| 词汇 | COPYRIGHT |
| 释义 | `1`COPYRIGHT `2` "Legal Lexicon": COPYRIGHT - The exclusive right to copy. The owner of a copyright has the right to exclude any other person from reproducing, preparing derivative works, distributing, performing, displaying, or using the work covered by copyright for a specific period of time. Copyrighted work can be a literary work, musical work, dramatic work, pantomime, choreographic work, pictorial work, graphic work, sculptural work, motion picture, audiovisual work, sound recording, architectural work, mask works fixed in semiconductor chip products, or a computer program. Facts, ideas, procedures, processes, systems, methods of operation, concepts, principles or discoveries cannot themselves be copyrighted. The copyrighted work must be original. An original work that closely resembles other works can be copyrighted so long as the similarity between the two works is not the result of copying. The property which has been secured to the author of a book, map, chart, or musical composition, print, cut or engraving, for a limited time, by the constitution and laws of the United States. Lord Mansfield defines copy, or as it is now termed copyright, as follows: I use the word copy in the technical sense in which that name or term has been used for ages, to signify an incorporeal right to the sole printing and publishing of something intellectual, communicated by letters. [19th cent.] This subject will be considered by taking a view of: 1. The legislation of the United States. 2. Of the persons entitled to a copyright. 3. For what it is granted. 4. Nature of the right. 5. Its duration. 6. Proceedings to obtain Such right. 7. Requisites after the grant. 8. Remedies. 9. Former grants. The Legislation Of The United States. The Constitution of the United States, art. 1, s. 8, gives power to congress "to promote the progress of science, and the useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries. In pursuance of this constitutional autbority, congress passed the act of May 31, 1790, and the act of April 29, 1802, but now repealed by the act of February 3, 1831, saving, always such rights as may have been obtained in conformity to their provision. By this last mentioned act, entitled 'An act to amend the several acts respecting copyrights,' the subject is now regulated. Of The Persons Entitled To A Copyright. Any person or persons, being a citizen or citizens of the United States, or resident therein, who is the author or authors of any book or books, map, chart, or musical composition, or who has designed, etched, engraved, worked, or caused to be engraved, etched or worked from his own design, any print or engraving, and the executors, administrators, or legal representatives of such person or persons. For What Work The Copyright Is Granted. The copyright is granted for any book or books, map, chart, or musical composition, which may be now, (February 3, 1831, the date of the act,) made or composed, and not printed or published, or shall hereafter be made or composed, or any print or engraving, which the author has invented, designed, etched, engraved or worked, or caused to be engraved, etched or worked from his own design. Nature Of The Right. The person or persons to whom a copyrigbt has been lawfully granted, have the sole right and liberty of printing, reprinting, publishing and vending such book or books, map, chart, musical composition, print, out or engraving, in whole or in part. Duration Of The Copyright. The right extends for the term of twenty-eight Years from the time of recording the title of the book, etc., in the office of the clerk of the court, as directed by law. But this time may be extended by the following provisions of the act. Go to COPYRIGHT2 |
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