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us digital millennium copyright act 1998 definition

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moncler usa inc Are you Guilty of...? - Tech Talk : Fall 1998 (page 2) ( You must have the Adobe Acrobat Reader to view this. ) Public Domain Public Domain http://www.benedict.com/Info/PublicDomain/PublicDomain.aspx Explanations of original non-copyrightable works, lost copyright, expired copyright, government documents & works granted to the public domain When Works Pass in to the Public Domain http://www.unc.edu/~unclng/public-d.htm Includes material from new Term Extension Act, PL 105-298 (Date of work, protected from and term) Fair Use Fair Use http://www.benedict.com/Info/FairUse/FairUse.aspx Fair Use Guidelines for Educational Multimedia http://www.adec.edu/admin/papers/fair10-17.html Copyright & Fair Use http://fairuse.stanford.edu/ Copyright Legislation Copyright Protection http://www.ala.org/advocacy/copyright/ The Technology, Education and Copyright Harmonization (TEACH) Act http://www.ala.org/Template.cfm?Section=distanceed&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25939 Copyright and Digital Distance Education http://www.copyright.gov/disted/ US Copyright Office Library of Congress http://www.copyright.gov/ Additional Resources and Information Cornell University's site outlines fair use under U.S. copyright law http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html Copyright & Fair Use http://fairuse.stanford.edu/ "This memorandum provides a general description of the applicability of the copyright law and the so-called "fair use" exemptions to the copyright law's general prohibition on copying. It also describes "safe harbor" guidelines applicable to classroom copying." Digital Millennium Copyright Act http://www.educause.edu/library/digital-millennium-copyright-act-dmca "The 1998 enactment of the Digital Millennium Copyright Act (DMCA) represents the most comprehensive reform of United States copyright law in a generation. The DMCA seeks to update U.S. copyright law for the digital age in preparation for ratification of the World Intellectual Property Organization (WIPO) treaties." Fair Use of Copyrighted Works: A Crucial Element in Educating America http://academiccommons.columbia.edu/catalog/ac:129599 "Copyright law begins with the premise that the copyright owner has exclusive rights to many uses of a protected work, notably rights to reproduce, distribute, make derivative works, and publicly display or perform the work. But the Copyright Act also sets forth several important exceptions to those rights. Individual statutes make specific allowance for such concerns as distance learning, backup copies of software, and some reproductions made by libraries. The best known and most important exception to the owners' rights is fair use." Computer Ethics http://library.thinkquest.org/26658/ "With the freedom of the Internet has come a host of new ethical issues. This site is devoted to providing a basic understanding of computer ethics to the Internet users of tomorrow, with the hope that they will make informed and moral decisions throughout their careers." Permission to Use Graphics or Create Links http://www.ncsu.edu/midlink/permission.html "Some web sites freely grant permission for schools to create links or use graphics...but some do not. Although the law is still being tested, when in doubt it is always best to ask permission. The letters below should help students with this writing task." How to Cite Your Sources: First Things First! http://www.ncsu.edu/midlink/citing.html "Is the web site reliable? Should you cite it as a valid resource? These sites provide excellent help:" Copyright in an Electronic Environment http://www.dpi.state.nc.us/copyright1.html "Guidelines from Consortium of College &University Media Centers" The Educator's Guide to Copyright and Fair Use http://www.educationworld.com/a_curr/curr280.shtml "When it comes to copyright law and the application of fair use exceptions, ignorance is definitely not bliss! Learn how to educate yourselves and your students and avoid making a costly mistake!" Copyright Clearance Center http://www.copyright.com/ "Permissions made easy for owners and users of copyrighted works! Copyright on the Internet http://law.unh.edu/franklin-pierce-ip-center/studying-ip-at-unh-law/ip-basics/copyright-internet "This discussion addresses U.S. copyright issues of concern to those who post to or own email lists or host web pages. It also deals with situations where someone might want to forward or archive another's email posting or to copy material from another's web page." Web Law FAQ http://www.oppedahl.com/weblaw/ "This Web page, and the other pages of the Oppedahl & Larson LLP Web server, are provided by the firm of Oppedahl & Larson LLP as a service to the public. It is hoped that the information provided here will be helpful to readers in familiarizing themselves with intellectual property issues that may affect them." United States Copyright Office; The Library of Congress http://www.copyright.gov/ "Here you will find all our key publications, including informational circulars; application forms for copyright registration; links to the copyright law and to the home pages of other copyright-related organizations; news of what the Office is doing, including Congressional testimony and press releases; our latest regulations; a link to our online copyright records cataloged since 1978; and much more." Copyright Basics http://www.copyright.gov/circs/circ1.pdf Also from the United States Copyright Office, this page is a nice listing of questions and answers surrounding copyright. 10 Myths about Copyright Explained http://www.templetons.com/brad/copymyths.html "Note that this is an essay about copyright myths. It assumes you know at least what copyright is -- basically the legal exclusive right of the author of a creative work to control the copying of that work." The Copyright Website http://www.benedict.com "This site endeavors to provide real world, practical and relevant copyright information of interest to infonauts, netsurfers, webspinners, content providers, musicians, appropriationists, activists, infringers, outlaws, and law abiding citizens. Launched on May Day 95, this site seeks to encourage discourse and invite solutions to the myriad of copyright tangles that currently permeate the Web; The Copyright Website strives to lubricate the machinations of information delivery. As spice is to Dune, information is to the Web; the spice must flow." Crash Course in Copyright http://copyright.lib.utexas.edu/ Copyright The legal protection against copying given to original works, which may be in printed or photographically or electronically stored words, music, visual arts, and performing arts. The purpose of copyright is not just to protect the rights, but to establish the rules under which copies or portions may be made to make a work more widely available. Copyright extends to electronic representations of these forms, too, although the laws governing new electronic copies in such forms as search engine indexes and browser caches needs better definition. Copyright exists on all original works from the moment they are published, whether formally registered or not and whether or not copyright markings appear on the works. Copyrights probably apply to public postings in e-mail, message bases, and newsgroups, but the law is not well tested in these areas. Copyrights are observed by most countries in the world. ( from the Glossary of Internet Terms ) http://www0.delphi.com/navnet/glossary/index.html Computer Copyright Laws by Louis Kroeck There are many copyright laws affecting modern computing.

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There are a large variety of copyright laws and similar regulations dealing with modern computing technology. Examples include the Digital Millennium Copyright Act (DMCA), laws regarding when you can make a backup of computer software, and common-law court decisions interpreting the application of copyright law principles to the use and manipulation of computer software. Copyright protection does not extend to most forms of computer hardware as computer hardware does not contain the expressive elements necessary for copyright protection.

Protect against infringement by registering a copyright. Get Started Now Origins of Software Copyrights

When computer software was first introduced it was not clear if copyright protection was applicable. The U.S. Copyright Office determined that a computer program was similar to a how-to guide and granted copyright protection to computer software provided that the software met certain requirements. The Copyright Office required that computer software express elements sufficient to display a work of original authorship, be intelligible to humans, and be published with the copyright notice that was required at the time. Copyright notice is no longer required by U.S. States Copyright Office, and since the first computer programs were copyrighted there have been many expansions in copyright law regarding computer software.

Scope of Protection

A copyright cannot protect every aspect of computer software as many aspects are inherently functional, as opposed to expressive, and based on algorithms, ideas, methods, concepts or logical systems. Some of these aspects of computer software may be eligible for patent protection rather than copyright protection. The expressive elements of ideas and concepts may be protected under copyright law but the underlying ideas and concepts themselves are not independently worthy of registration. Copyright protection will extend to many other elements of computer software including the screen display projected by the computer software, the look and feel of the software, the computer code, and any other aspects of the software containing a minimal degree of originality.

Making Copies

Copyright law prohibits the unauthorized copying, distribution or dissemination of copyrighted works. These restrictions create a unique circumstance for computer software because of the ease with which computer software can be copied and distributed to third parties. Under Section 117 of the United States Copyright Act, individuals who hold a valid copy of computer software are entitled to make one copy for the limited purpose of archiving or backing up their computer software. Copyright law does not permit software users to distribute copies of protected computer software, and if the original software is sold or transferred, any backup copies must be destroyed.

Digital Millennium Copyright Act

The DMCA is one of the major modern copyright laws governing the use of copyrighted material over the Internet. The "safe harbor" provisions of the DMCA protect Internet service providers and website hosts from liability associated with copyrighted material that may be posted on their website by third parties. The DMCA allows a party who believes that his copyright has been infringed to send a notice of infringement demanding that the website host remove the content. As long as website hosts comply with such demands they are generally protected from claims of vicarious copyright infringement. In addition to safe harbor provisions, the DMCA contains provisions prohibiting circumvention of hardware and software access controls and technical protection measures.

Protect against infringement by registering a copyright. Get Started Now References U.S. Copyright Office: The Digital Millennium Copyright Act of 1998 Electronic Frontier Foundation: Digital Millennium Copyright Act U.S. Copyright Office: Copyright and Digital Files Ladas and Parry, LLP: Ladas & Parry Guide to Statutory Protection for Computer Software in the United States Digital Law Online: Copyright of Computer Programs Resources U.S. Copyright Office: Subject Matter and Scope of Copyright QuestionCopyright.org: What We Lose When We Embrace Copyright BitLaw Legal Resource U.S. Copyright Office: Copyright Registration for Computer Programs About the Author

Louis Kroeck started writing professionally under the direction of Andrew Samtoy from the "Cleveland Sandwich Board" in 2006. Kroeck is an attorney out of Pittsburgh, Pennsylvania specializing in civil litigation, intellectual property law and entertainment law. He has a B.S from the Pennsylvania State University in information science technology and a J.D. from Case Western Reserve University in Cleveland, Ohio.

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