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Moral Rights
The idea that the work is an expression of the creator.
The creator has the right to forbid any form of mutilation to their work.
The holder has rights to reproduce, distribute, communicate to the public, and
transform the work (adaptation or word change).
How should copyright be used?
The use of copyright, maintains the balance of the rightsholder and the content
user. Though, in some cases, protected work may be used without the
permission of the right holder.
What is Fair Use?
A U.S. concept that recognizes copyrighted work that doesn’t require
authorization of the rightsholder. The use is minimal enough anc can be reused.
Solution:
Though the idea of a taking an image of the great Michael Jordan, the expression
from the two parties were completely different. Copyright only protects the
expression of the rightsholder, not the idea. Rentmeester would have been better
off, getting first permission to photograph the player while making sure there
were no other competition through his work.
Fox News Network, LLC v. TVEyes, Inc.
TVEyes Inc was found copying Fox tv programs and distributing to viewers who
did not have access to Fox. TVEyes felt that “fair use” was the content of their
gesture. Unfortunately, the court reversed the districts court order of “fair use”
and TVEyes was denied additional relief.
Solution:
Though TVEyes may have been trying to help fellow viewers, they failed to
comply to the moral right of the rightsholder to make the original work public.
Design Basics, LLC v. Lexington Homes, Inc
Design Basics sued Lexington Homes contending that Lexington Homes copied
four designs belonging to Design Basics. The courts found that Lexington Homes
never had access to Design Basics and there were no evidence of Lexington
Homes having plans that belonged to Design Basics. The owner of Design Basics
later revealed proceeds of litigations became a revenue for Design Basics.
Solution:
Because of Designs Basics hugh revenue of home designs, it’s easy for other
homes to share similar styles. The owner used it’s monopoly to prey on smaller
businesses that would allow them to sue for infringement. Fortunately for
Lexington Homes, no evidence was found.
How to get access to copyright?
Permission can be obtained by getting in contact directly with the rightsholder
or through a third party.