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The first step of the infringement analysis, copying-in-fact, includes determining that the defendant actually copied the work as a factual matter. [53] Because direct evidence of copying is rare, courts tend to permit evidence showing that (1) the defendant had access to the copyrighted work and so had the opportunity to copy the work and (2) a sufficient degree of similarity exists between ...
The copyright law of the United States grants monopoly protection for "original works of authorship". [ 1][ 2] 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.
Legal release. A legal release is a legal instrument that acts to terminate any legal liability between the releasor and the releasee (s), signed by the releasor. A release may also be made orally in some circumstances. Releases are routinely used by photographers, in film production, by documentary filmmakers, or by radio and music producers ...
The design must be recorded in a document after 1989-08-01 (s. 213(6)): designs recorded or used before that date do not qualify (s. 213(7)). The design right lasts for fifteen years after the design is recorded in a document, or for ten years if articles have been made available for sale (s. 216).
A copyright notice also gives a clear statement of ownership and date of publication, in the event of a work for hire or collaborative effort; explicitly stating the copyright claimant can reduce disputes over ownership, while explicitly stating the year of publication can (particularly in the cases of works claimed by corporations) make it ...
Intellectual property ( IP) is a category of property that includes intangible creations of the human intellect. [ 1][ 2] There are many types of intellectual property, and some countries recognize more than others. [ 3][ 4][ 5] The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual ...