Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
"Happy Birthday to You", also known as "Happy Birthday", is a song traditionally sung to celebrate a person's birthday. According to the 1998 Guinness World Records, it is the most recognized song in the English language, followed by "For He's a Jolly Good Fellow". The song's base lyrics have been translated into at least 18 languages. The melody of "Happy Birthday to You" comes from the song "Good Morning to All", which has traditionally been attributed to American sisters Patty and Mildred J. Hill in 1893, although the claim that the sisters composed the tune is disputed.
A work of the United States government, as defined by the United States copyright law, is "a work prepared by an officer or employee" of the federal government "as part of that person's official duties." In general, under section 105 of the Copyright Act, such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain.
The Minister's Wooing is a historical novel by Harriet Beecher Stowe, first published in 1859. Set in 18th-century New England, the novel explores New England history, highlights the issue of slavery, and critiques the Calvinist theology in which Stowe was raised. Due to similarities in setting, comparisons are often drawn between this work and Nathaniel Hawthorne's The Scarlet Letter (1850). However, in contrast to Hawthorne's The Scarlett Letter, The Minister's Wooing is a "sentimental romance"; its central plot revolves around courtship and marriage. Moreover, Stowe's exploration of the regional history of New England deals primarily with the domestic sphere, the New England response to slavery, and the psychological impact of the Calvinist doctrines of predestination and disinterested benevolence.
Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985), was a United States Supreme Court decision in which public interest in learning about a historical figure’s impressions of a historic event was held not to be sufficient to show fair use of material otherwise protected by copyright. Defendant, The Nation, had summarized and quoted substantially from A Time to Heal, President Gerald Ford's forthcoming memoir of his decision to pardon former president Richard Nixon. When Harper & Row, who held the rights to A Time to Heal, brought suit, The Nation asserted that its use of the book was protected under the doctrine of fair use, because of the great public interest in a historical figure’s account of a historic incident. The Court rejected this argument holding that the right of first publication was important enough to find in favor of Harper.
The Uruguay Round Agreements Act is an Act of Congress in the United States that implemented in U.S. law the Marrakesh Agreement of 1994. The Marrakesh Agreement was part of the Uruguay Round of negotiations which transformed the General Agreement on Tariffs and Trade (GATT) into the World Trade Organization (WTO). One of its effects is to give United States copyright protection to some works that had previously been in the public domain in the United States.
A copyfraud is a false copyright claim by an individual or institution with respect to content that is in the public domain. Such claims are wrongful, at least under U.S. and Australian copyright law, because material that is not copyrighted is free for all to use, modify and reproduce. Copyfraud also includes overreaching claims by publishers, museums and others, as where a legitimate copyright owner knowingly, or with constructive knowledge, claims rights beyond what the law allows.
Sweat of the brow is an intellectual property law doctrine, chiefly related to copyright law. According to this doctrine, an author gains rights through simple diligence during the creation of a work, such as a database, or a directory. Substantial creativity or "originality" is not required.
The rule of the shorter term, also called the comparison of terms, is a provision in international copyright treaties. The provision allows that signatory countries can limit the duration of copyright they grant to foreign works under national treatment to no more than the copyright term granted in the country of origin of the work.
Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991), was a decision by the Supreme Court of the United States establishing that information alone without a minimum of original creativity cannot be protected by copyright. In the case appealed, Feist had copied information from Rural's telephone listings to include in its own, after Rural had refused to license the information. Rural sued for copyright infringement. The Court ruled that information contained in Rural's phone directory was not copyrightable and that therefore no infringement existed.
Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191, was a decision by the United States District Court for the Southern District of New York, which ruled that exact photographic copies of public domain images could not be protected by copyright in the United States because the copies lack originality. Even though accurate reproductions might require a great deal of skill, experience and effort, the key element to determine whether a work is copyrightable under US law is originality.
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work. The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works.
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978.
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1926, are in the public domain.
Works are in the public domain if they are not covered by intellectual property rights at all, or if the intellectual property rights to the works have expired.
The copyright status of works produced by the governments of states, territories, and municipalities in the United States varies. Copyright law is federal in the United States. Federal law expressly denies U.S. copyright protection to two types of government works: works of the U.S. federal government itself, and all edicts of any government regardless of level or whether or not foreign. Other than addressing these "edicts of government", U.S. federal law does not address copyrights of U.S. state and local government.
Holmes v. Hurst, 174 U.S. 82 (1899), was a United States Supreme Court case in which the Court held when someone begins printing a serial book in a magazine, they may file for copyright of the entire book even if the book does not exist as a completed whole. Failing that, the book is in the public domain, as expected.
Mifflin v. R. H. White Company, 190 U.S. 260 (1903), was a United States Supreme Court case in which the Court held that the authorized appearance of a work in a magazine without a copyright notice specifically dedicated to that work transfers that work into the public domain. Its opinion was also applied to the next case, Mifflin v. Dutton.
Bong v. Campbell Art Co., 214 U.S. 236 (1909), was a United States Supreme Court case in which the Court held, under the International Copyright Act of 1891, A copyright cannot be granted to a non-citizen whose country has not been acknowledged as in a reciprocal copyright arrangement with the United States by a formal presidential proclamation. Because the non-citizen is not granted a copyright, they cannot assign a copyright for a work to a citizen of a country with American copyright privileges. That citizen cannot register a copyright for the work.
