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copyright law Archives

Independent artists struggle to protect copyrights

Intellectual property is not something that is important only to large corporations. There are many small businesses and even individuals in California and elsewhere who hold copyrights or other forms of intellectual property for their creations and work. These people and entities may sometimes feel they have a limited ability to actually benefit from these protections, however.

Software copyright dispute leads to Supreme Court petition

Copyright disputes in California can be difficult to resolve. There are often legitimate questions as to who originated a particular work, whether a work is derivative, whether the information is so basic that copyright does not apply or whether the use of copyrighted material was fair. As digital technologies are still emerging and evolving, the courts sometimes seem to have trouble keeping up with how existing intellectual property laws apply to their continuing development. 

Musician's appeal to drop copyright lawsuit denied

The music industry is certainly that built on highly creative works and endeavors. That creative nature, however, does not negate the fact that it is still a business and one that many people in California make their living from. Any companies that are involved in the music industry or that rely on protections from copyrights might understandably keep a close eye on prominent litigation in this arena.

What does and does not a copyright protect?

A copyright is a form of protection that safeguards original works of authorship including dramatic, literary, artistic and musical works. Such works may include but are not limited to novels, poetry, songs, movies, architecture and computer software. A copyright does not protect ideas, facts, systems or methods of operation, though it may protect the way in which one expresses these things. If you wish to obtain a copyright in California, it is important that you first understand what copyright does and does not protect. Copyright.gov explains protections in detail.

What are the four factors of fair use?

in public their unpublished or published works in a fixed medium. However, while you have the right to limit the use of your creative work under copyright law, there are certain situations in which someone can use portions of your work without your permission according to the principle of fair use. 

Derivative works and infringement

Movies based on novels, paintings based on photographs, even poems that consist entirely of direct transcriptions of newspaper editions: there are many examples of artistic endeavors that could be considered derivative works. Classifying them as such could open them up for arguments concerning copyright infringement. California tech companies should also be aware that many of these rules may also apply to software projects. 

Disney alleged of copyright infringement

Quite often, residents in California are likely to be most used to hearing about large corporations taking strong steps to protect their intellectual property. These giants may at times be seen as squashing down on smaller players, even individuals, in an effort to maintain their brand integrity and prevent unlawful infringements of the uses of their original works. Interestingly, today it is one of the big companies that is a defendant in such a lawsuit.

Basics of copyrights

Many companies in California look for ways to protect their intellectual property. This may entail patents, trademarks, service marks or copyrights. Each type of protection is for something different and copyrights themselves are used for creative works. Understanding what a copyright is and is not or does and cannot do is important for anyone who creates the types of work that may be protected by copyrights.

Copyright of artistic work subject of suit

Being the home to the movie industry, California is a hotbed of creative innovation and therefore many people in the golden state are aware that artistic works may be subject to copyright laws. These laws, like trademark laws, are designed to provide protections to the holders of them. Copyrights may be granted for things like movies, music, books, sculptures, photographs and paintings.

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