Copyright

:For copyright issues in relation to Wikipedia itself, see .

Limits and exceptions to copyright

:Main article: Limitations and exceptions to copyright

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Idea-expression dichotomy and the merger doctrine

:Main article: Idea-expression divide

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A copyright covers the expression of an idea, not the idea itself — this is called the idea/expression or fact/expression dichotomy. For example, if a book is written describing a new way to organize books in a library, a copyright does not prohibit a reader from freely using and describing that concept to others; it is only the particular expression of that process as originally described that is covered by copyright. One might be able to obtain a patent for the method, but that is a different area of law. Compilations of facts or data may also be copyrighted, but such a copyright is thin; it only applies to the particular selection and arrangement of the facts, not to the particular facts themselves. In some jursidictions databases are expressly protected by statute.

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In some cases, ideas may be capable of intelligible expression in only one or a limited number of ways. Therefore even the expression in these circumstances is not covered. In the United States this is known as the merger doctrine, because the expression is considered to be inextricably merged with the idea. Merger is often pleaded as an affirmative defense to charges of infringement. That doctrine is not necessarily accepted in other jurisdictions.

Related Topics:
Merger doctrine - Affirmative defense

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The first-sale doctrine (exhaustion of rights)

:Main article: First-sale doctrine

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Copyright law does not restrict anyone from reselling legitimately obtained copies of copyrighted works, provided that those copies were originally produced by or with the permission of the copyright holder. It is therefore legal, for example, to resell a copyrighted book or CD. In the United States this is known as the first-sale doctrine, and was established by the courts to clarify the legality of reselling books in second-hand bookstores. Some countries may have parallel importation restrictions that allow the copyright holder of their licensee to control the aftermarket. This may mean for example that a copy of a book that does not infringe copyright in the country where it was printed does infringe copyright in a country into which it is imported for retailing.

Related Topics:
CD - United States - First-sale doctrine - Court - Bookstore - Parallel importation - Aftermarket

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The first-sale doctrine is known as exhaustion of rights in other countries and is a principle which applies to other intellectual property rights.

Related Topics:
Exhaustion of rights - Intellectual property

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Of course, it may be wondered why the exclusive right to sell copies of one's work needs to be specifically provided for by law, as the sale of unauthorized copies necessarily means the copyright holder's exclusive right to produce such copies has been breached.

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In addition, copyright, in most cases, does not prohibit one from acts such as modifying, defacing, or destroying his or her own legitimately obtained copies of copyrighted works, so long as duplication is not involved. However, in countries that implement moral rights, a copyright holder can in some cases successfully prevent the mutilation or destruction of a work that is publicly visible.

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Fair use and fair dealing

:Main articles: fair use and fair dealing

Related Topics:
Fair use - Fair dealing

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Copyright does not prohibit all copying or replication. In the United States, the fair use doctrine, codified by the Copyright Act of 1976 as 17 U.S.C. Section 107, permits some copying and distribution. The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. In the United Kingdom and many other Commonwealth countries, a similar notion of fair dealing was established by the courts or through legislation. The concept is sometimes not well defined, however in Canada, private copying for personal use has been expressly permitted by statute since 1999. In Australia, the fair dealing exceptions under the Copyright Act 1968 (Cth) are a limited set of circumstances under which copyright material can be legally copied or adapted without the copyright holder's consent. Fair dealing uses are research and study; review and criticism; news reportage and the giving of profesisonal advice (ie legal advice). Under current Australian law it is still a breach of copyright to copy, reproduce or adapt copyright material for personal or private use without permission from the copyright owner. Other technical exemptions from infringement may also apply, such as the temporary reproduction of a work in information technology.

Related Topics:
United States - Copyright Act of 1976 - United Kingdom - Commonwealth - Court - Legislation - Canada - 1999 - Fair dealing

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In the United States the AHRA (Audio Home Recording Act Codified in Section 10, 1992) prohibits action against consumers making noncommercial recordings of music, in return for royalties on both media and devices plus mandatory copy-control mechanisms on recorders.

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:Section 1008. Prohibition on certain infringement actions

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:No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.

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Later acts amended US Copyright law so that making 10 copies or more is considered commercial, and the Digital Millennium Copyright Act effectively permits DRM (Digital Rights/Restrictions Management) to prevent manufacture, importation, or distribution of recording devices if the device bypasses an access or copy control.

Related Topics:
Digital Millennium Copyright Act - DRM

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It is absolutely vital to remember that copyright regimes can differ greatly between countries. It woud be dangerous to assume that an activity permitted by the laws of one country is necessarily permitted elsewhere.

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