an essential part of academic and research writing, as they allow readers to verify the accuracy of the information and to locate the sources for further study.
**Challenges #
** It is important to ensure that bibliographic references are accurate and complete, and that they follow a consistent format.
**Collective work #
** A work that is created by multiple authors who have contributed separate and independent parts, such as a magazine or an anthology.
**Concept #
** A collective work is a work that is created by multiple authors who have each contributed separate and independent parts. The authors of a collective work typically retain the copyright in their individual contributions, while the copyright in the collective work as a whole may be owned by the publisher or another entity.
**Example #
** A magazine is a collective work that is created by multiple authors who have each contributed separate articles.
**Practical application #
** The copyright in a collective work is distinct from the copyright in the individual contributions, and it is important to consider both when using or licensing the work.
**Challenges #
** It can be difficult to determine the ownership of the copyright in a collective work, and it may be necessary to obtain permission from multiple authors or copyright owners in order to use or license the work.
**Compilation #
** A work that is created by selecting, organizing, or arranging pre-existing materials, such as a database or a collection of songs.
**Concept #
** A compilation is a work that is created by selecting, organizing, or arranging pre-existing materials. The copyright in a compilation extends to the selection, organization, or arrangement of the materials, as well as to any original material that is added to the compilation.
**Example #
** A database of customer information is a compilation that is protected by copyright.
**Practical application #
** The copyright in a compilation can be infringed by copying or distributing the selection, organization, or arrangement of the materials, as well as by copying or distributing any original material that is added to the compilation.
**Challenges #
** It can be difficult to determine the scope of the copyright in a compilation, and it may be necessary to obtain permission from multiple copyright owners in order to use or license the compilation.
** Computer program #
** A set of instructions that is designed to be executed by a computer, often protected by copyright as a literary work.
**Concept #
** A computer program is a set of instructions that is designed to be executed by a computer. Computer programs are often protected by copyright as literary works, and the copyright extends to both the source code and the object code.
**Example #
** A word processing program is a computer program that is designed to help users create and edit documents.
**Practical application #
** The copyright in a computer program can be infringed by copying, distributing, or modifying the program without permission from the copyright owner.
**Challenges #
** It can be difficult to determine the scope of the copyright in a computer program, as the source code and object code may contain both functional and creative elements.
**Contourable #
** A term used to describe a work that is eligible for the exception for certain architectural works under the Copyright Act.
**Concept #
** A contourable work is a work that is eligible for the exception for certain architectural works under the Copyright Act. This exception allows the copyright in an architectural work to be overcome if the work is constructed, and if the owner of the work authorizes the creation of a physical model or a digital reproduction of the work.
**Example #
** A building that is designed by an architect is a contourable work that is eligible for the exception for certain architectural works under the Copyright Act.
**Practical application #
** The exception for certain architectural works allows the copyright in a building to be overcome if the building is constructed, and if the owner of the building authorizes the creation of a physical model or a digital reproduction of the building.
**Challenges #
** It is important to ensure that the physical model or digital reproduction of the building is created with the permission of the owner of the building, as the exception for certain architectural works does not apply if the building is not constructed or if the owner does not authorize the creation of the model or reproduction.
**Copyright #
** The exclusive legal right to reproduce, distribute, and display a work, granted to the creator of the work for a limited period of time.
**Concept #
** Copyright is the exclusive legal right to reproduce, distribute, and display a work. Copyright is granted to the creator of the work for a limited period of time, and it allows the creator to control how the work is used and to prevent others from using the work without permission.
**Example #
** An author holds the copyright in a book, and the author can control how the book is reproduced, distributed, and displayed.
**Practical application #
** Copyright allows creators to earn a living from their works and to control how their works are used. It is important to respect the copyright in a work and to obtain permission from the copyright owner before using the work.
**Challenges #
** It can be difficult to determine the ownership of the copyright in a work, and it may be necessary to obtain permission from multiple copyright owners in order to use or license the work.
**Copyright Act #
** The federal law that governs copyright in the United States, enacted in 1976 and amended several times since then.
**Concept #
** The Copyright Act is the federal law that governs copyright in the United States. It sets forth the exclusive rights of copyright owners, the duration of copyright protection, and the exceptions and limitations to copyright.
**Example #
** The Copyright Act establishes the exclusive rights of copyright owners, including the right to reproduce, distribute, and display a work.
**Practical application #
** The Copyright Act provides a framework for the protection of copyrighted works and for the use of those works by others. It is important to understand the provisions of the Copyright Act and to comply with its requirements in order to avoid copyright infringement.
**Challenges #
** The Copyright Act can be complex and difficult to understand, and it is important to seek legal advice if you have questions about the application of the Act to a particular situation.
**Copyright owner #
** The person or entity that holds the exclusive legal right to reproduce, distribute, and display a work, granted by copyright.
**Concept #
** The copyright owner is the person or entity that holds the exclusive legal right to reproduce, distribute, and display a work. The copyright owner has the right to control how the work is used and to prevent others from using the work without permission.
**Example #
** An author is the copyright owner of a book, and the author has the exclusive right to reproduce, distribute, and display the book.
**Practical application #
** It is important to respect the copyright of the copyright owner and to obtain permission from the copyright owner before using a copyrighted work.
**Challenges #
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