NEW FEDERAL COPYRIGHT LAW: CASE ACT

NEW FEDERAL COPYRIGHT LAW: CASE ACT Small claims tribunal for copyright infringement claims On December 27, 2020, the long-awaited CASE Act was signed into law.  It establishes a small claims court for copyright infringement claims under $30,000.  If your book or other creative project has been infringed, you can opt to bring an action before…

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COPYRIGHT LAW OVERVIEW – 1.1

Copyright was important to the founding fathers. Article I, section 8, clause 8 of the U.S. Constitution provides 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 framers of…

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COPYRIGHT LAW OVERVIEW – 1.2

When Does a Copyright Arise – 1.2? Under current Copyright Law, a copyright arises automatically when two (2) prerequisites have been satisfied. First, the Content (also known as the “work,” or “material,”) must be original, independently created by a human, and contain a modicum of creativity. Copyright protection does not extend to ideas, concepts, discoveries,…

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COPYRIGHT LAW OVERVIEW – 1.3

1.3 TYPES OF CONTENT COVERED BY COPYRIGHT LAW             Content can be created by anyone. The people who create original Content are typically referred to as “creators,” “authors,” or “writers.”             Virtually any type of creative expression can be found online. This includes text, images, moving pictures, illustrations, photographs, music, and a combination of any…

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