Conditions for copyright protection in the law of the United States of America

This paper analyzes various conditions that one spiritual creation must provide in order to be considered an author's work, according to the law of the United States of America. Apart from the peculiarities that are the result of the Anglo-Saxon concept of copyright, there are other specifics s...

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Main Author: Petrović Milica Z.
Format: Article
Language:English
Published: Institute of Comparative Law, Belgrade 2021-01-01
Series:Strani pravni život
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2021/0039-21382101105P.pdf
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author Petrović Milica Z.
author_facet Petrović Milica Z.
author_sort Petrović Milica Z.
collection DOAJ
description This paper analyzes various conditions that one spiritual creation must provide in order to be considered an author's work, according to the law of the United States of America. Apart from the peculiarities that are the result of the Anglo-Saxon concept of copyright, there are other specifics such as the special, constitutionally provided, purpose of copyright in promoting learning, preserving the public domain and protecting copyright. Based on the provisions of the Federal Copyright Act (17 U.S.C.) and examples from the case law, the author explains how the originality of a work is interpreted, how the condition that the work must embody in a materialized medium is regulated and what are the typical types of copyrighted works. In addition, the author explains the main differences when it comes to American Copyright system and how the concept of registration is viewed, after the ratification of the Bern Convention, which is one of the most common causes of the problem of protection of works whose right holders are unknown, which is extremely notable when speaking of the protection of cultural heritage of marginalized groups in American society. The paper aims to point out the similarities and differences between the copyright of the USA and the law of the continental legal system in terms of the conditions for the protection of copyright works.
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spelling doaj.art-b5ed10164bc84f23900a93c2c671e6382022-12-21T23:33:35ZengInstitute of Comparative Law, BelgradeStrani pravni život0039-21382620-11272021-01-012021110511710.5937/spz65-296660039-21382101105PConditions for copyright protection in the law of the United States of AmericaPetrović Milica Z.0Univerzitet Privredna akademija u Novom Sadu, Pravni fakultet za privredu i pravosuđe, SerbiaThis paper analyzes various conditions that one spiritual creation must provide in order to be considered an author's work, according to the law of the United States of America. Apart from the peculiarities that are the result of the Anglo-Saxon concept of copyright, there are other specifics such as the special, constitutionally provided, purpose of copyright in promoting learning, preserving the public domain and protecting copyright. Based on the provisions of the Federal Copyright Act (17 U.S.C.) and examples from the case law, the author explains how the originality of a work is interpreted, how the condition that the work must embody in a materialized medium is regulated and what are the typical types of copyrighted works. In addition, the author explains the main differences when it comes to American Copyright system and how the concept of registration is viewed, after the ratification of the Bern Convention, which is one of the most common causes of the problem of protection of works whose right holders are unknown, which is extremely notable when speaking of the protection of cultural heritage of marginalized groups in American society. The paper aims to point out the similarities and differences between the copyright of the USA and the law of the continental legal system in terms of the conditions for the protection of copyright works.https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2021/0039-21382101105P.pdfauthor's workcopyrightus lawcopyright protection
spellingShingle Petrović Milica Z.
Conditions for copyright protection in the law of the United States of America
Strani pravni život
author's work
copyright
us law
copyright protection
title Conditions for copyright protection in the law of the United States of America
title_full Conditions for copyright protection in the law of the United States of America
title_fullStr Conditions for copyright protection in the law of the United States of America
title_full_unstemmed Conditions for copyright protection in the law of the United States of America
title_short Conditions for copyright protection in the law of the United States of America
title_sort conditions for copyright protection in the law of the united states of america
topic author's work
copyright
us law
copyright protection
url https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2021/0039-21382101105P.pdf
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