মার্কিন যুক্তরাষ্ট্রের কপিরাইট আইন: সংশোধিত সংস্করণের মধ্যে পার্থক্য

বিষয়বস্তু বিয়োগ হয়েছে বিষয়বস্তু যোগ হয়েছে
Ashiq Shawon (আলোচনা | অবদান)
বিষয়শ্রেণী:আইন যোগ হটক্যাটের মাধ্যমে
Ashiq Shawon (আলোচনা | অবদান)
সংশোধন
৭ নং লাইন:
== ইতিহাস ==
মার্কিন যুক্তরাষ্ট্রের [[কপিরাইট]] আইনের আদি গোড়া খুজে পাওয়া যায় ব্রিটিশ [[স্ট্যাচুট অফ অ্যানা]] পাশ হওয়ার পর থেকেই, যা প্রভাব রাখে প্রথম ইউএস ফেডারাল কপিরাইট আইন, কপিরাইত এক্ট ১৭৯০ পাশ করতে। এরপর থেকে এই কপিরাইট আইনটি বেশ কয়েকবার পরিবর্তিত হয়েছে, যার মধ্যে রয়েছে, সবচেয়ে আলোচিত, [[১৯৭৬ সালের কপিরাইট আইন (মার্কিন যুক্তরাষ্ট্র)|কপিরাইট আইন ১৯৭৬]] ও সনি বোনো [[কপিরাইট টার্ম এক্সটেনশন এক্ট]] ১৯৯৮ (যা "মিকি মাউস প্রটেকশন এক্ট" নামেও পরিচিত, কারণ প্রথম বাণিজ্যিকভাবে সফলতাপ্রাপ্ত কার্টুন চরিত্র মিকি মাউসের কপিরাইটের সময় সীমা শেষ হওয়া থেকে রক্ষা পায়)।
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== কপিরাইট করার কারণ ==
{{Rquote|right|The Congress shall have Power [...] to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.|[[United States Constitution]]}}The goal of copyright law, as set forth in the Copyright Clause of the US Constitution, is "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."<ref>U.S. Constitution, Article 1 section 8</ref> This includes incentivizing the creation of art, literature, architecture, music, and other works of authorship. As with many legal doctrines, the effectiveness of copyright law in achieving its stated purpose is a matter of debate.<ref>{{ওয়েব উদ্ধৃতি|url=http://www.spiegel.de/international/zeitgeist/0,1518,710976,00.html|title=No Copyright Law: The Real Reason for Germany's Industrial Expansion?|last=SPIEGEL ONLINE|date=18 August 2010|website=SPIEGEL ONLINE}}</ref>
 
== কপিরাইটের আইনের অধিনস্ত বিষয়সমূহ ==
The United States copyright law protects "original works of authorship," fixed in a tangible medium<ref>{{UnitedStatesCode|17|102}}</ref> including literary, dramatic, musical, artistic, and other intellectual works. This protection is available to both published and unpublished works. Copyright law includes the following types of works:
* Literary
* Musical
* Dramatic
* Pantomimes and choreographic works
* Pictorial, graphic, and sculptural works
* Audio-visual works
* Sound recordings
* Derivative works
* Compilations
* Architectural works<ref>Electronic Freedom Foundation. </ref>
 
=== Idea–expression dichotomy ===
Copyright law protects the "expression" of an idea, but copyright does not protect the "idea" itself. This distinction is called the idea–expression dichotomy.<ref>[//en.wikipedia.org/wiki/Baker_v._Selden Baker v.]</ref> The distinction between "idea" and "expression" is fundamental to copyright law. From the Copyright Act of 1976 (17 U.S.C.{{UnitedStatesCode|17|102}}):{{উক্তি|In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.|text=In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.}}For example, a paper describing a political theory is copyrightable. The paper is the ''expression'' of the author's ideas about the political theory. But the theory itself is just an ''idea'', and is not copyrightable. Another author is free to describe the same theory in their own words without infringing on the original author's copyright.<ref>Richard H. Jones. </ref>
 
Although fundamental, the idea–expression dichotomy is often difficult to put into practice. Reasonable people can disagree about where the unprotectable "idea" ends and the protectable "expression" begins. As Judge Learned Hand put it, "Obviously, no principle can be stated as to when an imitator has gone beyond copying the 'idea,' and has borrowed its 'expression.' Decisions must therefore inevitably be ad hoc."<ref>[https://scholar.google.com/scholar_case?case=7909069540715359056 Peter Pan Fabrics, Inc. v.]</ref>
 
=== Compilations of facts and the ''sweat of the brow doctrine'' ===
Mere facts are not copyrightable. However, ''compilations of facts'' are treated differently, and may be copyrightable material. The Copyright Act, {{UnitedStatesCodeSec|17|103}}, allows copyright protection for "compilations", as long as there is some "creative" or "original" act involved in developing the compilation, such as in the selection (deciding which facts to include or exclude), and arrangement (how facts are displayed and in what order). Copyright protection in compilations is limited to the ''selection and arrangement of facts'', not to the facts themselves.
 
The Supreme Court decision in ''Feist Publications, Inc., v. Rural Telephone Service Co.'' clarified the requirements for copyright in compilations. The Feist case denied copyright protection to a "white pages" phone book (a compilation of telephone numbers, listed alphabetically). In making this ruling, the Supreme Court rejected the "sweat of the brow" doctrine. That is, copyright protection requires creativity, and no amount of hard work ("sweat of the brow") can transform a non-creative list (like an alphabetical listing of phone numbers) into copyrightable subject matter. A mechanical, non-selective collection of facts (e.g., alphabetized phone numbers) cannot be protected by copyright.<ref name="works.bepress.com">Bryan M. Carson. </ref>
 
=== Useful articles ===
Copyright protects artistic expression. Copyright does not protect useful articles, or objects with some useful functionality. The Copyright Act states:{{উক্তি|A “useful article” is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a “useful article”.|text=A “useful article” is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a “useful article”.}}{{উক্তি|“the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.”<ref>{{cite web|url=http://www.copyright.gov/title17/92chap1.html|title=U.S. Copyright Office - Copyright Law: Chapter 1|work=copyright.gov}}</ref>|text=“the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.”<ref>{{cite web|url=http://www.copyright.gov/title17/92chap1.html|title=U.S. Copyright Office - Copyright Law: Chapter 1|work=copyright.gov}}</ref>}}However, many industrial designers create works that are both artistic and functional. Under these circumstances, Copyright Law only protects the artistic expression of such a work, and only to the extent that the artistic expression can be separated from its utilitarian function.<ref>Tracy P. Jong. </ref>
 
In 2017, the U.S. Supreme Court granted certiorari in the case ''Star Athletica, L. L. C. v. Varsity Brands, Inc.'' to determine when a "pictorial, graphic, or sculptural feature" incorporated into a useful article is eligible for copyright protection,<ref>''[https://www.supremecourt.gov/opinions/16pdf/15-866_0971.pdf Star Athletica, L. L. C. v.]''</ref> holding that such features are eligible for copyright protection "only if the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article and (2) would qualify as a protectable pictorial, graphic, or sculptural work—either on its own or fixed in some other tangible medium of expression—if it were imagined separately from the useful article into which it is incorporated."<ref>''[https://www.supremecourt.gov/opinions/16pdf/15-866_0971.pdf Star Athletica, L. L. C. v.]''</ref> ''Star Athletica'' began as a suit by Varsity Brands against Star Athletica for infringing the copyright of five cheerleader uniform designs.<ref>''[https://www.supremecourt.gov/opinions/16pdf/15-866_0971.pdf Star Athletica, L. L. C. v.]''</ref> Applying its new test to the cheerleader uniform designs, the court said:{{উক্তি|First, one can identify the decorations as features having pictorial, graphic, or sculptural qualities. Second, if the arrangement of colors, shapes, stripes, and chevrons on the surface of the cheerleading uniforms were separated from the uniform and applied in another medium—for example, on a painter’s canvas—they would qualify as "two-dimensional . . . works of . . . art". And imaginatively removing the surface decorations from the uniforms and applying them in another medium would not replicate the uniform itself. Indeed, respondents have applied the designs in this case to other media of expression—different types of clothing—without replicating the uniform. The decorations are therefore separable from the uniforms and eligible for copyright protection.<ref>''[https://www.supremecourt.gov/opinions/16pdf/15-866_0971.pdf Star Athletica, L. L. C. v. Varsity Brands, Inc.]'', No. 15-866, 580 U.S. ___ (2017), slip op. at 10 (quoting [https://www.law.cornell.edu/uscode/text/17/101 17 U.S.C. §&nbsp;101])(some internal citations omitted)</ref>|text=First, one can identify the decorations as features having pictorial, graphic, or sculptural qualities. Second, if the arrangement of colors, shapes, stripes, and chevrons on the surface of the cheerleading uniforms were separated from the uniform and applied in another medium—for example, on a painter’s canvas—they would qualify as "two-dimensional . . . works of . . . art". And imaginatively removing the surface decorations from the uniforms and applying them in another medium would not replicate the uniform itself. Indeed, respondents have applied the designs in this case to other media of expression—different types of clothing—without replicating the uniform. The decorations are therefore separable from the uniforms and eligible for copyright protection.<ref>''[https://www.supremecourt.gov/opinions/16pdf/15-866_0971.pdf Star Athletica, L. L. C. v. Varsity Brands, Inc.]'', No. 15-866, 580 U.S. ___ (2017), slip op. at 10 (quoting [https://www.law.cornell.edu/uscode/text/17/101 17 U.S.C. §&nbsp;101])(some internal citations omitted)</ref>}}This produces a relatively low threshold for pictorial, graphic, or sculptural features on useful articles to be eligible for copyright protection, which one commentator clearly highlighted: the ''Star Athletica'' decision "really has ensured that all but the subtlest graphic designs will be able to gain copyright protection...once we determine that the designs 'hav[e] … graphic … qualities … [and could be] applied … on a painter’s canvas,' the test for copyrightability is met."<ref name="Mann 2017">{{ওয়েব উদ্ধৃতি|url=http://www.scotusblog.com/2017/03/opinion-analysis-court-uses-cheerleader-uniform-case-validate-broad-copyright-industrial-designs/|title=Opinion analysis: Court uses cheerleader uniform case to validate broad copyright in industrial designs|last=Mann|first=Ronald|date=March 22, 2017|website=[[SCOTUSblog]]|access-date=16 April 2017}}</ref>
 
=== Works by the federal government ===
Works created by the federal government are not copyrightable. 17 U.S.C.{{UnitedStatesCode|17|105}}. This restriction on copyright applies to publications produced by the United States Government, and its agents or employees within the scope of their employment. The specific language is as follows:{{উক্তি|Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.|text=Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.}}A "work of the United States Government" is defined in 17 U.S.C.{{UnitedStatesCode|17|101}} as work prepared by an officer or employee of the United States Government as part of that person's official duties. Note that government contractors are generally not considered employees, and their works may be subject to copyright. Likewise, the US government can purchase and hold the copyright to works created by third parties.
 
The government may restrict access to works it has produced through other mechanisms. For instance, confidential or secret materials are not protected by copyright, but are restricted by other applicable laws. However, even in case of non-secret materials there are specific prohibitions against automatic access to work otherwise covered under 17 U.S.C.{{UnitedStatesCode|17|105}} for commercial purposes.<ref>For example, the current [//en.wikipedia.org/wiki/Seal_of_the_President_of_the_United_States Seal of the President of the United States] is in public domain as a government work, but its commercial use is limited by {{UnitedStatesCode|18|713}}.</ref>
 
=== Federal and state laws are not protected by copyright ===
Federal statutes are in the [[পাবলিক ডোমেইন|public domain]] and no copyright attaches to them. The same is true of court decisions. It is not difficult to see the motivations behind this:{{উক্তি|The citizens are the authors of the law, and therefore its owners, regardless of who actually drafts the provisions, because the law derives its authority from the consent of the public, expressed through the democratic process.<ref>{{cite court |litigants=State of Georgia v. Harrison Co |vol=548 |reporter=F.Supp |opinion=110 |pinpoint=114 |court=N.D. Ga |date=1982 |url=https://www.courtlistener.com/opinion/1651114/state-of-georgia-v-harrison-co/ |accessdate=2015-12-22}}</ref>|text=The citizens are the authors of the law, and therefore its owners, regardless of who actually drafts the provisions, because the law derives its authority from the consent of the public, expressed through the democratic process.<ref>{{cite court |litigants=State of Georgia v. Harrison Co |vol=548 |reporter=F.Supp |opinion=110 |pinpoint=114 |court=N.D. Ga |date=1982 |url=https://www.courtlistener.com/opinion/1651114/state-of-georgia-v-harrison-co/ |accessdate=2015-12-22}}</ref>}}{{উক্তি|As a matter of longstanding public policy, the U.S. Copyright Office will not register a government edict that has been issued by any state, local, or territorial government, including legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials. Likewise, the Office will not register a government edict issued by any foreign government or any translation prepared by a government employee acting within the course of his or her official duties.<ref name="Compendium313.6C2">{{cite web |url=http://copyright.gov/comp3/chap300/ch300-copyrightable-authorship-122214.pdf |title=Compendium of U.S. Copyright Office Practices, § 313.6(C)(2) ("Government Edicts") |pages=37–38 |publisher=[[United States Copyright Office]] |date=December 22, 2014 |accessdate=December 22, 2014 }}</ref>|text=As a matter of longstanding public policy, the U.S. Copyright Office will not register a government edict that has been issued by any state, local, or territorial government, including legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials. Likewise, the Office will not register a government edict issued by any foreign government or any translation prepared by a government employee acting within the course of his or her official duties.<ref name="Compendium313.6C2">{{cite web |url=http://copyright.gov/comp3/chap300/ch300-copyrightable-authorship-122214.pdf |title=Compendium of U.S. Copyright Office Practices, § 313.6(C)(2) ("Government Edicts") |pages=37–38 |publisher=[[United States Copyright Office]] |date=December 22, 2014 |accessdate=December 22, 2014 }}</ref>}}However, several states, such as Oregon and Georgia, have claimed that the annotated editions of their laws are copyrightable. In July 2015, Georgia sued open information activist Carl Malamud, founder of Public.Resource.Org, in Federal court in Atlanta for copyright infringement. Malamud had posted the Official Code of Georgia Annotated on his website. In the complaint and in press releases, the State of Georgia claimed that this constituted “piracy” and “terrorism.”<ref>{{সংবাদ উদ্ধৃতি|url=http://www.latimes.com/business/hiltzik/la-fi-mh-state-of-georgia-copyright-wall-20150727-column.html|title=Georgia claims that publishing its state laws for free online is 'terrorism'|last=Hiltzik|first=Michael|date=July 27, 2015|publisher=Los Angeles Times|access-date=December 2, 2015}}</ref><ref>{{সংবাদ উদ্ধৃতি|url=http://chronicle.augusta.com/news/metro/2015-09-14/group-countersues-georgia-copyright-fight-over-state-code|title=Group countersues Georgia in copyright fight over state code|last=Brumback|first=Kate|date=September 14, 2015|publisher=The Augusta Chronicle|access-date=December 22, 2015}}</ref>
 
== Exclusive rights ==
There are six basic rights protected by copyright.<ref>{{UnitedStatesCode|17|106}}.</ref> The owner of copyright has the exclusive right to do and to authorize others to do the following:
* To ''reproduce'' the work in copies or phonorecords;
* To prepare ''derivative works'' based upon the work;
* To ''distribute'' copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
* To ''publicly perform'' the work, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
* To ''publicly display'' the work, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work.
* To ''digitally'' transmit sound recordings by means of digital audio transmission.<ref>Bryan M. Carson. </ref>
A violation of any of the exclusive rights of the copyright holder is a copyright infringement, unless fair use (or a similar affirmative defense) applies.<ref>Bryan M. Carson. </ref>
 
=== Authorship, Ownership, and Work for Hire ===
The initial owner of the copyright to a work is the author, unless that work is a "work made for hire."
* '''Works for hire'''. If a work is made "for hire" within the meaning of the Copyright Act, then the ''employer'' or ''commissioning party'', is deemed to be the author and will own the copyright as though it were the true author.<ref name="Section 101">{{UnitedStatesCode|17|101}}</ref> These circumstances under which a work may be found to be a work for hire are:
** Work prepared by an ''employee'' within the scope of their employment. In Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989), the Supreme Court held that the term "employee" in this context should be interpreted according to common law agency principles. If the person doing the work is an "employee" within the meaning of the common law, and the work was done within the scope of their employment (whether the work is the kind they were employed to prepare; whether the preparation takes place primarily within the employer's time and place specifications; and whether the work was activated, at least in part, by a purpose to serve the employer), then the work is a work for hire and the employer is the initial owner of the copyright.<ref>Bryan M. Carson. </ref>
** Specially ordered or commissioned works. Works created by independent contractors (rather than employees) can be deemed works for hire only if two conditions are satisfied. First, the work must fit into one of these categories: a contribution to a collective work, part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an instructional text, a test, answer material for a test, or an atlas. Second, the parties must expressly agree in a written, signed instrument that the work will be considered a work made for hire.<ref>Carson, http://works.bepress.com/bryan_carson/55.</ref>
If a work is not a work for hire, then the author will be the initial copyright owner. The author generally is the person who conceives of the copyrightable expression and "fixes" it in a "tangible medium of expression." Special rules apply when multiple authors are involved:
* '''Joint authorship:''' The US copyright law recognises joint authorship in Section 101. The authors of a joint work are co-owners of a single copyright in the work. A joint work is "a work prepared by two or more authors with the intention that their contributions be merged into inseparable or independent parts of a unitary whole."<ref>{{সাময়িকী উদ্ধৃতি}}<code>&#x7C;title=</code> অনুপস্থিত বা খালি ([[সাহায্য:উদ্ধৃতি শৈলী ১ ত্রুটি#citation missing title|সাহায্য]])
[[বিষয়শ্রেণী:শিরোনামহীন উদ্ধৃতিসহ পাতা]]</ref>
* '''Collective works''': A collective work is a collection of independent, separately copyrightable works of authorship, such as a newspaper, magazine, or encyclopedia. In the absence of an express assignment of copyright, the author of each individual work in the collection retains copyright in that work.<ref name="Section 201">{{UnitedStatesCode|17|201}}</ref> The compiler, or author of the collection, owns copyright in the expression he or she contributed, which is primarily the selection and arrangement of the separate contributions, but may include such things as a preface, advertisements, etc., that the collective author created.
 
=== Transfers and licenses ===
Three types of transfers exist for copyrighted works.
* Assignment
* Exclusive license
* Non-exclusive license
The first two, assignment and exclusive licenses, require the transfer to be in writing. Nonexclusive licenses need not be in writing and they may be implied by the circumstances. Transfers of copyright always involve one or more of the ''exclusive rights'' of copyright. For instance, a license may provide a right to perform a work, but not to reproduce it or to prepare a derivative work (adaptation right).<ref>Kunvay Copyright & IP Assignment Explained: What Copyright Transfer and Assignment of Rights Really Means. http://blog.kunvay.com/copyright-ip-assignment-explained-copyright-transfer-assignment-rights-really-means/. </ref>
 
The terms of the license is governed by the applicable contract law, however there is substantial academic debate about to what extent the Copyright Act preempts state contract law principles.<ref>Kevin Smith. </ref>
 
An author, after transferring a copyright, can terminate the transfer under certain circumstances. This right to terminate the transfer is absolute and cannot be waived.<ref>{{UnitedStatesCode|17|203}}(a)(5); {{UnitedStatesCode|17|304}}(c)(5) ("Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant."</ref>
 
== Registration procedure ==
Copyright is automatically granted to the author of an original work (that otherwise meets the basic copyright requirements, discussed above). Registration is not necessary. However, registration amplifies a copyright holder's rights in a number of ways. Registration is required before a lawsuit can be filed, and registration creates the possibility for enhanced "statutory" damages.
 
A copyright can be registered online at the US Copyright Office's website. The Copyright Office reviews applications for obvious errors or lack of copyrightable subject matter, and then issues a certificate of registration. The Copyright Office does not compare the authors new work against a collection of existing works or otherwise check for infringement.
 
=== Deposit requirement ===
The United States Copyright Office requires a deposit copy of the work for which copyright registration is sought. Deposits can be made through the Copyright Office's [http://www.copyright.gov/eco/ eCO System]. This deposit requirement serves two purposes. First, if a copyright infringement lawsuit arises, the owner may prove that the material that is infringed is exactly the same material for which the owner has secured a registration. Second, this requirement helps the Library of Congress build its collection of works.
 
Failure to comply with the deposit requirement, as modified by Copyright Office regulations, is punishable by fine, but does not result in forfeiture of copyright.
 
=== Copyright notices ===
The use of copyright notices is optional. The Berne Convention, amending US copyright law in 1989, makes copyright automatic.<ref>[http://www.copyright.gov/circs/circ03.pdf U.S. Copyright Office – Information Circular]</ref> However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit—using notices of this form may reduce the likelihood of a defense of "innocent infringement" being successful.<ref name="USC, 17, 401 (d)">[//en.wikipedia.org/wiki/Title_17_of_the_United_States_Code 17 U.S.C.] {{UnitedStatesCodeSec|17|401(d)}}</ref>
 
== Duration of copyright ==
[[চিত্র:Tom_Bell's_graph_showing_extension_of_U.S._copyright_term_over_time.svg|ডান|থাম্ব|500x500পিক্সেল|Expansion of U.S. copyright term (assuming authors create their works at age 35 and live for seventy years)]]
Copyright protection generally lasts for 70 years after the death of the author. If the work was a "work for hire", then copyright persists for 120 years after creation or 95 years after publication, whichever is shorter. For works created before 1978, the copyright duration rules are complicated. However, works created before 1923 have made their way into the public domain.
 
=== Works created before 1978 ===
For works published or registered before 1978, the maximum copyright duration is 95 years from the date of publication, if copyright was renewed during the 28th year following publication.<ref>{{UnitedStatesCode|17|304}}</ref> Copyright renewal has been automatic since the Copyright Renewal Act of 1992.
 
For works created before 1978, but not published or registered before 1978, the standard §302 copyright duration also applies. Prior to 1978, works had to be published or registered to receive copyright protection. Upon the effective date of the 1976 Copyright Act (which was January 1, 1978) this requirement was removed and these unpublished, unregistered works received protection. However, Congress intended to provide an incentive for these authors to publish their unpublished works. To provide that incentive, these works, if published before 2003, would not have their protection expire before 2048.
 
All copyrightable works published in the United States before 1923 are in the [[পাবলিক ডোমেইন|public domain]];<ref>"[http://copyright.cornell.edu/resources/publicdomain.cfm Copyright Term and the Public Domain in the United States 1 January 2008]."</ref> works created before 1978 but not published until recently may be protected until 2047.<ref>{{UnitedStatesCode|17|303}}</ref> For works that received their copyright before 1978, a renewal had to be filed in the work's 28th year with the Copyright Office for its term of protection to be extended. The need for renewal was eliminated by the Copyright Renewal Act of 1992, but works that had already entered the public domain by non-renewal did not regain copyright protection. Therefore, works published before 1964 that were not renewed are in the public domain.
 
Before 1972, sound recordings were not subject to federal copyright, but copying was nonetheless regulated under various state [[টর্ট|torts]] and statutes, some of which had no duration limit. The Sound Recording Amendment of 1971 extended federal copyright to recordings fixed on or after February 15, 1972, and declared that recordings fixed before that date would remain subject to state or [[কমন ল|common law]] copyright. Subsequent amendments have extended this latter provision until 2067.<ref>{{UnitedStatesCode|17|301}}</ref> As a result, older sound recordings are not subject to the expiration rules that apply to contemporary visual works. Although these may enter the public domain as a result of government authorship or formal grant by the owner, the practical effect has been to render public domain audio virtually nonexistent.<ref>Program on Information Justice and Intellectual Property (2009) ''Protection for Pre-1972 Sound Recordings under State Law and Its Impact on Use by Nonprofit Institutions''.</ref>
 
In May 2016, Judge Percy Anderson ruled in a lawsuit between ABS Entertainment and CBS Radio that "remastered" versions of pre-1972 recordings can receive a federal copyright as a distinct work due to the amount of creative effort expressed in the process.<ref name="thr-cbs1972">{{ওয়েব উদ্ধৃতি|url=http://www.hollywoodreporter.com/thr-esq/cbs-beats-lawsuit-pre-1972-898633|title=CBS Beats Lawsuit Over Pre-1972 Songs With Bold Copyright Argument|website=The Hollywood Reporter|access-date=2 June 2016}}</ref>
 
== Copyright limitations, exceptions, and defenses ==
United States copyright law includes numerous defenses, exceptions, and limitations. Some of the most important include:
* Copyright applies only to certain '''copyrightable subject matter''', codified within 17 U.S.C.{{UnitedStatesCode|17|102}}. Works that are not "original works of authorship fixed in any tangible medium of expression" are not subject to copyright. 17 U.S.C.&nbsp;[https://www.law.cornell.edu/uscode/text/17/102#b §&nbsp;102(b)]{{UnitedStatesCodeSub|17|102|b}} codifies that copyright protection does not extend to ideas, procedures, processes, systems, etc. Facts may not be copyrighted. "Useful articles" may not be copyrighted. Useful articles includes typeface designs (''Eltra Corp. v. Ringer''), fashion designs, blank forms, titles, names, short phrases, slogans, lists of ingredients and contents, domain names and band names.<ref>{{ওয়েব উদ্ধৃতি|url=http://www.copyright.gov/help/faq/faq-protect.html|title=What Does Copyright Protect? (FAQ) - U.S. Copyright Office|website=copyright.gov}}</ref>
[[চিত্র:Macaca_nigra_self-portrait_large.jpg|ডান|থাম্ব|277x277পিক্সেল|As animal-made art, this [[মাঙ্কি সেলফি|monkey selfie]] is ineligible for copyright in the United States]]
* The '''first sale doctrine,''' 17 U.S.C.{{UnitedStatesCode|17|109}}, limits the rights of copyright holders to control the further distribution and display of copies of their works ''after'' the first sale by the copyright owner. The owner of a particular copy is entitled to "sell or otherwise dispose of the possession of that copy" and to "display the copy publicly ... to viewers present at the place where the copy is located."
* The "good faith" defense (Section 504(c)(2)) reduces the statutory damages where the infringer was an educational institution, library, archive, or public broadcaster and reasonably believed that the infringing use was "fair use."
* The Copyright Act includes specific exemptions for types of works and particular entities, such as '''libraries''' ({{UnitedStatesCodeSec|17|108}}), '''public broadcasters''' ({{UnitedStatesCodeSec|17|110}} and {{UnitedStatesCodeSec|17|118}}), '''braille''' ({{UnitedStatesCodeSec|17|121}}), '''software backup copies''' ({{UnitedStatesCodeSec|17|117}}), "cover license" permitting sound recording '''covers''' ({{UnitedStatesCodeSec|17|115}}), and '''jukebox''' compulsory licenses ({{UnitedStatesCodeSec|17|116}}).
* '''Provisions for the Blind and Disabled'''. The Copyright Act, in 17 USC 121 and 17 USC 110(8), includes specific statutory exceptions for reproduction of material for the blind or other persons with disabilities. [http://www.copyright.gov/title17/92chap1.html#121 Section 121 (the "Chafee Amendment")] permits the reproduction of copyright works in [[ব্রেইল পদ্ধতি|Braille]], audio, electronic, [http://www.loc.gov/nls/reference/factsheets/webbraille2003.html Web-Braille], or other necessary formats. For instance, the National Library Service for the Blind and Physically Handicapped (NLS) administers a program under Section 121, and the HathiTrust Digital Library also relies on Section 121 in providing access to disabled users.<ref>See ''[//en.wikipedia.org/wiki/Authors_Guild_v._HathiTrust Authors Guild v.]''</ref>
* '''Online Service Provider "Safe Harbor."''' Section 512 ("OCILLA", passed as part of the DMCA in 1998) provides a contingent "safe harbor" for online service providers from secondary liability for their users' copy infringements.
* '''Animal-made art''' is not subject to copyright, such as a "photograph taken by a monkey".<ref>{{সংবাদ উদ্ধৃতি|url=http://www.csmonitor.com/Innovation/Tech-Culture/2014/0822/US-government-Monkey-selfies-ineligible-for-copyright|title=US government: Monkey selfies ineligible for copyright|last=Axelrad|first=Jacob|date=22 August 2014|publisher=[[Christian Science Monitor]]|access-date=23 August 2014}}</ref><ref name="Compendium313.2">{{cite web|url=http://copyright.gov/comp3/chap300/ch300-copyrightable-authorship.pdf|title=Compendium of U.S. Copyright Office Practices, § 313.2|page=22|publisher=[[United States Copyright Office]]|date=December 22, 2014|accessdate=April 27, 2015|quote=To qualify as a work of 'authorship' a work must be created by a human being.... Works that do not satisfy this requirement are not copyrightable. The Office will not register works produced by nature, animals, or plants.}}</ref>
 
=== Fair use ===
Fair use is the use of limited amounts of copyrighted material in such a way as to not be an infringement. It is codified at 17 U.S.C.{{UnitedStatesCode|17|107}}, and states that "the fair use of a copyrighted work ... is not an infringement of copyright." The section lists four factors that must be assessed to determine whether a particular use is fair. There are no bright-line rules regarding fair use and each determination is made on an individualized case-by-case basis.<ref>{{ওয়েব উদ্ধৃতি|url=http://fairuse.stanford.edu/overview/fair-use/four-factors/|title=Measuring Fair Use: The Four Factors|access-date=March 15, 2017}}</ref>
# ''Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes'': Nonprofit educational and noncommercial uses are more likely to be fair use. This does ''not'' mean that all nonprofit education and noncommercial uses are fair use or that all commercial uses are not fair. Instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “'''transformative'''” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
# ''Nature of the copyrighted work'': Using a more creative or imaginative work (such as a novel, movie, or song) is ''less'' likely to support fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
# ''Amount and substantiality of the portion used in relation to the copyrighted work as a whole'': Courts look at both the quantity and quality of the copyrighted material that was used. Using a large portion of the copyrighted work is less likely to be fair use. However, courts have occasionally found use of an ''entire'' work to be fair use, and in other contexts, using even a small amount of a copyrighted work was determined not to be fair use because the selection was an important part—or the “heart”—of the work.
# ''Effect of the use upon the potential market for or value of the copyrighted work'': Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner’s original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.
In addition to these four factors, the statute also allows courts to consider any other factors that may be relevant to the fair use analysis. Courts evaluate fair use claims on a case-by-case basis, and the outcome of any given case depends on the specific facts of that case. There is ''no formula'' to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.<ref>{{ওয়েব উদ্ধৃতি|url=http://copyright.gov/fair-use/more-info.html|title=More Information on Fair Use|date=April 2015|access-date=April 29, 2015}}</ref>
 
The justification of the fair use doctrine turns primarily on whether, and to what extent, the challenged use is ''transformative''. "The use must be productive and must employ the quoted matter in a different manner or for a different purpose from the original. A quotation of copyrighted material that merely repackages or republishes the original is unlikely to pass the test.... If, on the other hand, the secondary use adds value to the original--if the quoted matter is used as raw material, transformed in the creation of new information, new aesthetics, new insights and understandings-- this is the very type of activity that the fair use doctrine intends to protect for the enrichment of society."<ref>{{সাময়িকী উদ্ধৃতি}}<code>&#x7C;title=</code> অনুপস্থিত বা খালি ([[সাহায্য:উদ্ধৃতি শৈলী ১ ত্রুটি#citation missing title|সাহায্য]])
[[বিষয়শ্রেণী:শিরোনামহীন উদ্ধৃতিসহ পাতা]]
[[বিষয়শ্রেণী:আইনজ্ঞ]]
[[বিষয়শ্রেণী:আইন]]
</ref>
 
The Copyright Office provides a [http://copyright.gov/fair-use/fair-index.html searchable list of fair use case law].
 
=== Parodies ===
Although a parody can be considered a derivative work, and thus within the exclusive rights of the copyright owner, it may qualify as "fair use." Parodies are not automatically fair use. The Supreme Court of the United States stated that parody (transformative) "is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works." That commentary function provides some justification for use of the older work; in contrast, a satire (exaggerated) (which is not targeted at the work borrowed from) does not require use of the original work to make its point. (See ''Campbell v. Acuff-Rose Music, Inc.'').
 
== Infringement ==
Copyright infringement occurs when someone violates one of the exclusive rights listed in 17 USC 106. Commonly, this involves someone creating or distributing a "copy" of a protected work that is "substantially similar" to the original version.
 
Infringement requires copying. If two people happen to write exactly the same story, without knowledge of the other, there is no infringement.
 
=== Copyright infringement litigation ===
A copyright owner may bring a copyright infringement lawsuit in federal court. Federal courts have ''exclusive'' subject-matter jurisdiction over copyright infringement cases.<ref>[//en.wikipedia.org/wiki/Title_28_of_the_United_States_Code 28 U.S.C.] {{UnitedStatesCodeSec|28|1338}}</ref> That is, an infringement case may not be brought in ''state'' courts. Note that the Copyright Office handles copyright registrations, but it does not adjudicate copyright infringement disputes.
 
==== Ownership of valid copyright ====
To bring a copyright infringement lawsuit, a copyright holder must establish ownership of a valid copyright and the copying of constituent elements of the work that are original.<ref>''see [//en.wikipedia.org/wiki/Feist_v._Rural Feist Publications, Inc., v.]''</ref> The copyright owner must also establish both (a) actual copying and (b) improper appropriation of the work. The copyright owner, as plaintiff, bears the burden of establishing these three elements of the ''prima facie'' case for infringement.
 
A plaintiff establishes ownership by authorship (by the plaintiff itself or by someone who assigned rights to the plaintiff) of (1) an ''original'' work of authorship that is (2) fixed in a tangible medium (e.g. a book, musical recording, etc.).
 
Registration is not required to establish copyright protection, but registration is necessary before bringing a lawsuit. Registration is also useful because it creates a presumption of a ''valid'' copyright, it allows the plaintiff to collect enhanced "statutory damages", and to be eligible for an award of attorney fees.
 
A plaintiff establishes "actual copying" with direct or indirect evidence. Direct evidence is satisfied either by a defendant's admission to copying or the testimony of witnesses who observed the defendant in the act. More commonly, a plaintiff relies on circumstantial or indirect evidence. A court will infer copying by a showing of a "'''striking similarity'''" between the copyrighted work and the alleged copy, along with a showing of both '''access''' and use of that access.<ref>''see Ty, Inc. v. ''</ref> A plaintiff may establish "access" by proof of distribution over a large geographical area, or by eyewitness testimony that the defendant owned a copy of the protected work. Access alone is not sufficient to establish infringement. The plaintiff must show a similarity between the two works, and the degree of similarity will affect the probability that illicit copying in fact occurred in the court's eyes.<ref>''Id.'' 132 F.3d 1167</ref> Even then, the plaintiff must show that the copying amounted to improper appropriation. Indeed, the United States Supreme Court has held that not all copying constitutes infringement and a showing of misappropriation is necessary.<ref>''see Feist'' at 361</ref>
 
==== Misappropriation ====
A copyrighted work may contain elements which are not copyrightable, such as facts, ideas, themes, or content in the [[পাবলিক ডোমেইন|public domain]]. A plaintiff alleging misappropriation must first demonstrate that what the defendant appropriated from the copyrighted work was protectible. Second, a plaintiff must show that the '''intended audience''' will recognize '''substantial similarities''' between the two works. The intended audience may be the general public, or a specialized field. The degree of similarity necessary for a court to find misappropriation is not easily defined. Indeed, "the test for infringement of a copyright is of necessity vague."<ref>Judge [//en.wikipedia.org/wiki/Learned_Hand Learned Hand], ''Peter Pan Fabrics, Inc. v. ''</ref>
 
Two methods are used to determine if unlawful appropriation has occurred: the "subtractive method" and the "totality method".
 
The '''subtractive method''', also known as the "abstraction/subtraction approach" seeks to analyze what parts of a copyrighted work are protectible and which are not.<ref>''see Nichols v. ''</ref> The unprotected elements are ''subtracted'' and the fact finder then determines whether substantial similarities exist in the protectible expression which remains. For instance, if the copyright holder for ''West Side Story'' alleged infringement, the elements of that musical borrowed from ''[[রোমিও অ্যান্ড জুলিয়েট|Romeo and Juliet]]'' would be subtracted before comparing it to the allegedly infringing work because ''Romeo and Juliet'' exists in the public domain.
 
The '''totality method''', also known as the "total concept and feel" approach takes the work as a whole with all elements included when determining if a substantial similarity exists.
This was first formulated in ''Roth Greeting Cards v. United Card Co.'' (1970).<ref>{{বই উদ্ধৃতি|url=https://books.google.com/books?id=x1vERuaJxIgC&pg=PA104|title=Intellectual Property and the National Information Infrastructure: The Report of the Working Group on Intellectual Property Rights|last=Lehman|first=Bruce A.|date=1995-10-01|publisher=DIANE Publishing|isbn=978-0-7881-2415-0|page=104|ref=harv|access-date=2012-06-23}}</ref>
The individual elements of the alleged infringing work may by themselves be substantially different from their corresponding part in the copyrighted work, but nevertheless taken together be a clear misappropriation of copyrightable material.<ref>''see [//en.wikipedia.org/wiki/Sid_&_Marty_Krofft_Television_Productions_Inc._v._McDonald's_Corp. Sid & Marty Krofft Television Productions Inc. v.]''</ref>
 
Modern courts may sometimes use both methods in its analysis of misappropriation.<ref>''see [//en.wikipedia.org/wiki/Castle_Rock_Entertainment,_Inc._v._Carol_Publishing_Group Castle Rock Entertainment, Inc. v.]''</ref> In other instances, one method may find misappropriation while the other would not, making misappropriation a contentious topic in infringement litigation.<ref>''see Computer Associates International, Inc. v. ''</ref>
 
=== Civil remedies ===
A successful copyright infringement plaintiff may seek both "injunctive relief" and monetary damages.
 
'''Injunctions''': Copyright Act § 502 authorizes courts to grant both preliminary and permanent injunctions against copyright infringement. There are also provisions for impounding allegedly infringing copies and other materials used to infringe, and for their destruction.
 
'''Damages and/or Profits''': Copyright Act § 504 gives the copyright owner a choice of recovering: (1) their actual damages and any additional profits of the defendant; or (2) statutory damages.
 
==== Equitable relief ====
Both temporary and permanent injunctions are available to prevent or restrain infringement of a copyright.<ref name="Section 502">{{UnitedStatesCode|17|502}}</ref> An "injunction" is a court order directing the defendant to stop doing something (e.g., stop selling infringing copies). One form of equitable relief that is available in copyright cases is a '''seizure order'''. At any time during the lawsuit, the court may order the impoundment of any and all copies of the infringing products. The seizure order may include materials used to produce such copies, such as master tapes, film negatives, printing plates, etc. Items that are impounded during the course of the lawsuit can, if the plaintiff wins, be ordered destroyed as part of the final decree.
 
==== Monetary damages ====
A copyright holder can also seek monetary damages. Injunctions and damages are not mutually exclusive. One can have injunctions and no damages, or damages and no injunctions, or both injunctions and damages. There are two types of damages: actual damages and profits, or statutory damages.<ref name="sec#504">{{UnitedStatesCode|17|504}}</ref>
 
The copyright owner may recover the profits he or she would have earned absent the infringement (actual damages) and any profits the infringer might have made as a result of the infringement but that are not already considered in calculating actual damages. To recover actual damages, the plaintiff must prove to the court that, in the absence of the infringement, the plaintiff would have been able to make additional sales, or perhaps been able to charge higher prices, and that this would have resulted in profits given the owner's cost structure.<ref>Gordon V. Smith & Russel L. Parr, "Intellectual Property: Valuation, Exploitation, and Infringement Damages," John Wiley & Sons, 2005, pp 617–630.</ref> In some cases, the profits earned by the infringer exploiting the copyrighted material may exceed those earned by or potentially available to the owner. In these circumstances, the copyright owner can recover the infringer's profits if he or she can demonstrate a nexus between the profits and the infringing use.<ref>R. B. Troxel and W.O. Kerr, "Assets and Finance: Calculating Intellectual Property Damages", West, 2014, pp 462-472.</ref>
 
Statutory damages are available as an alternative to actual damages and profits. If the copyright was registered either (a) within three months of publication or (b) before the infringement, then the plaintiff is eligible to seek statutory damages. Statutory damages can be awarded by the court within the range of $750 to $30,000, but this can be lowered if the infringement is deemed inadvertent, or increased significantly if the infringement is willful.<ref>See, ''inter alia'', http://ipmetrics.net/blog/2010/06/17/copyright-infringement-damages/</ref>
 
Statutory damages are sometimes preferable for the plaintiff if actual damages and profits are either too small, or too difficult to prove, or both. There are, however, situations where statutory damages are not available. 17 U.S.C.{{UnitedStatesCode|17|412}} provides:
* Statutory damages are not available if the work is unpublished and the infringement began before the effective date of its registration.
* Statutory damages are not available if the work is published but the infringement commenced after the first publication and before the effective date of its registration, unless registration is made within three months after the first publication.
Statutory damages are calculated per work infringed.<ref name="sect#504c">{{UnitedStatesCode|17|504(c)}}</ref> According to clause (1) of Title 17, U.S.C. Section 504(c), statutory damages range from $750 per work to $30,000 per work, with two principal exceptions:
* In case of "innocent infringement", the amount may be reduced to a sum "not less than $200" for an effective range of $200 to $30,000 per work. "Innocent" is a technical term. In particular, if the work carries a copyright notice, the infringer cannot claim innocence.<ref>[//en.wikipedia.org/wiki/Title_17_of_the_United_States_Code 17 U.S.C.]&nbsp;[https://www.law.cornell.edu/uscode/text/17/402#d §&nbsp;402(d)]{{UnitedStatesCodeSub|17|402|d}}</ref>
* In case of "willful infringement" (again, "willful" is a technical term), statutory damages can be no more than $150,000 for an effective range of $750 to $150,000 per work.
Damages in copyright cases can be very high. In ''Lowry's Reports, Inc. v. Legg Mason Inc.'',<ref>Lowry's Reports, Inc. v. </ref> a 2003 lawsuit between a publisher of stock analysis newsletters against a company that buys one copy of the newsletters and makes multiple copies for use in-house, the jury awarded damages – actual damages for some newsletters and statutory damages for other newsletters – totaling $20 million.
 
==== Attorney's fees ====
Cost and attorney fees: Copyright Act § 505 permits courts, in their discretion, to award costs against either party and to award reasonable attorney fees to the prevailing party. The court may (but is not required to) award to the "prevailing party" reasonable attorney's fees.<ref>{{UnitedStatesCode|17|505}}</ref> This applies to both a winning plaintiff (copyright owner) and a winning defendant (accused infringer).<ref>''Fogerty v. ''</ref> However, attorney's fees award is not available against the government. Like statutory damages, attorney's fees are not available if the work infringed is not registered at the time of infringement.
 
=== Criminal penalties ===
In addition to the civil remedies, the Copyright Act provides for criminal prosecution in some cases of willful copyright infringement. There are also criminal sanctions for fraudulent copyright notice, fraudulent removal of copyright notice, and false representations in applications for copyright registration. The Digital Millennium Copyright Act imposes criminal sanctions for certain acts of circumvention and interference with copyright management information. There are not criminal sanctions for violating the rights of attribution and integrity held by the author of a work of visual art.
 
Criminal penalties for copyright infringement include:
* A fine of not more than $500,000 or [[কারাগার|imprisonment]] for not more than five years, or both, for the first [[অপরাধ|offense]].
* A fine of not more than $1 million or imprisonment for not more than 10 years, or both, for repeated offenses.
[[অলাভজনক সংগঠন|Nonprofit]] libraries, archives, [[বিদ্যালয়|education institutions]] and public broadcasting entities are exempt from criminal prosecution.
 
Felony penalties for first offenses begin at seven copies for audiovisual works, and one hundred copies for sound recordings.<ref>{{ওয়েব উদ্ধৃতি|url=http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/71mcrm.htm|title=9-71.000 - Copyright Law|website=justice.gov}}</ref>
 
=== Government infringement ===
The U.S. government, its agencies and officials, and corporations owned or controlled by it, are subject to suit for copyright infringement. All infringement claims against the U.S. that did not arise in a foreign country must be filed with the United States Court of Federal Claims within three years of the infringing action.<ref>[//en.wikipedia.org/wiki/Title_28_of_the_United_States_Code 28 U.S.C.]&nbsp;[https://www.law.cornell.edu/uscode/text/28/1498#b §&nbsp;1498(b)]{{UnitedStatesCodeSub|28|1498|b}}-[https://www.law.cornell.edu/uscode/text/28/1498#c (c)]{{UnitedStatesCodeSub|28|1498|c|pipe=(c)}}.</ref> Claims filed in the wrong court are dismissed for lack of subject-matter jurisdiction. The government and its agencies are also authorized to settle the infringement claims out of court.
 
== পাবলিক ডোমেইন ==
Works in the [[পাবলিক ডোমেইন|public domain]] are free for anyone to copy and use. Strictly speaking, the term "public domain" means that the work is not covered by any intellectual property rights at all (copyright, trademark, patent, or otherwise).<ref>{{Cite book|last=Boyle|first=James|title=The Public Domain: Enclosing the Commons of the Mind|publisher=CSPD|year=2008|pages=38|url=https://www.google.com/books?id=Fn1Pl9Gv_EMC&dq=public+domain&source=gbs_navlinks_s|isbn=978-0-300-13740-8}}</ref> However, this article discusses public domain with respect to copyright ''only''.
 
A work may enter the public domain in a number of different ways. For example, (a) the copyright protecting the work may have expired, or (b) the owner may have explicitly donated the work to the public, or (c) the work is not the type of work that copyright can protect.
 
== Orphan works ==
The "orphan works" problem arose in the United States with the enactment of the Copyright Act of 1976, which eliminated the need to register copyrighted works, instead declaring that all "original works of authorship fixed in any tangible medium of expression"<ref>{{UnitedStatesCode|17|102}}.</ref> fall into copyright status. The elimination of registration also eliminated a central recording location to track and identify copyright-holders. Consequently, potential users of copyrighted works, e.g., filmmakers or biographers, must assume that many works they might use are copyrighted. Where the planned use would not be otherwise permitted by law (for example, by fair use), they must themselves individually investigate the copyright status of each work they plan to use. With no central database of copyright-holders, identifying and contacting copyright-holders can sometimes be difficult; those works that fall into this category may be considered "orphaned".
 
== আরো দেখুন ==
{{কলামের তালিকা|2|*[[Ashcan copy]]
*[[Bilateral copyright agreements of the United States]]
*[[Copyfraud]]
*[[Copyright Catalog]]
*[[Copyright Clearance Center]]
*[[Copyright misuse]]
*[[Fair Use Project]]
*[[International Copyright Act]]
*[[No Electronic Theft Act]]
*[[Public Domain Enhancement Act]]
*[[TEACH Act]]
*[[United States copyright law in the performing arts]]
*[[United States patent law]]
*[[United States trademark law]]
*[[Visual Artists Rights Act]]}}
==>
=== মামলা ===
* {{অনুচ্ছেদ লিঙ্ক|List of copyright case law|United States}}