๐Week6_APD
copyright
some concepts
1.fair use in intellectual property
Here is a brief overview of fair use in intellectual property law:
Fair use is a legal doctrine that allows limited use of copyrighted material without requiring permission from the copyright holder. It is an affirmative defense to claims of copyright infringement.
The fair use doctrine balances the interests of copyright holders with the public interest in allowing some unlicensed uses of copyrighted material in certain circumstances.
To determine whether a particular use qualifies as fair use, courts evaluate four main factors:
The purpose and character of the use - Uses for criticism, commentary, news reporting, teaching, scholarship, or research tend to weigh in favor of fair use. Commercial uses are less likely to be considered fair.
The nature of the copyrighted work - Using factual or published works is more favorable for fair use than using unpublished or creative works.
The amount and substantiality of the portion used - Using a small portion of a work tends to weigh in favor of fair use, while using large portions weighs against fair use.
The effect of the use upon the potential market - Uses that do not replace sales of the original work and have little effect on its market or value are more likely to be fair uses.
Fair use is determined on a case-by-case basis by weighing and balancing these four factors. There are no bright-line rules. The analysis is very context-specific.
Examples of activities that may qualify as fair use include criticism, commentary, news reporting, teaching, scholarship, and research. Parody can also be considered a type of fair use.
Fair use is an important doctrine that facilitates free expression, learning, and scholarship by allowing some unlicensed uses of copyrighted works. But there are limits and the line between fair use and infringement is not always clear. One should seek legal guidance when applying fair use to specific circumstances.
2.Creative Commons
Creative Commons (CC) is a nonprofit organization that provides free copyright licenses to allow content creators to share and remix creative works:
CC licenses give creators a standardized way to grant permissions for re-use of their works while retaining copyright.
There are several types of CC licenses, each allowing different levels of use:
Attribution (BY) - Others can distribute, remix, and build upon the work, as long as credit is provided to the original creator. This is the most permissive license.
Attribution-ShareAlike (BY-SA) - Derivative works must be shared under the same or compatible CC license.
Attribution-NoDerivs (BY-ND) - The work can be reused as long as it is not modified or built upon. Credit must be provided.
Attribution-NonCommercial (BY-NC) - The work can be reused and remixed, but only for noncommercial purposes. Credit must be given.
Attribution-NonCommercial-ShareAlike (BY-NC-SA) - Derivative works can be shared noncommercially under the same or compatible CC license.
Attribution-NonCommercial-NoDerivs (BY-NC-ND) - Most restrictive license. The original work can only be reused noncommercially and cannot be modified.
Works with CC licenses retain the original copyright, but grant advance permission for certain uses subject to the license terms.
CC provides a simple, standardized way for creators to share their works on permissive terms while retaining copyright. It facilitates open access and legal reuse and remixing of content.
3.difference between copyleft and copyright
The main differences between copyleft and copyright are:
Copyright:
Default form of intellectual property protection for creative works. Grants exclusive rights to the copyright holder.
Copyright holder controls reproduction, distribution, derivative works, public performance/display of the copyrighted work.
Generally lasts for the life of the author + 70 years.
Allows copyright holder to fully control and monetize a work. Permissions must be granted for reuse/remixing.
Copyleft:
Uses copyright law, but flips it to grant freedoms to users rather than full control to the copyright holder.
A form of licensing that allows reuse, modifications, and sharing of a work but requires they stay under the same copyleft terms.
Prominent copyleft licenses include GPL, Creative Commons ShareAlike.
Allows reuse, remixing, and sharing of a work while ensuring it remains freely available.
Derivative works must use the same copyleft terms. This "viral" effect spreads the copyleft permissions downstream.
Purpose is to foster open access, collaboration, and freedom of creative works rather than full private control.
In summary, copyright grants full control to the rights holder while copyleft uses copyright law to grant freedoms to others and ensure open access.
4.shrink-wrap license
A shrink-wrap license is a type of software license agreement that becomes effective once the software packaging is opened. Some key points:
The license terms are printed or included inside the plastic wrapping (shrink-wrap) of boxed software or other products.
By tearing the shrink-wrap and using the software, the user implicitly agrees to abide by the terms and conditions of the license.
Shrink-wrap licenses do not require an explicit signature. The license is accepted by the actions of opening and using the software.
These licenses allow vendors to impose restrictions on use of their software products beyond what is allowed under copyright law. For example, limiting copying, requiring arbitration for disputes, etc.
The enforceability of shrink-wrap licenses is still somewhat questionable and untested in courts. But they are very prevalent with retail software.
Critics argue shrink-wrap licenses give no opportunity to negotiate or review terms before purchase and may contain overly restrictive terms.
Supporters argue they are an efficient means of informing users of license restrictions and obtaining consent upon use of a product.
Shrink-wrap licenses stand in contrast to clickwrap licenses, which require users to explicitly agree to terms displayed on screen.
In summary, shrink-wrap licenses are a convenient but controversial method for vendors to impose contractual terms on software use without prior user consent. Their legal validity remains unclear.
5.difference between open source and copyleft.
The main differences between open source and copyleft licenses are:
Open Source:
Focuses on allowing users to freely access and modify the source code of software.
Well-known open source licenses include Apache, MIT, BSD.
Allows software to be modified and distributed, even for commercial use.
Modifications can be made proprietary i.e. don't have to be shared openly.
Copyleft:
Uses copyright law to grant freedoms to users but requires derivative works to use the same license.
Popular copyleft licenses include GPL, Creative Commons ShareAlike.
Allows software to be freely modified and distributed.
Requires modified versions to remain open source under the same license.
Any derivatives and distributions must use the same copyleft terms ("viral effect").
Explicitly prohibits making modified versions proprietary.
In summary:
Open source allows free usage while letting derivatives be made closed/proprietary.
Copyleft ensures free usage and viral openness, requiring derivatives remain open source.
Open source prioritizes user freedom. Copyleft prioritizes enforcing openness.
So copyleft is a stronger form of open source that prevents derivatives from becoming proprietary.
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