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  • In September 2015, a judge ruled that the songHappy Birthdaydoes not fall under

  • a valid copyright. Although many people are unaware, for decades the song could not be

  • used commercially without incurring royalties to Warner/Chappell music group. They claimed

  • they owned the rights, and collected an estimated 2 million dollars a year off of it. But, how

  • was something so simple and universal even considered to be owned by a single company?

  • How exactly does copyright work?

  • Well, copyright is protection for tangible expressions of an idea. It is intended to

  • give the creator of something original the ability to use and make money from it without

  • others being able to use it. But copyright law isn’t a blanket ban. there are a number

  • of limitations that do allow for widespread use.

  • First and foremost, it is important to note a distinction between copyright and trademark.

  • You might see those frequently represented by the symbols C and TM. Although they generally

  • protect the derivatives of an idea, also calledintellectual property,” each applies

  • to different types of property. Copyright tends to cover literary and artistic work,

  • for example movies and books. Trademark is more often used to protect a company’s brand,

  • and would include things like logos and names. Trademark is the reason you don’t see thousands

  • of knock-off McDonalds restaurants, while Copyright is the reason you can’t just print

  • and sell the Lord of the Rings books, or download pirated movies.

  • But what you are and aren’t allowed to do in regards to intellectual property is entirely

  • based on which country youre in, and how strict their copyright laws are. Now, most

  • of the world adheres to the Berne Convention, which was the basis for most modern copyright

  • law. Its greatest contribution was to establish the concept that the creator of a piece of

  • work has automatic copyright from the moment of its creation in a fixed, tangible form.

  • Still, there are small differences between countries in how that law is implemented and

  • enforced.

  • Looking at US copyright law, there are specific limitations on how long an idea can be controlled

  • by a single person. This is usually pegged to expire 50 to 100 years after the death

  • of the creator, after which time it falls into public domain. When something is in public

  • domain, anybody can use and reproduce it. There are also instances where small portions

  • of copyrighted works can be used without violating copyright. This is referred to asfair

  • useand is usually for educational purposes, parody, criticism, research, and so on. One

  • of the biggest reasons for this is to prevent censorship by saying that any mention of an

  • existing work would violate its copyright.

  • Copyright law is complicated and dense, and it doesn’t even apply in a number of countries

  • which haven’t signed any international copyright treaties. But in the rest of the world, the

  • ability to control and profit off of your ideas is an important aspect of the economy

  • and intellectual property.

  • There’s more to copyright law than meets the eyeand the same goes for the First

  • Amendment. Learn more about how complicated freedom of speech and religion are in this

  • video. Thanks for watching! Make sure to like and subscribe to the channel so you don’t

  • miss out on new videos daily.

In September 2015, a judge ruled that the songHappy Birthdaydoes not fall under

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版權法是如何運作的? (How Does Copyright Law Work?)

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    曾楷程 發佈於 2021 年 01 月 14 日
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