Copyright
Protecting original works of authorship.
5-mark Exam Answer
Copyright law protects original forms of expression such as writings, art, photographs, music, motion pictures, performances, and computer programs from being copied. According to Laudon and Traver, it does not protect ideas — only their expression — and the doctrine of fair use permits limited use without permission.
- 1.Protects expression, not ideas
- 2.Duration: life + 70 years (individuals), 95 (corporate)
- 3.CTEA 1998 extended by 20 years
- 4.Merger doctrine limits protection
- 5.Fair use permits limited use without permission
In the United States, copyright law protects original forms of expression such as writings, art, drawings, photographs, music, motion pictures, performances, and computer programs from being copied by others for a period of time. Up until 1998, copyright protected works of individuals for their lifetime plus 50 years, and corporate works for 75 years.
In 1998, Congress extended the period of copyright protection for an additional 20 years, for a total of 95 years for corporate-owned works, and life plus 70 years for works created by individuals (the Copyright Term Extension Act). In Eldred v. Ashcroft, the Supreme Court ruled that the CTEA was constitutional.
Copyright does not protect ideas — just their expression in a tangible medium. The drawback is that the underlying ideas behind a work are not protected, only their expression. A competitor can view the source code on your website to see how various effects were created and then reuse those techniques to create a different website without infringing on your copyright.
Copyrights, like all rights, are not absolute. The doctrine of fair use has been created, which permits teachers, writers, and others to use copyrighted materials without permission under certain circumstances. The fair use doctrine draws upon the First Amendment's protection of freedom of speech.
The HTML code for a web page cannot be lawfully copied to create an identical commercial website, but a competitor can study the techniques (the ideas) and use them to build a different site — because copyright protects only the expression, not the underlying ideas.
Copyright protects original forms of expression (life + 70 years) but not the underlying ideas, with the fair use doctrine permitting limited use without permission.
The exam interface follows the university paper pattern: Section A & B carry 5-mark questions; Section C carries objective questions.