The main problem with this line of thought is that it completely ignores the
very purpose of copyright, which is to promote artistic or intellectual creation.
We now know that the economic
purpose of copyright law is instrumentalist in nature, namely, to ensure the orderly production and distribution of, and access to, works of art and intellect.
For example, the new trial will be expedited if the parties can agree that the versions of Android that have been released since previous expert reports in this matter, including new flavors Gingerbread, Honeycomb, Ice Cream Sandwich, Jelly Bean, KitKat, and Lollipop, are the same as prior versions Cupcake and Froyo
for purposes of the copyright infringement analysis relevant here.»
Although the original version of Megaupload was shut down by the United States Department of Justice due to allegations of operating an organization with the sole
purpose of copyright infringement, Dotcom says Megaupload 2.0 will not allow copyright infringement activity to take place.
Mozilla Corp, which makes the Firefox internet browser using an open - source software, said Google's actions were in line with the «the
fundamental purpose of copyright, which is to promote creative works» and said a victory for Oracle would have far - reaching implications.
However, the Supreme Court in Théberge v. Galerie d'Art du Petit Champlain insisted that furthering the public interest in the production and dissemination of intellectual works is also a
primary purpose of copyright.
Similarly, in his standing analysis, he noted, «the
basic purpose of copyright — to provide a limited monopoly for authors primarily to encourage creativity — further suggests that Congress did not intend for third - party enforcement of those rights.»
In a decision dated June 21, 2012, the Federal Court made it clear that,
for purposes of copyright, using a hyperlink is not copying the material it points to.
Since the
fundamental purpose of copyright is to encourage innovation, many feel that the Java APIs used in Android is a perfect example of innovation in action: a team took the free Java APIs and made something entirely new.
In several nations,
the purpose of copyright is set forth in the statutes or case law.
Created by Renee Hobbs, Sandra Braman and Katie Donnelly, these lesson plans help learners understand
the purpose of copyright, the doctrine of fair use, the Codes of Best Practices, and the future of copyright law.
The purpose of copyright is to provide the author of an artistic, literary, musical, or dramatic work the rewards of his / her efforts.
«This ruling furthers
the purpose of copyright by recognizing that Google's Book search is a transformative fair use that advances research and learning.»
However, too many people (especially authors, corporations, and lawmakers) are confused about
the purpose of copyright.
Nintendo is the author of this software for
the purpose of copyright.
This might be fine if you're an avid follower of Romanticism and Abstract Expressionism, but if you believe, as the 2nd Circuit does, that
the purpose of copyright is to «promote the Progress of... useful Arts,» then the question is clear: how does playing with paint promote the progress of art?
«All are to be explored, and the results weighed together, in light of
the purposes of copyright.»
Both Wiley and Kirtsaeng proposed that the Court provide guidance to district courts in order to direct their discretion in determining whether to award attorney's fees to a prevailing party «towar [d]
the purposes of the Copyright Act,» which the Court articulates as «enriching the general public through access to creative works» and «enhancing the probability that both creators and users... will enjoy the substantive rights» provided by the Copyright Act.
The representations of the «Two Hearts» and «Wave» diagrams, whilst standard concepts, were the result of the creators» intellectual effort and were held to be original artistic works for
the purposes of copyright law.
The recent issue of the University of Ottawa Law and Technology Journal has two articles on copyright by Canadian scholars: «
The Purpose of Copyright Law in Canada,» by Ottawa's Daniel Gervais, and «The Evolution of Originality in Canadian Copyright Law: Authorship, Reward and the Public Interest» by my colleague at Osgoode, Carys Craig.
In the case of partial transfer, for
the purposes of the Copyright Act, the assignee is treated as the owner of the copyright with respect to the assigned rights.
Only by reminding the public and the legislature of
the purpose of copyright and the opportunity for the open flow of information can we ensure that the public prevails.»
An initial opinion by the Advocate - General determined that, once Pirate Bay were aware that users were sharing infringing material, the continued provision of the platform constituted a «communication to the public» for
the purposes of copyright law, entitling the complaining rights holders to obtain injunctions against the platform itself.
Where such a series of point - to - point communications of the same work to an aggregation of individuals is found to exist, it matters little for
the purposes of copyright protection whether the members of the public receive the communication in the same or in different places, at the same or at different times or at their own or the sender's initiative.
The Court rejected the argument advanced by the CBC and CIPPIC, which intervened in the appeal, that the reproduction right should be interpreted in light of the principle of technological neutrality to apply only where the right would be consistent with
the purposes of the Copyright Act.
Such a rule would defeat
the purpose of copyright law, which is to give the copyright holder control over the use of the work, not take away their ability to do so.