Copyright Notice

Art.1, Sec. 8(8): [T]o promote the progress of sciences and the useful arts, by securing for limited times to Authors and Inventors the exclusive right to their respective writings and discoveries.

WHAT IS PROTECTED?

"ORIGINAL WORKS OF AUTHORSHIP FIXED IN ANY TANGIBLE MEDIUM OF EXPRESSION.

INDIVIDUAL CLAIMING VIOLATION OF COPYRIGHT MUST SHOW THAT HE CREATED AN ORIGINAL WORK AND THAT THE DEFENDANT USED THAT ORIGINAL WORK.

1. DID THE DEFENDANT HAVE ACCESS TO THE WORK?

2. DID THE DEFENDANT COPY THE WORK?

3. IS THERE A SUBSTANTIAL SIMILARITY BETWEEN THE TWO WORKS?

1976 Act: '[T]he fair use of a copyrighted work...for the purposes such as criticism, comment, news reporting, teaching (not including multiple copies for classroom use), scholarship or research is not an infringement of copyright.

• The purpose and character of the use?
• The nature of the copyrighted work?
• How much of the copyrighted work was used and how significant is the portion used to the whole work?
• What is the effect of the use on the potential market value of the work?