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For questions about the property right statutorily granted to creative works. Please see the tag wiki and FAQ before asking the question.

5 votes

I want to use Moonlight Sonata in my movie - Copyright Issues?

The Moonlight Sonata itself is well out of copyright. Most countries have copyright terms equal to or less than 70 years after the author's death, 1827 in the case of Beethoven. … However, particular performances of the Moonlight Sonata may be under the copyright of the performer or even the arranger. Also, downloading from Youtube is against their terms of service. …
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3 votes

If Linked-In loses the web scraping lawsuit to hiQ, will that mean that other companies like...

And other causes of action, such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy, may also lie. …
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0 votes
Accepted

What legal actions can be taken against a streaming video website?

Since you've commented this question is for Canada, such a website looks to be illegal by s. 27(2.3) of the Copyright Act: It is an infringement of copyright for a person, by means of the Internet … or another digital network, to provide a service primarily for the purpose of enabling acts of copyright infringement if an actual infringement of copyright occurs by means of the Internet or another digital …
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1 vote

Copyright restriction in other countries

Two bases in law can think of besides Amazon just being cautious: As mentioned by tripleee's comment, there could be a specific agreement between Amazon and the copyright holder. … Amazon needs consent of the copyright holder because one of the rights granted in copyright law is the right of distribution. …
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4 votes
Accepted

Are public monuments like the Elizabeth Tower and the Eiffel Tower copyrighted?

Copyright law is on a per-country basis and under Berne Convention Articles 3 & 4, foreign works are accorded equal rights to domestic works. French moral rights apply within France. … In France, economic rights (copyright) have expired, but moral rights still exist. Miniature replicas should be fine, but be sure to include attribution. …
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12 votes
Accepted

How can the NFL assert copyright over "any pictures, descriptions, or accounts of the game"?

The NFL cannot use copyright as a basis for preventing independently made recordings, "descriptions or accounts", but can prevent usage of their own such items. … The House Report also makes clear that it is the broadcast, not the underlying game, that is the subject of copyright protection. …
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5 votes

Who owns a copyright of a work that is found to be infringing? For example Warhol case that ...

In short, the US has a statutory provision which bars infringing derivatives from gaining copyright. … That Warhol's prints might have no copyright attached to them does not mean that anyone can use them though – they are still very much based on Goldsmith's photo and the underlying copyright to the original …
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11 votes
Accepted

Can you legally reconstruct public domain content from copyrighted works based on public dom...

However, they do not have copyright on the underlying original composition, as that copyright will have long expired in US law. … The court denied copyright protection for such an action. …
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3 votes
Accepted

Are Harvard-style open access policies lawful under civil law?

I took this question as an opportunity to research the copyright regimes of France, Germany and Japan (translations of their respective copyright acts linked). … Japanese copyright law is fairly similar to U.S. copyright law in terms of rights transfer, so I will mainly be analyzing the first two (that and I have no competence in Japanese). …
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3 votes

Check if a book is in the public domain?

If the above did not apply, there are still steps you can take: Look up the country's copyright term. Find the legislation that established the copyright term. … Before this, they required copyright registration and didn't always base the copyright term on the author's death. …
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1 vote

Can I trademark a slogan that uses the word "JPEG"?

I'm guessing that this will still be trouble. Whether the file format is universally known does not affect the validity of a trademark (if anything, the trademark is strengthened). Trademarks serve t …
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0 votes

Is downloading copyrighted music for private use legal in Canada?

First, the Copyright Board did in fact discuss the destination medium in the document you cite. … The Copyright Board is a regulatory body, not a court. As a regulatory body they make regulations as authorized by legislation. …
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1 vote

Is the Soncino 1961 translation in the public domain?

No, repeated copyright violations do not cause a work to enter the public domain. … That said, the failure to pursue copyright claims might indicate they are not interested in applying the copyright, but the risk remains. …
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3 votes
Accepted

France: is it the same copyright principle?

As the author of a work, you would generally hold copyright unless there's a contract otherwise. …
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24 votes

Why register a logo as trademark if copyright protects it?

The general answer is that copyright and trademarks provide different kinds of protection. … Speaking very broadly, copyright protects against unauthorized copying and distribution with some fair use exceptions. …
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