Omar Bennett
Copyright is a form of protection grounded in the US Constitution and granted by law for original works of authorship. The US Supreme Court has ruled that for a work to receive copyright protection, it must reflect creative expression or originality. This is outlined in Article I, Section 8, Clause 8 of the US Constitution, which states that the Congress shall have power... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
| Characteristics | Values |
|---|---|
| Copyright protection | Granted by law for original works of authorship fixed in a tangible medium of expression |
| What does copyright protect? | Original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture |
| What doesn't copyright protect? | Facts, ideas, systems, or methods of operation |
| Copyright Act | Implemented in 1790 |
| Copyright Act of 1790 | An Act for the Encouragement of Learning, by Securing the Copies of Maps, Charts, and Books to the Authors and Proprietors of Such Copies |
| Copyright Act of 1790 modelled on | The Statute of Anne (1710) |
| US Constitution, Article I, Section 8, Clause 8 | "The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries |
| US Supreme Court ruling | For a work to receive copyright protection, it must reflect creative expression or originality |
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What You'll Learn
- Copyright protection is granted by law for original works of authorship
- Copyright covers both published and unpublished works
- Copyright does not protect facts, ideas, systems or methods of operation
- Computer code is protected under the First Amendment
- The US Supreme Court found that a work must reflect creative expression or originality to receive copyright protection
Copyright protection is granted by law for original works of authorship
The First Congress implemented the copyright provision of the US Constitution in 1790. The Copyright Act of 1790, An Act for the Encouragement of Learning, by Securing the Copies of Maps, Charts, and Books to the Authors and Proprietors of Such Copies, was modelled on the Statute of Anne (1710). Since then, US law has been revised to broaden the scope of copyright, to change the term of copyright protection, and to address new technologies.
According to Article I, Section 8, Clause 8 of the US Constitution, "the Congress shall have power ... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." This means that Congress has the power to grant copyright protection to original works of authorship.
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Copyright covers both published and unpublished works
Copyright is a form of protection grounded in the US Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
The US Constitution states that 'the Congress shall have power ... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries'. This means that copyright protection is granted to original works of authorship, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. For example, the US Supreme Court found that a compilation of a telephone directory was not an infringement of copyright, even though it was compiled from information in the Rural Telephone Service White Pages. The information in the white pages was not copyrightable because it comprised 'comprehensive collections of facts arranged in conventional formats'.
Copyright protection is important for authors and inventors as it gives them exclusive rights to their work for a limited time. This encourages creativity and innovation by providing a legal framework that protects their work from being used or reproduced without their permission.
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Copyright does not protect facts, ideas, systems or methods of operation
Copyright is a form of protection grounded in the US Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. The US Supreme Court has ruled that for a work to receive copyright protection, it must reflect creative expression or originality. This means that copyright does not protect facts, ideas, systems or methods of operation. For example, the compilation of a telephone directory by Feist was not an infringement, even though it was compiled from the information in the Rural Telephone Service White Pages. The information in the white pages was not copyrightable because it comprised 'comprehensive collections of facts arranged in conventional formats'.
However, copyright may protect the way these things are expressed. For instance, computer code is considered speech and is therefore protected under the First Amendment to the US Constitution.
The First Congress implemented the copyright provision of the US Constitution in 1790. The Copyright Act of 1790, An Act for the Encouragement of Learning, by Securing the Copies of Maps, Charts, and Books to the Authors and Proprietors of Such Copies, was modelled on the Statute of Anne (1710). Since then, US law has been revised to broaden the scope of copyright, to change the term of copyright protection, and to address new technologies.
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Computer code is protected under the First Amendment
The question of whether computer code is protected under the First Amendment is a complex one. While some argue that code constitutes free speech, and therefore should be protected, others disagree.
Apple, for example, has argued in court that "under well-settled law, computer code is treated as speech within the meaning of the First Amendment". However, the Supreme Court has never accepted this argument, and the idea that code is equivalent to speech has been criticised as dangerous.
Proponents of the argument that code should be protected under the First Amendment point out that code is its own language, and that it looks and acts like speech. They also argue that code is a form of expression, and that the First Amendment serves as a check on government intervention into public expression, including coding languages like JavaScript, HTML, Python and Perl.
However, critics of this argument highlight the potential ramifications of granting First Amendment protections to computer code. If code were classified as free speech, it could become all but impossible to regulate the internet, with potential consequences for public safety. Courts must also be careful not to legitimise wholly unregulated code.
While the debate continues, it is clear that the question of whether computer code is protected under the First Amendment is a nuanced and important one, with significant implications for the future of the internet and free speech.
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The US Supreme Court found that a work must reflect creative expression or originality to receive copyright protection
Copyright is a form of protection grounded in the US Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. The US Supreme Court has found that a work must reflect creative expression or originality to receive copyright protection. This is based on Article I, Section 8, Clause 8 of the US Constitution, which states that "the Congress shall have power ... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries".
The Copyright Act of 1790, An Act for the Encouragement of Learning, by Securing the Copies of Maps, Charts, and Books to the Authors and Proprietors of Such Copies, was the first implementation of the copyright provision of the US Constitution. Since then, US law has been revised to broaden the scope of copyright, change the term of copyright protection, and address new technologies.
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. It is important to note that copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
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Frequently asked questions
Copyright is a form of protection for original works of authorship fixed in a tangible medium of expression. It covers both published and unpublished works.
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
According to Article I, Section 8, Clause 8 of the US Constitution, “the Congress shall have power ... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”
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