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Copyright Infringement and Software Code
https://legiswiki.com/en/p/10294/copyright-infringement-and-software-code
Copyright infringement involving software code occurs when someone uses, distributes, or modifies copyrighted software without permission from the copyright holder. Here's a comprehensive overview of the key aspects related to software copyright infringement: What is Software Copyright? Software co...
Work for Hire Doctrine and Freelance Work
https://legiswiki.com/en/p/10295/work-for-hire-doctrine-and-freelance-work
The Work for Hire Doctrine is a legal principle in U.S. copyright law that determines who owns the copyright of a created work. It generally means that the copyright is owned by the employer or the party that commissioned the work, rather than the individual who actually created it. How It Applies t...
California's Comprehensive Computer Data Access and Fraud Act (Penal Code 502)
https://legiswiki.com/en/p/10301/californias-comprehensive-computer-data-access-and-fraud-act-penal-code-502
California’s Comprehensive Computer Data Access and Fraud Act, codified as Penal Code § 502, is a broad statute designed to protect individuals, businesses, and government agencies from unauthorized access, tampering, interference, or damage to computer data and systems. Key Provisions Scope of Pr...
Legal Defenses Against Claims of Unauthorized Code Use
https://legiswiki.com/en/p/10300/legal-defenses-against-claims-of-unauthorized-code-use
Legal defenses against claims of unauthorized code use—particularly under federal law in the United States—are grounded in statutory requirements and case law. Below are the primary legal defenses that may be raised in response to such allegations: Key Legal Defenses 1. Lack of Intent Explanation:...
Licensing Agreements and Unauthorized Use of Software
https://legiswiki.com/en/p/10298/licensing-agreements-and-unauthorized-use-of-software
Licensing agreements are crucial documents that outline the terms and conditions under which software can be used. They protect the intellectual property rights of the software creator (licensor) and define the scope of use for the user (licensee). Unauthorized use of software occurs when a license...

Copyright Law Categories

Copyright law protects "original works of authorship" fixed in a tangible medium of expression. The law recognizes several broad categories of works that are eligible for copyright protection. These categories are not exhaustive but serve as a framework for understanding what types of creative output can be protected.

Main Categories of Copyrightable Works

  • Literary Works
    • Includes novels, poems, articles, essays, computer programs, and databases.
    • The protection covers the expression of ideas, not the ideas themselves.
  • Musical Works
    • Encompasses musical compositions, including any accompanying lyrics.
    • Protects the melody, harmony, rhythm, and lyrics as a whole.
  • Dramatic Works
    • Includes plays, scripts, and other works intended for performance.
    • May also include accompanying music.
  • Pantomimes and Choreographic Works
    • Covers dance routines, mime performances, and choreography.
    • Must be fixed in a tangible medium, such as written notation or video.
  • Pictorial, Graphic, and Sculptural Works
    • Includes paintings, drawings, photographs, sculptures, and maps.
    • Also covers architectural plans and certain types of technical drawings.
  • Motion Pictures and Other Audiovisual Works
    • Encompasses films, videos, television shows, and other audiovisual productions.
    • Protects both the visual and audio components.
  • Sound Recordings
    • Refers to the recording of sounds, such as music or spoken words.
    • Distinct from the underlying musical or literary work.
  • Architectural Works
    • Includes the design of buildings and structures.
    • Protection extends to the design as embodied in plans or constructed buildings.

Additional Notes

  • Derivative Works and Compilations
    • Derivative works (adaptations or translations) and compilations (collections of preexisting materials) may also be protected, provided they involve sufficient originality.
  • Idea–Expression Dichotomy
    • Copyright protects the expression of ideas, not the ideas themselves.
    • For example, a scientific theory or a plot idea is not protected, but a specific written explanation or story is.

These categories are interpreted broadly and may overlap, allowing for flexibility in how works are classified and protected under copyright law.

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