Intellectual Property and Copyright

Introduction

The purpose of copyright law is to protect original published materials from the unauthorized and illegal of use of the original material (intellectual property) contained within. " But to expect that copyright will survive the new information technologies is not to expect that it will be unchanged, nor that those industries--publishing, music, computer software, etc.--that depend on copyright law will remain unchanged. To the contrary, pressure for change will build on both industry practices and the development of copyright doctrine. Indeed, one can expect industry practice and copyright doctrine to sharply intersect in several areas. One significant area . . . is that of copyright preemption of state contract law. For a combination of reasons, we can expect to see considerable emphasis in litigation on the preemption doctrine in the future."(4)

Origination

"Copyright arises automatically as soon as some aspect of a protectable work has been fixed in a tangible medium (such as an internet server). Notice is not required; registration is required only if legal action is warranted and the work originates in the U.S. However, giving notice and promptly registering works provide legal advantages. Those advantages are explained below, along with basic limits to copyright protection." (5)

Fair Use

Fair use doctrine determines what exactly is allowed without violating copyright law. "The touchstone of fair use is whether there is harm to the copyright owner's market. If there is no harm, then the use is much more likely to be fair. In the digital context, this may actually point toward a shrinking of the fair use boundaries. If the publisher has made it possible to obtain any quantity of information, large or small, quickly and with minimal hassle, unauthorized use looks more and more like harm to a real and functioning market." (6)


(7) (8) (9) (10)


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