A
Algorithms
Step-by-step problem-solving procedures, especially established, recursive computational procedures for solving problems in a finite number of steps.
Architectural Work
An original design of a building embodied in any tangible medium of expression, including a building, architectural plans,
drawings or models. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design but does not include individual standard features or design elements that are functionally required.
Art (Artistic Work)
Creative form of expression that
results in a visual work such as a painting,
drawing, map, chart, plan, photograph,
engraving, sculpture, craft or architecture.
Artistic works are not defined by their
merit or perceived beauty. All artistic
works are protected by copyright.
Attribution, Right of
Guarantees authors of so-called fine arts and
exhibition photographs the right to claim or disclaim
authorship in a work; limited rights to prevent
distortion, mutilation, or modification of a work; and
the right, under some circumstances, to prevent
destruction of a work that is incorporated into a building.
Audiovisual Work
Works that consist of a series of related images which
are intrinsically intended to be shown by the use of machines or devices such as
projectors, viewers, or electronic equipment, together with accompanying sounds,
if any, regardless of the nature of the material objects, such as films or tapes, in
which the works are embodied.
Authorship
Term signifying human
creator(s) of original
works of intellectual property; an employer may also be recognized as the author of a work prepared within the scope of an
individual’s employment.
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B
Berne Convention
The Convention for the Protection of Literary and
Artistic Works, signed at Berne, Switzerland, on September 9, 1886, and all acts,
protocols, and revisions thereto. This is
the preeminent international agreement
concerning copyright. The United States
adheres to this treaty.
Blank License (of Blanket License)
An annual license allowing music users
such as television and radio stations,
universities, restaurants and music services
to perform musical works in ASCAP's (American Society of Composers, Authors, and Publishers) repertory as often as desired.
Book
a. A set of written, printed, or blank pages fastened along one side and encased between protective covers; b. A printed or written literary work.
Bootleg (or Bootlegging)
To produce, distribute, or sell without permission, or illegally.
Brand
An identifying symbol, words, or mark which distinguishes a product or company from its
competitors. Usually brands are registered (trademarked) with a regulatory authority and, so, cannot be used freely by other parties.
Broadcast
To transmit (a radio or television program) for public or general use.
Buenos Aires Convention on Literary and
Artistic Copyright of 1910
The use of the term “All rights reserved” was a result of this convention. The United States and sixteen Latin American nations signed this treaty. With proper notice, an author who is a citizen of any signatory country who has obtained a copyright in his country will enjoy in each of the other convention countries the copyright protection afforded its own authors.
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C
Clip Art
Ready-made pieces of printed or computerized graphic art, such as illustrations, borders, and backgrounds, that can be electronically copied and used to decorate a document.
Citation
a. A quoting of an authoritative source for substantiation; b. A reference to previous court decisions or authoritative writings.
Collective Work
A work, such as an issue of a periodical, an anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole.
Compilation
A work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term includes collective works.
Computer Program
A set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
CONFU (The Conference on Fair Use)
A conference called in 1994 to address the
concerns of applying fair use principles to electronic media. The guidelines which were proposed did not receive consensus support and were not officially adopted. However, libraries use the guidelines for developing electronic reserves systems.
Copyright
The exclusive right to make and dispose of copies of a literary, musical, or artistic work.
Legal copyright ownership is immediate.
Copyright Act of 1976
Federal law which extended copyright protection to works from the moment of their creation; under previous law such protection attached only at publication or, in the case of some unpublished works, at registration. The law extended the length of protection for individual authors to the author's entire life plus 50 years and extended protection of works for hire to 75 years. Furthermore, the concept of fair use was codified for the first time in this act.
Copyright Claimant
Either the author of a work, or another person or organization which has obtained ownership of all copyright rights initially belonging to the author.
Copyright Notice
A mark appearing on all copies of a work
showing when the original work was first
published. Use of copyright notice is
optional since the Berne Convention does not require
marks on works created after 1989; however,
when copyright notice is added, it should
include (1) the © symbol, the word
"Copyright," or the abbreviation
"Copr."; (2) year of first
publication; and (3) the copyright owner's
name.
Copyright Registration
A legal formality intended to create a public record of the basic facts of a particular copyright.
Copyright Renewal
If a copyright originally secured before January 1, 1964, was not
renewed at the proper time, copyright protection expired after 28 years and
could not be restored. Public Law 102-307 of 1992 amended the copyright law to make renewal automatic and renewal registration optional for works originally copyrighted between January 1, 1964, and December 31, 1977. Public Law 105-298 of 1998 amended the copyright law to add 20 years to the copyright term.
Course Packs
Classroom materials such as lab manuals, collected readings, and other academic resources compiled by an instructor which may be used as primary or supplementary course material.
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D
Derivative Work
A
create adaptation based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgement, condensation, or any other form in which a work may be recast, transformed, or adapted; a work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship.
Digital Millennium Copyright Act (DMCA)
The 1998 Act enacted to address issues involving the use of intellectual property on the Internet and in other electronic media. This law brought the United States into compliance with Berne Convention
guidelines by implementing both the WIPO
Copyright Treaty and the WIPO Performances
and Phonograms Treaty.
Display
To show a copy of a work, either directly or by means of a film, slide, television image, or any other device or process; or, in the case of a motion picture or other audiovisual work, to show individual images non-sequentially.
Dramatic Work
Published or unpublished works which may
be copyrighted, including choreography, pantomimes, plays, and scripts prepared for cinema, radio, and television.
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E
Educational Purpose
May be considered any educational endeavor undertaken in a classroom by a non-profit educational institution (excludes commercial motivations).
Exclusive Rights
The owner of copyright has the exclusive rights to do and to authorize any of the following:
-
to reproduce the copyrighted work in copies or
phonorecords;
-
to prepare derivative works based upon the copyrighted work;
-
to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
-
in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
-
in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
-
in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
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F
Fair Use
A privilege for those besides the owner of a copyright to use the copyrighted material in a reasonable manner without the owner’s consent. The reasonableness of a use is determined on a case-by-case basis applying an equitable rule of reason analysis.
Family Entertainment and Copyright Act of
2005
Signed on April 27, 2005, this
act outlines the restrictions and penalties
associated with the unauthorized use of
audiovisual recording devices in movie
theaters or other facilities where motion
pictures may be exhibited.
Filing Fee
The registration filing fee of the U.S. Copyright Office (currently $20.00 per work per registration).
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G
Grand Rights
The rights to perform complete shows (such as "Fiddler On The Roof") on the legitimate stage which must be obtained directly from the publishers of the music or the producers of the show.
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H
HTML
A markup language used to structure text and multimedia documents and to set up hypertext links between documents, used extensively on the World Wide Web.
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I
Idea-Expression
Dichotomy
Ideas themselves are not copyrightable. The unique or different form of expression of an idea is copyrightable.
Infringement
Occurs when copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without permission of copyright owner.
Innocent
Infringement
Occurs when an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under Section 107, if the infringer was (1) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment. Efforts indicating innocence include Applying fair use factors; applying education and library exemptions; labeling, and seeking permissions
Intellectual Property
Includes original works of authorship that are fixed in a tangible form of expression, including literary, dramatic, musical, and artistic works. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. (U.S. Copyright Office)
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J
Joint Copyright
Ownership
A copyrightable expression of work created by more than one person, all of whom expect their contributions to be merged into a unified whole and who expect to be joint owners.
(utsystem, p1, ownership)
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L
Lecture
Teaching by giving a discourse on a subject, typically to a class.
Library of Congress
The nation’s oldest federal and cultural institution, serves as the research arm of congress. Its mission is to make its resources available and useful to Congress and the American people and to sustain and preserve a universal collection of knowledge and creativity for future generations.
Licensing
A business arrangement in which a manufacturer or developer of a product grants permission to some other group, individual, or corporation to use the product in return for specified royalties or payment
Literary Work
Intellectual property expressed
in words, numbers or other symbols. The
physical nature of the literary work is of
no regard. Literary works may be expressed
in formats including books, periodicals,
manuscripts, records, tapes, disks, film or
cards. Audiovisual works such as motion
picture soundtracks are excluded from this
group.
Logo
A visual image used as a company trademark or instead of the company name. Might be a combination of characters and/or graphics creating a single design.
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M
Master
Tape
A complete recording from
which all copies are made.
Mediated
Instructional Activities (MIA)
Major
concept of the TEACH Act requiring (1) that
an instructor be present in the distance
education environment, and (2) that the
portion used should be limited to the
portion that would be used within a
traditional, face-to-face environment. The
performance/display must be related to the
class content, technologically limited to
enrolled students, protected by encryption
and/or password, and discarded after the
"class session."
Moral Rights
Rights an author retains over integrity of a work and right to be named as its author even after the sale or transfer of copyright. In addition to right of identification of authorship, author has right of approval, restriction, or limitation on the use or subsequent modification of work.
Multimedia
Information presented in a combination of formats, such as text, audio, video, graphics, and images.
Musical Work
Melody and any accompanying lyrics, more commonly referred to as a musical composition or song.
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N
Non-Exclusive Rights
While U.S. performing rights
organizations such as ASCAP and BMI enjoy
the right to license performances, they do
not have exclusive rights because writers
and publishers also retain the right to
grant licenses directly to music users.
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O
Object Code
Machine-executable instructions, usually generated by a compiler from source code written in a higher level language.
Original Work
Work that did not previously exist, that has been fixed by a creator, in a tangible form of expression.
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P
Parody
Generally, a farcical imitation of a literary or musical work or style. As applied to copyright, to be seen as a parody and receive protection under the copyright fair use provision, work may only contain enough of the original work to make it identifiable as a parody and must create a new work than can stand on its own, while criticizing the original work.
Password-Protection
The ability to restrict the public from viewing all or part of a site on the web.
Patents
Document issued by the U.S. Patent and
Trademark Office granting an inventor sole rights to an invention; the intellectual property right relating to an invention, gives the applicant (inventor) the right for a limited period, to stop others from making, using, selling the invention without permission.
Performance
The act of presenting a play, music, or other entertainment.
Performing
Rights Organizations (or Performing Rights
Societies)
Groups
that license public performance of
non-dramatic musical works on behalf of the
copyright owners. The organizations sell
licenses to music users such as radio and
television broadcasters and then pay
royalties to the publishers and songwriters.
Examples of performing rights organizations
in the United States are the American
Society of Composers, Authors, and
Publishers (ASCAP) and Broadcast Music
Incorporated (BMI).
Periodicals
A publication that appears regularly at fixed intervals such as a magazine, journal or newspaper.
Permissions
A set of codes that indicates which users are allowed to read, write, or execute the file or directory (folder).
Per-Program License
As an alternative to a blanket
license, performing rights organizations
offer music users a per-program license.
Fees are based only upon revenue generated
by those programs using the licensed music.
Phonorecord
The physical object on which copyrighted
sounds are fixed. Includes cassette
tapes, CDs, LPs, 45 r.p.m. disks, as well as
other formats. Soundtracks of audiovisual
works are excluded from this group.
Photograph
A picture of a person or scene in the form of a print or transparent slide, recorded by a camera on light-sensitive material.
Piracy
The act of plagiarism, taking the word or ideas of another and treating them as your own.
The term is most often applied to the
unauthorized copying of records or tapes.
Plagiarism
To appropriate the writings, graphic representation, or ideas of another person and represent them as one’s own (without proper attribution). Plagiarism is a form of intellectual property violation.
Publication
Technically, in copyright law, is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease or lending. The offering to distribute copies to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. Generally occurs on date on which copies of the work are first made available to the public.
(http://www.copyright.gov/help/faq)
Public Domain
Work is in the public domain if it is no longer
protected by under copyright or if it failed to meet requirements for copyright protection. Works in public domain may be used freely without permission of former copyright owner.
Once a work enters the public domain, it
cannot be reclaimed by the original
copyright owner.
Published
Works that have been deliberately
distributed for public access.
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R
Real-Time
Computer systems or applications that update data at the same rate that they receive it.
Reasonable Portion
In terms of print media, a reasonable
portion is defined as the lesser of 10% of
the whole work or 1,000 words. In the case
of a book, an entire chapter (even if over
1,000 words) may be used if it does not
represent a significant portion of the
work.
Renewal, of Copyright
U.S. Copyright Law
allows an author, his heirs or their agent
to renew a work's copyright protection as
follows:
-
If the
work was originally registered before
1964 and were not renewed in their 28th
year of copyright, it has now fallen
into the public domain.
-
If the
work was originally registered between
1964 and 1977, copyright was
automatically renewed by statute,
regardless of whether a renewal request
was submitted.
-
If the
work was originally registered before
January 1, 1978, the copyright may be
renewed for an additional 67 years when
the original protection expires.
-
If the
work was originally registered on or
after January 1, 1978, the copyright
duration is generally the life of the
author plus 70 years.
Reproduction, Right of
Exclusive right of a copyright
owner to make or authorize copies of his
copyrighted work.
Royalty
Share of profit paid to copyright or patent holder based on proceeds that result from the use of his or her work.
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S
Satire (or Satirical Work)
Literary or artistic style that aims to ridicule its subject(s) in an attempt to prevent or incite change. Satire usually targets either widely-recognized individuals of power or socio-political topics.
Sculpture (or Sculptural Work)
Three-dimensional work of art created by adding or removing material from a mass in order to
change its shape or appearance.
Service Mark
A distinctive sign (ex. product name, phrase, slogan, advertising design, packaging design, or symbol) that identifies certain services as those provided by a specific person, business or organization. Service marks are the same as trademarks, but they only apply to services.
Severability of Copyright
Ownership of copyright differs
from ownership of the material object to
which the copyright pertains. For instance,
when a photographer sells a photograph, he
is not selling the copyright as well. The
owner of the physical photograph would need
permission from the photographer (i.e.
copyright owner) before making any type of
reproduction of the photograph.
Significant Portion
The heart of the work. A
significant portion may be a whole section
or just one page. For example, if a work
offers 10 tips to a successful life, and one
reprints that list (minus the text
accompanying each tip), a court could rule
that a significant portion of the work has
been illegally copied.
Sound Recordings
Copyrighted works produced by
fixing music, speech or other sounds (does
not include sounds from a motion picture or
other audiovisual work). Copyright
protection typically covers both the
performance and the duplication of the work.
Sound
recordings are not the same as a
phonorecords -- whether a recording is
embedded on a cassette or a CD, it is the
same recording.
Spontaneity
Referred
to in guidelines concerning multiple
classroom copying by an instructor. Copying
meets the test of spontaneity if the
copyright is at the instance or inspiration
of the individual teacher, and the
inspiration and decision to use the work and
the moment of its use for maximum teaching
effectiveness are so close in time that it
would be unreasonable to expect a timely
reply to a request for permission to use the
material.
Statutory Damages
Monetary damages granted to a copyright
owner in the event of infringement. While
the court decides the actual awards, amounts
could range from $500 to $20,000 per
instance, and up to $100,000 for willful
infringement. If actual damages (i.e. loss
of income) due to the infringement is
greater than statutory damages, the
copyright owner can choose to seek those
instead. Before a copyright owner can pursue
statutory damages, their should be a public
record of his copyright ownership.
Streaming Audio
Sound clips delivered over the
Internet in such a way that an entire file
does not have to be downloaded in order to
hear a performance. Sound may be heard as it
arrives at the listener's computer.
Streaming Video
Video clips delivered over the Internet
in such a way that an entire file does not
have to be downloaded in order to hear a
performance. Video may be seen as it arrives
at the viewer's computer.
Synchronization
To cause two things to happen at the same time and rate; to operate in unison.
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T
Telecommunication
Technology systems that facilitate communication at a distance by electronic transmission of impulses, as by telegraph, cable, telephone, radio, television or computers.
The TEACH Act
The
Technology, Education and Copyright
Harmonization Act was passed by Congress on
November 2, 2002 to amend Section 110(2) of
the U.S. Copyright Code and free distance
educators from certain copyright
restrictions.
Thumbnail
A digital image that has been reduced to allow for quicker loading of the image. The term comes from the fact that the images are typically about the size of adult thumbnail
(i.e. not to exceed 100 x 125 pixels or 125 x 100
pixels). Users often have the option of clicking on a thumbnail image to access a larger, slower-loading version of the image.
A 1999 Court of Appeals decision
ruled that thumbnail images fall under the
Fair Use doctrine.
Trademark
A distinctive sign (ex. product name, phrase, slogan, advertising design, packaging design, or symbol) that identifies certain goods and services produced or provided by a specific person, business or organization. In the United States, trademarks must be officially registered with the U.S. Patent and Trademark Office and use of the trademarks is restricted to the registered owner.
Transfer of
Copyright
An assignment, mortgage,
exclusive license or any other conveyance,
alienation or hypothecation of a copyright
or of any of the exclusive rights comprised
in a copyright, whether or not it is limited
in time or place of effect, but not
including a nonexclusive license.
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U
U.S. Copyright Office
A federal agency and branch of
the Library of Congress. Responsibilities of
the Copyright Office include providing
advice and analysis to Congress regarding
both domestic and international copyright
issues, assisting other countries in the
development of their own copyright laws,
serving as a recording office for
copyright registrations, providing
information to the public about copyright,
and administering licensing provisions.
Unpublished Works
Works that have not been
deliberately distributed for public access.
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W
Work for Hire
(Works Made for Hire)
a. A work prepared by an employee
within the scope of his job. The work would
generally be produced on the employer's time
using the employer's equipment and/or
materials. The employer is
typically considered the work's author and
the copyright owner. b. A work that has been
commissioned as a contribution to a
collective work including work on a motion
picture, translation, atlas, etc.
Work of Joint
Authorship
Any work created by the
collaboration of two or more
individuals in which no one author's
contribution is more distinguished or
significant than the contributions of the
others.
World Intellectual Property Organization
United Nations agency responsible for
administering worldwide intellectual
property treaties and agreements.
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Sources
Some of the information used
on this page came from these sources:
Disclaimer
Please note that the information presented
in the Online Copyright Center is for
information purposes only. It should not
be used as a substitute for actual legal
advice.