Difference Between Copyright And Copyright

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We should begin by considering three basic statements that are necessary in the understanding of how both authors and users interests are managed in order to find an economic equilibrium. It exists different types of copyrightable works as well as different types of fair uses. Indeed, the kind of work used and the kind of use made of the work will draw the line of the application of fair use depending on the situation. However, work and copyright should not be mixed up together, and then it is important to distinguish the use of the work and the use of the copyright. Therefore, the application of fair use depends on a case-by-case approach. Mainly, three types of copyrightable works should be taken into account. The type of work is fundamental…show more content…
By this expression, we mean work based on another copyrighted work. The production of a derivative work is an exclusive right of the copyright owner; the easiest example to picture will be a movie based on a novel such as the Lord of the ring or Harry Potter. Even if the transformation of the work required the same personal investment in creativity as the original work, the derivative author will only be entitle to copyright protection proportionally to his contributions. Conversely, we will have three different kinds of fair use. The purpose of each differs depending on if we talk about creative, personal, or educational fair use. Broadly speaking we can say that creative fair use involves the use of copyrighted material in creating another work and so involves a competitive use of the copyright. Personal fair use involves the use of a copyrighted work for learning of entertainment, and educational fair use involves the use of copyrighted works for teaching, scholarship or research which both involve only a use of the…show more content…
Therefore, it covers a much wider range of uses or reproductions of works (critic, education, research etc.). In that, fair use completes the legal mechanism of copyright because it enables the dissemination of a work in some situations where the too high cost of transaction would have made it impossible. Depoorter and Parisi well explained this analysis of fair use by the cost of transaction; they explain how in the USA for instance, tribunals mind the concept of cost of transaction in order to reveal the existence or not of fair use and so “the absence of market failure was the conclusive rationale for ruling against fair use.” They illustrate this statement with American Geophysical Union v. Texaco, Inc. [1995] and Princeton University Press v. Michigan Document Services, Inc. [1996] Judge Newman draws the framework of fair use saying; “a particular unauthorized use should be considered “more fair” when there is no ready market or means to pay for the use, while such an unauthorized use should be considered “less fair” when there is a ready market or means to pay for the use.” Then in both cases, defendants could have realized the copies of works in a legal way what raise the question of the balance between author’s interests and user’s

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