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September 18, 2007

copywrite questions

in reading about copyright some of the phrasing raised questions in my mind for example the phrase "new work." when talking about new work what constitutes new? if a dj mixes something "new" using already existing material is that a new work?
also if you do not have to say that your work is copyrighted does that mean that it just automatically is?
what makes a "tangible medium of expression"? does that just mean everything that is documented in writing or imagery? could you record your voice and copyright what you say?
I thought that the fair use part of the site was interesting as well
The four fair use factors are as follows:

1. The purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work, such as whether the work is fiction or non-fiction, published or unpublished;
3. The amount of the work used in relation to the copyrighted work as a whole, such as using a poem in its entirety, or using one chapter from a long book;
4. The effect of the use upon the potential market for the copyrighted work.

In regards to the last part of this the effect of the use upon the potential market seems to be something that could be debatable. How can you tell whether the success of something is due to the part that is copyrighted work or whether the success is due to the new work in its entirety?

Posted by elihazle at September 18, 2007 04:59 PM

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