Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
What is fixation?
One of the two requirements for something to be entitled
tocopyright protection is that it must be fixed in a tangible medium(the
other requirement is that the fixed work must be original). This essentially
means that the work must be embodied in a copy which allows it to be
seen or copied by others. The fixation requirement is a relatively easy
standard to meet. Examples of sufficient fixation include writing
something on a piece of paper or typing something into a computer and
then saving/storing that information. Fixation does not include something
which is simply spoken, unless it was either previously written down or
the speech is being recorded (because the recording process fixes the
speech in a tangible medium). However, fixation does not have to be
directly perceptible by a person, it just has be capable of being perceived
with the help of a machine or device this is why fixation on a computer
disk or RAM is sufficient to meet this requirement, because a computer
can aid a user in perceiving that information.
For sounds or images which are being transmitted, fixation is at the time
of transmission if the sounds or images are also being recorded at that
time. So a live television show, of an NFL game for example, is generally
recorded at the same time it is being aired live, meaning the fixation
requirement is met and the live program can be protected by copyright.
Finally, while federal copyright law does not protect works which are not
fixed, common law (which is law made by the courts, rather than by
statute), may protect unfixed works.
What is a copyright?
A copyright is a legal right the government grants to the author of an
original work, such as a book or song, which gives the author
certain exclusive rights in that work. In other words, for a specific amount
of time, the owner of a copyright (generally, but not always, the author of
the work) can control how his work is used, copied, displayed, etc., and
prevent others from doing such things without the owners permission.
While the rights granted to a copyright owner are exclusive (meaning that
the owner, and the owner alone, can exercise those rights), there are
some predefined and limited exceptions. For example, one right granted
to a copyright owner is the exclusiveright to reproduce. Thus the owner of
a copyright in a book is the only one allowed to make copies of that book.
However, if you want to write a review of that book, you can copy a
paragraph from the book to include in your review without infringing the
copyright because this is fair use (one of the predefined exceptions to the
exclusive copyright rights).
(because these are all expressions of an idea), the idea of a war between
computers and humans, or a virtual reality world being used as a prison,
is not protectable.
What is a copy?
Within the context of copyrightlaw, a copy is any physical object, except
for a phonorecord, that stores or fixes copyrighted works (such as a book,
a film, a sculpture, a painting, etc.).
What is an author?
In terms of copyright law, an author is generally the person who creates a
work. The exception to this rule is when the work is a so-called work for
hire, in which case the author is deemed to be the creators employer. If
two or more people create a work together, they are joint authors of the
work.
What is a copyright?
A copyright is a legal right the government grants to the author of an
original work, such as a book or song, which gives the author
certain exclusive rights in that work. In other words, for a specific amount
of time, the owner of a copyright (generally, but not always, the author of
the work) can control how his work is used, copied, displayed, etc., and
prevent others from doing such things without the owners permission.
While the rights granted to a copyright owner are exclusive (meaning that
the owner, and the owner alone, can exercise those rights), there are
some predefined and limited exceptions. For example, one right granted
to a copyright owner is the exclusiveright to reproduce. Thus the owner of
a copyright in a book is the only one allowed to make copies of that book.
However, if you want to write a review of that book, you can copy a
paragraph from the book to include in your review without infringing the
copyright because this is fair use (one of the predefined exceptions to the
exclusive copyright rights).