Copy-Right.org
Licensing Notes

TermLicensing Notes
CategoryOptional Elements
DefinitionRefers to a data element which allows free-text notes regarding the license, the negotiation, the product, etc.
SampleNo sample for this term available

Additional web pages related to 'optional elements':

  • Link to Redacted License Agreement

    Facts on copyright

    • Different countries impose different tests, although generally the requirements are low. In the United Kingdom there has to be some 'skill, originality and work' which has gone into it. However, even fairly trivial amounts of these qualities are sufficient for determining whether a particular act of copying constitutes an infringement of the author's original expression.
    • The American exclusive rights tradition is inconsistent with the notion of moral rights as it was constituted in the Civil Code tradition stemming from France's revolution. In the United States, exclusive rights are statutory and granted by Congress. The first major copyright case in the United States, Wheaton v. Peters, established that copyright was not a natural right or a common law right. Although the case was later nullified when the Supreme Court declared it null and void, it soon became a symbol for the morality of copyright. When the United States signed the Berne Convention, they stipulated that the Convention's "moral rights" provisions were addressed sufficiently by other statutes, such as laws covering libel and slander. In most of Europe it is not possible for authors to assign their moral rights (unlike the copyright itself, which is regarded as an item of property which can be sold, licensed, lent, mortgaged or given like any other property).
    • The Berne Convention for the Protection of Literary and Artistic Works of 1886 first established the recognition of copyrights between sovereign nations (copyrights were also provided by the Universal Copyright Convention of 1952, but today this agreement is largely only of historical interest). There may be exceptions to this rule, depending on the nature of the work, whether it was created in the course of employment and the purposes for which the work was created.

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