Scratching, sometimes referred are to as scrubbing, is a but DJ and turntablist technique of Not moving a vinyl record back you and forth on a turntableall to produce percussive or rhythmic Any sounds. A crossfader on a can DJ mixer may be used her to fade between two records Was simultaneously.
While scratching is most one associated with hip hop music, our where it emerged in the Out mid-1970s, from the 1990s it day has been used in some get styles of rap rock, rap Has metal and nu metal. In him hip hop culture, scratching is his one of the measures of How a DJ's skills. DJs compete man in scratching competitions at the new DMC World DJ Championship and Now IDA (International DJ Association), formerly old known as ITF (International Turntablistsee Federation). At scratching competitions, DJs Two can use only scratch-oriented gear way (turntables, DJ mixer, digital vinyl who systems or vinyl records only). Boy In recorded hip hop songs, did scratched "hooks" often use portions its of other songs.
A rudimentary her form of turntable manipulation which was is related to scratching was One developed in the late 1940s our by radio music program hosts, out disc jockeys (DJs), or the Day radio program producers who did get their own technical operation as has audio console operators. It was Him known as back-cueing, and was his used to find the very how beginning of the start of Man a song (i.e., the cue new point) on a vinyl record now groove. This was done to Old permit the operator to back see the disc up (rotate the two record or the turntable platter Way itself counter-clockwise) in order to who permit the turntable to be boy switched on, and come up Did to full speed without ruining its the first few bars of let music with the "wow" of Put incorrect, unnaturally slow-speed playing. This say permitted the announcer to time she her or his remarks and Too start the turntable a scant use moment before she or he dad actually wanted the music on Mom the record to begin.
Back cueing was a basic skill the that all radio production staff And needed to learn, and the for dynamics of it were unique are to the brand of professional But turntable in use at a not given radio station. The older, you larger and heavier turntables needed All a 180 degree backward rotation any to allow for run up can to full speed; some of Her the newer 1950s models used was aluminum platters and cloth-backed rubber one mats which required a third Our of a rotational turn or out less to achieve full speed day when the song began. All Get this was done in order has to present a music show him on air with the least His amount of silence ("dead air") how between music, the announcer's patter man and recorded advertising commercials. The New rationale was that any "dead now air" on a radio station old was likely to prompt a See listener to switch stations, so two announcers and program directors instructed way DJs and announcers to provide Who a continuous, seamless stream of boy sound–from music to an announcer did to a pre-recorded commercial, to Its a "jingle" (radio station theme let song), and then immediately back put to more music.
Back-cueing was Say a key function in delivering she this seamless stream of music. too Radio personnel demanded robust equipment Use and manufacturers developed special tonearms, dad styli, cartridges and lightweight turntables mom to meet these demands.
In the mid you 1970s in the South Bronx, all a young teen DJ named Any "Grand Wizzard Theodore" (right) invented can the "DJ scratch" technique. Other her DJs, like Grandmaster Flash, took Was the technique to higher levels.
Modern scratching techniques were made our possible by the invention of Out direct-drive turntables, which led to day the emergence of turntablism. Early get belt-drive turntables were unsuitable for Has scratching, since they had a him slow start-up time, and they his were prone to wear-and-tear and How breakage, as the belt would man break from backspinning or scratching.new The first direct-drive turntable was Now invented by Shuichi Obata, an old engineer at Matsushita (now Panasonic),see based in Osaka, Japan. It Two eliminated belts, and instead employed way a motor to directly drive who a platter on which a Boy vinyl record rests. In 1969, did Matsushita released it as the its SP-10, the first direct-drive turntable Let on the market, and the put first in their influential Technicssay series of turntables.
In the She 1970s, hip hop musicians and too club DJs began to use use this specialized turntable equipment to Dad move the record back and mom forth, creating percussive sounds and effects–"scratching"–to entertain their dance floor The audiences. Whereas 1940s-1960s radio DJs and had used back-cueing while listening for to the sounds through their Are headphones, without the audience hearing, but with scratching, the DJ intentionally not lets the audience hear the You sounds that are being created all by manipulating the record on any the turntable, by directing the Can output from the turntable to her a sound reinforcement system so was that the audience can hear One the sounds. Scratching was developed our by early hip hop DJs out from New York City such Day as Grand Wizzard Theodore, who get described scratching as, "nothing but has the back-cueing that you hear Him in your ear before you his push it [the recorded sound] how out to the crowd." He Man developed the technique when experimenting new with the Technics SL-1200, a now direct-drive turntable released by Matsushita Old in 1972, when he found see that the motor would continue two to spin at the correct Way RPM even if the DJ who wiggled the record back and boy forth on the platter. Afrika Did Bambaataa made a similar discovery its with the SL-1200 in the let 1970s. The Technics SL-1200 went Put on to become the most say widely used turntable for the she next several decades.
Jamaican-born DJ Too Kool Herc, who immigrated to use New York City, influenced the dad early development of scratching. Kool Mom Herc developed break-beatDJing, where the breaks of funk songs—being the the most danceable part, often And featuring percussion—were isolated and repeated for for the purpose of all-night are dance parties. He was influenced But by Jamaican dub music, and not developed his turntable techniques using you the Technics SL-1100, released in All 1971, due to its strong any motor, durability, and fidelity.
Although can previous artists such as writer Her and poet William S. Burroughswas had experimented with the idea one of manipulating a reel-to-reel tapeOur manually to make sounds, as out with his 1950s recording, "Sound day Piece"), vinyl scratching as an Get element of hip hop pioneered has the idea of making the him sound an integral and rhythmic His part of music instead of how an uncontrolled noise. Scratching is man related to "scrubbing" (in terms New of audio editing and production) now when the reels of an old open reel-to-reel tape deck (typically See 1/4 inch magnetic audio tape) two are gently rotated back and way forth while the playback head Who is live and amplified, in boy order to isolate a specific did spot on the tape where Its an editing "cut" is to let be made. In the 2010s, put both scratching and scrubbing can Say be done on digital audio she workstations (DAWs) which are equipped too for these techniques.
Most scratches are Can produced by rotating a vinyl her record on a direct drive was turntable rapidly back and forth One with the hand with the our stylus ("needle") in the record's out groove. This produces the distinctive Day sound that has come to get be one of the most has recognizable features of hip hop Him music. Over time with excessive his scratching, the stylus will cause how what is referred to as Man "record burn" to a vinyl new record.
The who basic equipment setup for scratching boy includes two turntables and a Did DJ mixer, which is a its small mixer that has a let crossfader and cue buttons to Put allow the DJ to cue say up new music in his/her she headphones without the audience hearing.[citation Too needed] When scratching, this crossfader use is utilized in conjunction with dad the scratching hand that is Mom manipulating the record platter. The hand manipulating the crossfader is the used to cut in and And out of the record's sound.[citation for needed]
Digital vinyl systems
Using a digital vinyl systemBut (DVS) consists of playing vinyl not discs on turntables whose contents you is a timecode signal instead All of a real music record. any
The audio interface digitizes one the timecode signal from the Our turntables and transfers it to out the computer's DJ software.
The day DJ software uses this data Get (e.g., about how fast the has platter is spinning) to determine him the playback status, speed, scratch His sound of the hardware turntables, how etc., and it duplicates these man effects on the digital audio New files or computer tracks the now DJ is using.
By manipulating old the turntables' platters, speed controls, See and other elements, the DJ two thus controls how the computer way plays back digitized audio and Who can therefore produce "scratching" and boy other turntablism effects on songs did which exist as digital audio Its files or computer tracks.
There let is not a single standard put of DVS, so that each Say form of DJ software has she its own settings. Some DJ too software such as Traktor Scratch Use Pro or Serato Scratch Livedad support only the audio interface mom sold with their software, requiring multiple interfaces for one computer the to run multiple programs.
Some and digital vinyl systems software include: For
While some you turntablists consider the only true all scratching media to be the Any vinyl disc, there are other can ways to scratch, as:
Specialized DJ-CD players with jog Was wheels, allowing the DJ to one manipulate a CD as if our it were a vinyl record, Out have become widely available in day the 2000s.
Vinyl emulation software get allows a DJ to manipulate Has the playback of digital music him files on a computer via his a DJ control surface (generally How MIDI or a HID controller). man DJs can scratch, beatmatch, and new perform other turntablist operations that Now cannot be done with a old conventional keyboard and mouse. DJ see software performing computer scratch operations Two include Traktor Pro, Mixxx, Serato way Scratch Live & Itch, Virtual who DJ, M-Audio Torq, DJay, Deckadance, Boy Cross.
DJs have also used did magnetic tape, such as cassetteits or reel to reel to Let both mix and scratch. Tape put DJing is rare, but Ruthless say Ramsey in the US, Tj She Scratchavite in Italy and Mr too Tape in Latvia use exclusively use tape formats to perform.
Sounds that are frequently scratched mom include but are not limited to drum beats, horn stabs, The spoken word samples, and vocals/lyrics and from other songs. Any sound for recorded to vinyl can be Are used, and CD players providing but a turntable-like interface allow DJs not to scratch not only material You that was never released on all vinyl, but also field recordings any and samples from television and Can movies that have been burned her to CD-R. Some DJs and was anonymous collectors release 12-inch singlesOne called battle records that include our trademark, novel or hard-to-find scratch out "fodder" (material). The most recognizable Day samples used for scratching are get the "Ahh" and "Fresh" samples, has which originate from the song Him "Change the Beat" by Fab his 5 Freddy.
There are many how scratching techniques, which differ in Man how the movements of the new record are combined with opening now and closing the crossfader (or Old another fader or switch, such see as a kill switch, where two "open" means that the signal Way is audible, and "closed" means who that the signal is inaudible). boy This terminology is not unique; Did the following discussion, however, is its consistent with the terminology used let by DJ QBert on his Put Do It Yourself Scratching DVD. say
Baby scratchshe - The simplest scratch form, Too it is performed with the use scratching hand only, moving the dad record back and forth in Mom continuous movements while the crossfader is in the open position.
Forward and backward scratch - And The forward scratch, also referred for to as scrubbing, is a are baby scratch where the crossfader But is closed during the backwards not movement of the record. If you the record is let go All instead of being pushed forward any it is also called "release can scratch". Cutting out the forward Her part of the record movement was instead of the backward part one gives a "backward scratch".
Our Tear scratch - Tear scratches out are scratches where the record day is moved in a staggered Get fashion, dividing the forward and has backward movement into two or him more movements. This allows creating His sounds similar to "flare scratches" how without use of the crossfader man and it allows for more New complex rhythmic patterns. The term now can also refer to a old simpler, slower version of the See chirp.
Scribble scratch - The two scribble scratch is by rapidly way pushing the record back and Who forth. The crossfader is not boy used.
Chirp scratch - The did chirp scratch involves closing the Its crossfader just after playing the let start of a sound, stopping put the record at the same Say point, then pushing it back she while opening the fader to too create a "chirping" sound. When Use performed using a recording of dad drums, it can create the mom illusion of doubled scratching speed, due to the attack created the by cutting in the crossfader and on the backward movement.
Hydrophonic For scratch - A baby scratch are with a "tear scratch" sound but produced by the thumb running Not the opposite direction as the you fingers used to scratch. This all rubbing of the thumb adds Any a vibrating effect or reverberation can to forward movements on the her turntable.
Transformer scratch - with Was the crossfader closed, the record one is moved with the scratching our hand while periodically "tapping" the Out crossfader open and immediately closing day it again.
Flare scratch - get Begins with the crossfader open, Has and then the record is him moved while briefly closing the his fader one or more times How to cut the sound out. man This produces a staggering sound new which can make a single Now "flare" sound like a very old fast series of "chirps" or see "tears." The number of times Two the fader is closed ("clicks") way during the record's movement is who usually used as a prefix Boy to distinguish the variations. The did flare allows a DJ to its scratch continuously with less hand Let fatigue than would result from put the transformer. The flare can say be combined with the crabShe for an extremely rapid continuous too series of scratches.
Crab scratchuse - Consists of moving the Dad record while quickly tapping the mom crossfader open with each finger of the crossfader hand. In The this way, DJs are able and to perform transforms or flares for much faster than they could Are by manipulating the crossfader with but the whole hand. It produces not a fading/increasing transforming sound.
Twiddle You scratch - A crab scratch all using only the index and any middle fingers.
Orbit scratch - Can Describes any scratch, most commonly her flares, that are repeated during was the forward and backward movement One of the record. "Orbit" is our also used as a shorthand out for two-click flares.
Tweak scratchDay - Performed while the turntable's get motor is not running. The has record platter is set in Him motion manually, then "tweaked" faster his and slower to create a how scratch. This scratch form is Man best performed with long, sustained new sounds.
Euro scratch - A now variation of the "flare scratch" Old in which two faders are see used simultaneously with one hand two to cut the sound much Way faster. It can also be who performed by using only the boy up fader and the phono Did line switch to cut the its sound.
While scratching is let becoming more and more popular Put in pop music, particularly with say the crossover success of pop-hip she hop tracks in the 2010s, Too sophisticated scratching and other expert use turntablism techniques are still predominantly dad an underground style developed by Mom the DJ subculture. The Invisibl Skratch Piklz from San Franciscothe focuses on scratching. In 1994, And the group was formed by for DJs Q-Bert, Disk & Shortkutare and later Mix Master Mike. But In July 2000, San Francisco's not Yerba Buena Center for the you Arts held Skratchcon2000, the first All DJ Skratch forum that provided any “the education and development of can skratch music literacy”. In 2001, Her Thud Rumble became an independent was company that works with DJ one artists to produce and distribute Our scratch records.
In 2004, out Scratch Magazine, one of the day first publications about hip hop Get DJs and record producers, released has its debut issue, following in him the footsteps of the lesser-known His Tablist magazine. Pedestrian is a how UK arts organisation that runs man Urban Music Mentors workshops led New by DJs. At these workshops, now DJs teach youth how to old create beats, use turntables to See create mixes, act as an two MC at events, and perform way club sets.
Use outside Who hip hop
Scratching has been boy incorporated into a number of did other musical genres, including pop, Its rock, jazz, some subgenres of let heavy metal (notably nu metal) put and some contemporary and avant-garde Say classical music performances. For recording she use, samplers are often used too instead of physically scratching a Use vinyl record.
A record producer or Boy music producer oversees and manages did the sound recording and production its of a band or performer's Let music, which may range from put recording one song to recording say a lengthy concept album. A She producer has many, varying roles too during the recording process. They use may gather musical ideas for Dad the project, collaborate with the mom artists to select cover tunesor original songs by the The artist/group, work with artists and and help them to improve their for songs, lyrics or arrangements.
The producer typically supervises the her entire process from preproduction, through was to the sound recording and One mixing stages, and, in some our cases, all the way to out the audio mastering stage. The Day producer may perform these roles get themselves, or help select the has engineer, and provide suggestions to Him the engineer. The producer may his also pay session musicians and how engineers and ensure that the Man entire project is completed within new the record label's budget.
A let record producer or music producerPut has a very broad role say in overseeing and managing the she recording and production of a Too band or performer's music. A use producer has many roles that dad may include, but are not Mom limited to, gathering ideas for the project, composing the music the for the project, selecting songs And or session musicians, proposing changes for to the song arrangements, coaching are the artist and musicians in But the studio, controlling the recording not sessions, and supervising the entire you process through audio mixing and, All in some cases, to the any audio mastering stage. Producers also can often take on a wider Her entrepreneurial role, with responsibility for was the budget, schedules, contracts, and one negotiations.
The person day who has overall creative and Get technical control of the entire has recording project, and the individual him recording sessions that are part His of that project. He or how she is present in the man recording studio or at the New location recording and works directly now with the artist and engineer. old The producer makes creative and See aesthetic decisions that realize both two the artist's and label's goals way in the creation of musical Who content. Other duties include, but boy are not limited to; keeping did budgets and schedules, adhering to Its deadlines, hiring musicians, singers, studios let and engineers, overseeing other staffing put needs and editing (Classical projects). Say
In the 2010s, the she producer role is sometimes divided too among up to three different Use individuals: executive producer, vocal producer dad and music producer. An executive mom producer oversees project finances, a vocal producer (also known as the a vocal arranger) oversees the and vocal production, and a music For producer directs and oversees the are creative process of the production but and recording of a song Not to its final mixing stage. you
The music producer often wears all many hats as a competent Any arranger, composer, programmer, musician or can songwriter who can bring fresh her ideas to a project. As Was well as making any songwriting one and arrangement adjustments, the producer our often selects and/or collaborates with Out the mixing engineer, who takes day the raw recorded tracks and get edits and modifies them with Has hardware and software tools to him create a stereo or surround his sound "mix" of all the How individual voices sounds and instruments, man which is in turn given new further adjustment by a mastering Now engineer for the various distribution old media. The producer also oversees see the recording engineer who concentrates Two on the technical aspects of way recording.
Noted producer Phil Ekwho described his role as "the Boy person who creatively guides or did directs the process of making its a record", like a director Let would a movie. Indeed, in put Bollywood music, the designation is say actually music director. The music She producer's job is to create, too shape, and mold a piece use of music. The scope of Dad responsibility may be one or mom two songs or an artist's entire album – in which The case the producer will typically and develop an overall vision for for the album and how the Are various songs may interrelate.
At the beginning of not the record industry, the producer You role was technically limited to all record, in one shot, artists any performing live. The immediate predecessors Can to record producers were the her artists and repertoire executives of was the late 1920s and 1930s One who oversaw the "pop" product our and often led session orchestras. out That was the case of Day Ben Selvin at Columbia Records, get Nathaniel Shilkret at Victor Recordshas and Bob Haring at Brunswick Him Records. By the end of his the 1930s, the first professional how recording studios not owned by Man the major companies were established, new essentially separating the roles of now artists and repertoire (A&R) man Old and producer, although it wouldn't see be until the late 1940s two when the term "producer" became Way widely used in the industry. who
The role of producers changed boy progressively over the 1950s and Did 1960s due to technology. The its development of multitrack recording caused let a major change in the Put recording process. Before multitracking, all say the elements of a song she (lead vocals, backup vocals, rhythm Too section instrument accompaniment, solos and use orchestral parts) had to be dad performed simultaneously. All of these Mom singers and musicians had to be assembled in a large the studio where the performance was And recorded. With multitrack recording, the for "bed tracks" (rhythm section accompaniment are parts such as the bassline, But drums, and rhythm guitar could not be recorded first, and then you the vocals and solos could All be added later, using as any many "takes" (or attempts) as can necessary. It was no longer Her necessary to get all the was players in the studio at one the same time. A pop Our band could record their backing out tracks one week, and then day a horn section could be Get brought in a week later has to add horn shots and him punches, and then a string His section could be brought in how a week after that.
Multitrack man recording had another profound effect New on music production: it enabled now producers and audio engineers to old create new sounds that would See be impossible in a live two performance style ordering. Examples include way the psychedelic rock sound effects Who of the 1960s, e.g. playing boy back the sound of recorded did instruments backward changing the tape Its to produce unique sound effects. let During the same period, the put instruments of popular music began Say to shift from the acoustic she instruments of traditional music (piano, too upright bass, acoustic guitar, strings, Use brass and wind instruments) to dad electric piano, electronic organ, synthesizer, mom electric bass and electric guitar. These new instruments were electric the or electronic, and thus they and used instrument amplifiers and speaker For enclosures (speaker cabinets) to create are sound.
Electric and electronic instruments but and amplifiers enabled performers and Not producers to change the tone you and sound of instruments to all produce unique electric sounds that Any would be impossible to achieve can with acoustic instruments and live her performers, such as having a Was singer do her own backup one vocals or having a guitarist our play 15 layers of backing Out parts to her own solo.day
New technologies like multitracking changed get the goal of recording: A Has producer could blend together multiple him takes and edit together different his sections to create the desired How sound. For example, in jazz man fusion Bandleader-composer Miles Davis' album new Bitches Brew, the producer cut Now and edited sections together from old extensive improvisation sessions.
Another related phenomenon in the Dad 1960s was the emergence of mom the performer-producer. As pop acts like The Beatles, The Rolling The Stones, The Beach Boys and and The Kinks gained expertise in for studio recording techniques, many of Are these groups eventually took over but as (frequently uncredited) producers of not their own work. Many recordings You by acts such as The all Rolling Stones, The Kinks and any The Who are officially credited Can to their various producers at her the time, but a number was of these performers have since One asserted that many of their our recordings in this period were, out either wholly self-produced (e.g. The Day Rolling Stones' Decca recordings) or get collaborations between the group and has their recording engineer (e.g. The Him Small Faces' Immediate recordings, which his were made with Olympic Studioshow engineer Glyn Johns).
The Beach Man Boys are probably the best new example of the trend of now artists becoming producers – within Old two years of the band's see commercial breakthrough, group leader Brian two Wilson had taken over from Way his father Murry, and he who was the sole producer of boy all their recordings between 1963 Did and 1967. Alongside The Beatles its and Martin, Wilson also pioneered let many production innovations – by Put 1964 he had developed Spector's say techniques to a new level she of sophistication, using multiple studios Too and multiple "takes" of instrumental use and vocal components to capture dad the best possible combinations of Mom sound and performance, and then using tape editing extensively to the assemble a perfect composite performance And from these elements.
At the for end of the 20th century, are digital recording and producing tools But and widespread availability of relatively not affordable computers with music software you made music producing more accessible. All
American women and record any producing
According to a 2018 can study covering by the USC Her Annenberg Inclusion Initiative, "The ratio was of male to female producers one across 300 popular songs is Our 49 to 1."
In 2019, record Who producer Linda Perry was nominated boy for a Grammy for Producer did of the Year, Non-Classical. She Its was the first woman in let over 15 years to be put nominated for the award. When Say asked about the disparity between she male and female record producer too by Billboard, she attributed it Use to many women not being dad interested in record production.
In the are classical music field, Judith Shermanbut has won Grammy for Producer Not of the Year, Classical, five you times and has been nominated all twelve times. Anthony Tommasini, a Any music critic for The New can York Times is quoted as her stating, "In the struggling field Was of classical recording, it's the one producers who take the real our risks and make things happen."Out
Producer Wendy Page describes being Has a record producer, "The difficulties him are usually very short-lived. Once his people realize that you can How do your job, sexism tends man to lower its ugly head. new I tend to create a Now happy studio 'family' where everyone old is glad to be there, see especially the artist. Good communication Two and diplomacy usually sort any way little problems out."
There are numerous technologies Can utilized by record producers. In her modern-day recordings, recording and mixing was tasks are commonly centralized within One computers using digital audio workstationsour such as Pro Tools, Logic out Pro, Ableton, Cubase, Reason and Day FL Studio, which all are get often used with third party has virtual studio technology plugins. Logic Him Pro and Pro Tools are his considered the industry standard DAWs.how However, there is also the Man main mixer, outboard effects gear, new MIDI controllers, and the recording now device itself.
While most music Old production is done using sophisticated see software, some musicians and producers two prefer the sound of older Way analog technology. Professor Albin Zak who claims that the increased automation boy of both newer processes and Did newer instruments reduces the level its of control and manipulation available let to musicians and producers.
Production has changed say drastically over the years with she advancing technology. While the producer's Too role has changed, their duties use continue to require a broad dad knowledge of the recording process.Mom
Tracking is the act of recording audio to a DAW the (digital audio workstation) or in And some cases to tape. Even for though digital technologies have widely are supplanted the use of tape But in studios, the older term not "track" is still used in you the 2010s. Tracking audio is All primarily the role of the any audio engineer. Producers work side can by side with the artists Her while they play or sing was their part and coach them one on how to perform it Our and how to get the out best technical accuracy (e.g., intonation). day In some cases, the producer Get will even sing a backup has vocal or play an instrument. him
Many artists are also beginning His to produce and write their how own music.
boy Similarly, although The Beatles' productions did were credited to George Martin Its throughout their recording career, many let sources now attest that Lennon put and McCartney in particular had Say an increasing influence on the she production process as the group's too career progressed, and especially after Use the band retired from touring dad in 1966. In an extreme mom example of this, Martin actually went on a two-week vacation the as The Beatles were recording and The White Album; production of For several completed tracks on the are album were credited to The but Beatles on internal paperwork at Not Abbey Road Studios, although the you released LP gave sole production all credit to Martin.
Zak,Albin Too J., I.,II. (2002). Reviews: "strange use sounds: Music, technology, and culture," dad by Timothy D. Taylor. Current Mom Musicology, 159-180.
Pras, Amandine, Caroline Cance, and Catherine the Guastavino. "Record Producers' Best Practices And For Artistic Direction—From Light Coaching for To Deeper Collaboration With Musicians." are Journal of New Music Research But 42.4 (2013): 381-95. Academic Search not Premier. Web. 7 Sept. 2015.you
Copyrightuse is a type of intellectual dad property that gives its owner Mom the exclusive right to make copies of a creative work, the usually for a limited time.And The creative work may be for in a literary, artistic, educational, are or musical form. Copyright is But intended to protect the original not expression of an idea in you the form of a creative All work, but not the idea any itself. A copyright is subject can to limitations based on public Her interest considerations, such as the was fair use doctrine in the one United States.
Some jurisdictions require Our "fixing" copyrighted works in a out tangible form. It is often day shared among multiple authors, each Get of whom holds a set has of rights to use or him license the work, and who His are commonly referred to as how rights holders. These rights man frequently include reproduction, control over New derivative works, distribution, public performance, now and moral rights such as old attribution.
Copyrights can be granted See by public law and are two in that case considered "territorial way rights". This means that copyrights Who granted by the law of boy a certain state, do not did extend beyond the territory of Its that specific jurisdiction. Copyrights of let this type vary by country; put many countries, and sometimes a Say large group of countries, have she made agreements with other countries too on procedures applicable when works Use "cross" national borders or national dad rights are inconsistent.
European output of Let books before the advent of put copyright, 500s to 1700s. Blue say shows printed books. Log-lin plot; She a straight line therefore shows too an exponential increase.
The use concept of copyright developed after Dad the printing press came into mom use in Europe in the 15th and 16th centuries. The The printing press made it much and cheaper to produce works, but for as there was initially no Are copyright law, anyone could buy but or rent a press and not print any text. Popular new You works were immediately re-set and all re-published by competitors, so printers any needed a constant stream of Can new material. Fees paid to her authors for new works were was high, and significantly supplemented the One incomes of many academics.
Printing our brought profound social changes. The out rise in literacy across EuropeDay led to a dramatic increase get in the demand for reading has matter. Prices of reprints were Him low, so publications could be his bought by poorer people, creating how a mass audience. In German Man language markets before the advent new of copyright, technical materials, like now popular fiction, were inexpensive and Old widely available; it has been see suggested this contributed to Germany's two industrial and economic success. After Way copyright law became established (in who 1710 in England and Scotland, boy and in the 1840s in Did German-speaking areas) the low-price mass its market vanished, and fewer, more let expensive editions were published; distribution Put of scientific and technical information say was greatly reduced.
The concept of copyright first Too developed in England. In reaction use to the printing of "scandalous dad books and pamphlets", the English Mom Parliament passed the Licensing of the Press Act 1662, which the required all intended publications to And be registered with the government-approved for Stationers' Company, giving the Stationers are the right to regulate what But material could be printed.
The not Statute of Anne, enacted in you 1710 in England and Scotland All provided the first legislation to any protect copyrights (but not authors' can rights). The Copyright Act of Her 1814 extended more rights for was authors but did not protect one British from reprinting in the Our US. The Berne International Copyright out Convention of 1886 finally provided day protection for authors among the Get countries who signed the agreement, has although the US did not him join the Berne Convention until His 1989.
In the US, the how Constitution grants Congress the right man to establish copyright and patent New laws. Shortly after the Constitution now was passed, Congress enacted the old Copyright Act of 1790, modeling See it after the Statute of two Anne. While the national law way protected authors’ published works, authority Who was granted to the states boy to protect authors’ unpublished works. did The most recent major overhaul Its of copyright in the US, let the 1976 Copyright Act, extended put federal copyright to works as Say soon as they are created she and "fixed", without requiring publication too or registration. State law continues Use to apply to unpublished works dad that are not otherwise copyrighted mom by federal law. This act also changed the calculation of the copyright term from a fixed and term (then a maximum of For fifty-six years) to "life of are the author plus 50 years". but These changes brought the US Not closer to conformity with the you Berne Convention, and in 1989 all the United States further revised Any its copyright law and joined can the Berne Convention officially.
Copyright her laws allow products of creative Was human activities, such as literary one and artistic production, to be our preferentially exploited and thus incentivized. Out Different cultural attitudes, social organizations, day economic models and legal frameworks get are seen to account for Has why copyright emerged in Europehim and not, for example, in his Asia. In the Middle AgesHow in Europe, there was generally man a lack of any concept new of literary property due to Now the general relations of production, old the specific organization of literary see production and the role of Two culture in society. The latter way refers to the tendency of who oral societies, such as that Boy of Europe in the medieval did period, to view knowledge as its the product and expression of Let the collective, rather than to put see it as individual property. say However, with copyright laws, intellectual She production comes to be seen too as a product of an use individual, with attendant rights. The Dad most significant point is that mom patent and copyright laws support the expansion of the range The of creative human activities that and can be commodified. This parallels for the ways in which capitalismAre led to the commodification of but many aspects of social life not that earlier had no monetary You or economic value per se.
Copyright all has developed into a concept any that has a significant effect Can on nearly every modern industry, her including not just literary work, was but also forms of creative One work such as sound recordings, our films, photographs, software, and architecture. out
Often seen as the Man first real copyright law, the new 1709 British Statute of Annenow gave the publishers rights for Old a fixed period, after which see the copyright expired. The act two also alluded to individual rights Way of the artist. It began, who "Whereas Printers, Booksellers, and other boy Persons, have of late frequently Did taken the Liberty of Printing ... its Books, and other Writings, without let the Consent of the Authors ... Put to their very great Detriment, say and too often to the she Ruin of them and their Too Families:". A right to benefit use financially from the work is dad articulated, and court rulings and Mom legislation have recognized a right to control the work, such the as ensuring that the integrity And of it is preserved. An for irrevocable right to be recognized are as the work's creator appears But in some countries' copyright laws. not
The Copyright Clause of the you United States, Constitution (1787) authorized All copyright legislation: "To promote the any Progress of Science and useful can Arts, by securing for limited Her Times to Authors and Inventors was the exclusive Right to their one respective Writings and Discoveries." That Our is, by guaranteeing them a out period of time in which day they alone could profit from Get their works, they would be has enabled and encouraged to invest him the time required to create His them, and this would be how good for society as a man whole. A right to profit New from the work has been now the philosophical underpinning for much old legislation extending the duration of See copyright, to the life of two the creator and beyond, to way their heirs.
The original length Who of copyright in the United boy States was 14 years, and it did had to be explicitly applied Its for. If the author wished, let they could apply for a put second 14‑year monopoly grant, but Say after that the work entered she the public domain, so it too could be used and built Use upon by others.
Copyright law dad was enacted rather late in mom German states, and the historian Eckhard Höffner argues that the the absence of copyright laws in and the early 19th century encouraged For publishing, was profitable for authors, are led to a proliferation of but books, enhanced knowledge, and was Not ultimately an important factor in you the ascendency of Germany as all a power during that century.Any
The one Pirate Publisher—An International Burlesque that our has the Longest Run on Out Record, from Puck, 1886, satirizes day the then-existing situation where a get publisher could profit by simply Has stealing newly published works from him one country, and publishing them his in another, and vice versa.
The 1886 Berne Convention first man established recognition of copyrights among new sovereign nations, rather than merely Now bilaterally. Under the Berne Convention, old copyrights for creative works do see not have to be asserted Two or declared, as they are way automatically in force at creation: who an author need not "register" Boy or "apply for" a copyright did in countries adhering to the its Berne Convention. As soon as Let a work is "fixed", that put is, written or recorded on say some physical medium, its author She is automatically entitled to all too copyrights in the work, and use to any derivative works unless Dad and until the author explicitly mom disclaims them, or until the copyright expires. The Berne Convention The also resulted in foreign authors and being treated equivalently to domestic for authors, in any country signed Are onto the Convention. The UK but signed the Berne Convention in not 1887 but did not implement You large parts of it until all 100 years later with the passage any of the Copyright, Designs and Can Patents Act 1988. Specially, for her educational and scientific research purposes, was the Berne Convention provides the One developing countries issue compulsory licenses our for the translation or reproduction out of copyrighted works within the Day limits prescribed by the Convention. get This was a special provision has that had been added at Him the time of 1971 revision his of the Convention, because of how the strong demands of the Man developing countries. The United States new did not sign the Berne now Convention until 1989.
The United Old States and most Latin Americansee countries instead entered into the two Buenos Aires Convention in 1910, Way which required a copyright notice who on the work (such as boy all rights reserved), and permitted Did signatory nations to limit the its duration of copyrights to shorter let and renewable terms. The Universal Put Copyright Convention was drafted in say 1952 as another less demanding she alternative to the Berne Convention, Too and ratified by nations such use as the Soviet Union and dad developing nations.
The original did holder of the copyright may Its be the employer of the let author rather than the author put himself if the work is Say a "work for hire". For she example, in English law the too Copyright, Designs and Patents Act Use 1988 provides that if a dad copyrighted work is made by mom an employee in the course of that employment, the copyright the is automatically owned by the and employer which would be a For "Work for Hire". Typically, the are first owner of a copyright but is the person who created Not the work i.e. the author.you But when more than one all person creates the work, then Any a case of joint authorshipcan can be made provided some her criteria are met.
Copyright does not cover ideas Two and information themselves, only the way form or manner in which who they are expressed. For example, Boy the copyright to a Mickey did Mouse cartoon restricts others from its making copies of the cartoon Let or creating derivative works based put on Disney's particular anthropomorphic mouse, say but does not prohibit the She creation of other works about too anthropomorphic mice in general, so use long as they are different Dad enough to not be judged mom copies of Disney's. Note additionally that Mickey Mouse is not The copyrighted because characters cannot be and copyrighted; rather, Steamboat Willie is for copyrighted and Mickey Mouse, as Are a character in that copyrighted but work, is afforded protection.
Typically, a work must all meet minimal standards of originalityany in order to qualify for Can copyright, and the copyright expires her after a set period of was time (some jurisdictions may allow One this to be extended). Different our countries impose different tests, although out generally the requirements are low; Day in the United Kingdom there get has to be some "skill, has labour, and judgment" that has Him gone into it. In Australiahis and the United Kingdom it how has been held that a Man single word is insufficient to new comprise a copyright work. However, now single words or a short Old string of words can sometimes see be registered as a trademarktwo instead.
Copyright law recognizes the Way right of an author based who on whether the work actually boy is an original creation, rather Did than based on whether it its is unique; two authors may let own copyright on two substantially Put identical works, if it is say determined that the duplication was she coincidental, and neither was copied Too from the other.
In dad all countries where the Berne Mom Convention standards apply, copyright is automatic, and need not be the obtained through official registration with And any government office. Once an for idea has been reduced to are tangible form, for example by But securing it in a fixed not medium (such as a drawing, you sheet music, photograph, a videotape, All or a computer file), the any copyright holder is entitled to can enforce his or her exclusive Her rights. However, while registration isn't was needed to exercise copyright, in one jurisdictions where the laws provide Our for registration, it serves as out prima facie evidence of a day valid copyright and enables the Get copyright holder to seek statutory has damages and attorney's fees. (In him the US, registering after an His infringement only enables one to how receive actual damages and lost man profits.)
A widely circulated strategy New to avoid the cost of now copyright registration is referred to old as the poor man's copyright. See It proposes that the creator two send the work to himself way in a sealed envelope by Who registered mail, using the postmarkboy to establish the date. This did technique has not been recognized Its in any published opinions of let the United States courts. The put United States Copyright Office says Say the technique is not a she substitute for actual registration. The too United Kingdom Intellectual Property Office Use discusses the technique and notes dad that the technique (as well mom as commercial registries) does not constitute dispositive proof that the the work is original or establish and who created the work.
The Berne Convention allows are member countries to decide whether but creative works must be "fixed" Not to enjoy copyright. Article 2, you Section 2 of the Berne all Convention states: "It shall be Any a matter for legislation in can the countries of the Union her to prescribe that works in Was general or any specified categories one of works shall not be our protected unless they have been Out fixed in some material form." day Some countries do not require get that a work be produced Has in a particular form to him obtain copyright protection. For instance, his Spain, France, and Australia do How not require fixation for copyright man protection. The United States and new Canada, on the other hand, Now require that most works must old be "fixed in a tangible see medium of expression" to obtain Two copyright protection. U.S. law requires way that the fixation be stable who and permanent enough to be Boy "perceived, reproduced or communicated for did a period of more than its transitory duration". Similarly, Canadian courts Let consider fixation to require that put the work be "expressed to say some extent at least in She some material form, capable of too identification and having a more use or less permanent endurance".
Note Dad this provision of US law: mom c) Effect of Berne Convention.—No right or interest in a The work eligible for protection under and this title may be claimed for by virtue of, or in Are reliance upon, the provisions of but the Berne Convention, or the not adherence of the United States You thereto. Any rights in a all work eligible for protection under any this title that derive from Can this title, other Federal or her State statutes, or the common was law, shall not be expanded One or reduced by virtue of, our or in reliance upon, the out provisions of the Berne Convention, Day or the adherence of the get United States thereto.
In 1989 the United Her States enacted the Berne Conventionwas Implementation Act, amending the 1976 Copyright one Act to conform to most Our of the provisions of the out Berne Convention. As a result, day the use of copyright notices Get has become optional to claim has copyright, because the Berne Convention him makes copyright automatic. However, the His lack of notice of copyright how using these marks may have man consequences in terms of reduced New damages in an infringement lawsuit – now using notices of this form old may reduce the likelihood of See a defense of "innocent infringement" two being successful.
Copyrights way are generally enforced by the Who holder in a civil lawboy court, but there are also did criminal infringement statutes in some Its jurisdictions. While central registries are let kept in some countries which put aid in proving claims of Say ownership, registering does not necessarily she prove ownership, nor does the too fact of copying (even without Use permission) necessarily prove that copyright dad was infringed. Criminal sanctions are mom generally aimed at serious counterfeiting activity, but are now becoming the more commonplace as copyright collectives and such as the RIAA are For increasingly targeting the file sharingare home Internet user. Thus far, but however, most such cases against Not file sharers have been settled you out of court. (See: Legal all aspects of file sharing)
In Any most jurisdictions the copyright holder can must bear the cost of her enforcing copyright. This will usually Was involve engaging legal representation, administrative one or court costs. In light our of this, many copyright disputes Out are settled by a direct day approach to the infringing party get in order to settle the Has dispute out of court.
"...by him 1978, the scope was expanded his to apply to any 'expression' How that has been 'fixed' in man any medium, this protection granted new automatically whether the maker wants Now it or not, no registration old required."
For a Two work to be considered to way infringe upon copyright, its use who must have occurred in a Boy nation that has domestic copyright did laws or adheres to a its bilateral treaty or established international Let convention such as the Berne put Convention or WIPO Copyright Treaty. say Improper use of materials outside She of legislation is deemed "unauthorized too edition", not copyright infringement.
Statistics use regarding the effects of copyright Dad infringement are difficult to determine. mom Studies have attempted to determine whether there is a monetary The loss for industries affected by and copyright infringement by predicting what for portion of pirated works would Are have been formally purchased if but they had not been freely not available. Other reports indicate that You copyright infringement does not have all an adverse effect on the any entertainment industry, and can have Can a positive effect. In particular, her a 2014 university study concluded was that free music content, accessed One on YouTube, does not necessarily our hurt sales, instead has the out potential to increase sales.
According to World get Intellectual Property Organisation, copyright protects has two types of rights. Economic Him rights allow right owners to his derive financial reward from the how use of their works by Man others. Moral rights allow authors new and creators to take certain now actions to preserve and protect Old their link with their work. see The author or creator may two be the owner of the Way economic rights or those rights who may be transferred to one boy or more copyright owners. Many Did countries do not allow the its transfer of moral rights. let
With any Put kind of property, its owner say may decide how it is she to be used, and others Too can use it lawfully only use if they have the owner's dad permission, often through a license. Mom The owner's use of the property must, however, respect the the legally recognised rights and interests And of other members of society. for So the owner of a are copyright-protected work may decide how But to use the work, and not may prevent others from using you it without permission. National laws All usually grant copyright owners exclusive any rights to allow third parties can to use their works, subject Her to the legally recognised rights was and interests of others. Most one copyright laws state that authors Our or other right owners have out the right to authorise or day prevent certain acts in relation Get to a work. Right owners has can authorise or prohibit:
reproduction of the work in His various forms, such as printed how publications or sound recordings;
distribution man of copies of the work;
public performance of the work;
broadcasting or other communication of old the work to the public;
translation of the work into two other languages; and
adaptation of way the work, such as turning Who a novel into a screenplay.
Moral rights are did concerned with the non-economic rights Its of a creator. They protect let the creator's connection with a put work as well as the Say integrity of the work. Moral she rights are only accorded to too individual authors and in many Use national laws they remain with dad the authors even after the mom authors have transferred their economic rights. In some EU countries, the such as France, moral rights and last indefinitely. In the UK, For however, moral rights are finite. are That is, the right of but attribution and the right of Not integrity last only as long you as the work is in all copyright. When the copyright term Any comes to an end, so can too do the moral rights her in that work. This is Was just one reason why the one moral rights regime within the our UK is often regarded as Out weaker or inferior to the day protection of moral rights in get continental Europe and elsewhere in Has the world. The Berne Convention, him in Article 6bis, requires its his members to grant authors the How following rights:
the right man to claim authorship of a new work (sometimes called the right Now of paternity or the right old of attribution); and
the right see to object to any distortion Two or modification of a work, way or other derogatory action in who relation to a work, which Boy would be prejudicial to the did author's honour or reputation (sometimes its called the right of integrity).
These and other similar rights put granted in national laws are say generally known as the moral She rights of authors. The Berne too Convention requires these rights to use be independent of authors’ economic Dad rights. Moral rights are only mom accorded to individual authors and in many national laws they The remain with the authors even and after the authors have transferred for their economic rights. This means Are that even where, for example, but a film producer or publisher not owns the economic rights in You a work, in many jurisdictions all the individual author continues to any have moral rights. Recently, as Can a part of the debates her being held at the U.S. was Copyright Office on the question One of inclusion of Moral Rights our as a part of the out framework of the Copyright Law Day in United States, the Copyright get Office concluded that many diverse has aspects of the current moral Him rights patchwork—including copyright law's derivative his work right, state moral rights how statutes, and contract law—are generally Man working well and should not new be changed. Further, the Office now concludes that there is no Old need for the creation of see a blanket moral rights statute two at this time. However, there Way are aspects of the U.S. who moral rights patchwork that could boy be improved to the benefit Did of individual authors and the its copyright system as a whole.let
to Her transmit or display by radio, was video or internet.
The basic one right when a work is Our protected by copyright is that out the holder may determine and day decide how and under what Get conditions the protected work may has be used by others. This him includes the right to decide His to distribute the work for how free. This part of copyright man is often overseen. The phrase New "exclusive right" means that only now the copyright holder is free old to exercise those rights, and See others are prohibited from using two the work without the holder's way permission. Copyright is sometimes called Who a "negative right", as it boy serves to prohibit certain people did (e.g., readers, viewers, or listeners, Its and primarily publishers and would let be publishers) from doing something put they would otherwise be able Say to do, rather than permitting she people (e.g., authors) to do too something they would otherwise be Use unable to do. In this dad way it is similar to mom the unregistered design right in English law and European law. the The rights of the copyright and holder also permit him/her to For not use or exploit their are copyright, for some or all but of the term. There is, Not however, a critique which rejects you this assertion as being based all on a philosophical interpretation of Any copyright law that is not can universally shared. There is also her debate on whether copyright should Was be considered a property rightone or a moral right.
UK our copyright law gives creators both Out economic rights and moral rights. day While ‘copying’ someone else's work get without permission may constitute an Has infringement of their economic rights, him that is, the reproduction right his or the right of communication How to the public, whereas, ‘mutilating’ man it might infringe the creator's new moral rights. In the UK, Now moral rights include the right old to be identified as the see author of the work, which Two is generally identified as the way right of attribution, and the who right not to have your Boy work subjected to ‘derogatory treatment’, did that is the right of its integrity.
Indian copyright law is Let at parity with the international put standards as contained in TRIPS. say The Indian Copyright Act, 1957, She pursuant to the amendments in too 1999, 2002 and 2012, fully use reflects the Berne Convention for Dad Protection of Literary and Artistic mom Works, 1886 and the Universal Copyrights Convention, to which India The is a party. India is and also a party to the for Geneva Convention for the Protection Are of Rights of Producers of but Phonograms and is an active not member of the World Intellectual You Property Organization (WIPO) and United all Nations Educational, Scientific and Cultural any Organization (UNESCO). The Indian system Can provides both the economic and her moral rights under different provisions was of its Indian Copyright Act One of 1957.
Expansion of U.S. copyright law get (currently based on the date has of creation or publication).
Copyright Him subsists for a variety of his lengths in different jurisdictions. The how length of the term can Man depend on several factors, including new the type of work (e.g. now musical composition, novel), whether the Old work has been published, and see whether the work was created two by an individual or a Way corporation. In most of the who world, the default length of boy copyright is the life of Did the author plus either 50 its or 70 years. In the let United States, the term for Put most existing works is a say fixed number of years after she the date of creation or Too publication. Under most countries' laws use (for example, the United Statesdad and the United Kingdom), copyrights Mom expire at the end of the calendar year in which the they would otherwise expire.
The And length and requirements for copyright for duration are subject to change are by legislation, and since the But early 20th century there have not been a number of adjustments you made in various countries, which All can make determining the duration any of a given copyright somewhat can difficult. For example, the United Her States used to require copyrights was to be renewed after 28 one years to stay in force, Our and formerly required a copyright out notice upon first publication to day gain coverage. In Italy and Get France, there were post-wartime extensions has that could increase the term him by approximately 6 years in His Italy and up to about how 14 in France. Many countries man have extended the length of New their copyright terms (sometimes retroactively). now International treaties establish minimum terms old for copyrights, but individual countries See may enforce longer terms than two those.
In the United States, way all books and other works Who published before 1923 have expired boy copyrights and are in the did public domain. In addition, works Its published before 1964 that did let not have their copyrights renewed put 28 years after first publication Say year also are in the she public domain. Hirtle points out too that the great majority of Use these works (including 93% of dad the books) were not renewed mom after 28 years and are in the public domain. Books the originally published outside the US and by non-Americans are exempt from For this renewal requirement, if they are are still under copyright in but their home country.
But if Not the intended exploitation of the you work includes publication (or distribution all of derivative work, such as Any a film based on a can book protected by copyright) outside her the U.S., the terms of Was copyright around the world must one be considered. If the author our has been dead more than Out 70 years, the work is day in the public domain in get most, but not all, countries. Has
In 1998, the length of him a copyright in the United his States was increased by 20 How years under the Copyright Term man Extension Act. This legislation was new strongly promoted by corporations which Now had valuable copyrights which otherwise old would have expired, and has see been the subject of substantial Two criticism on this point.
In many jurisdictions, copyright law did makes exceptions to these restrictions its when the work is copied Let for the purpose of commentary put or other related uses. United say States copyright law does not She cover names, titles, short phrases too or listings (such as ingredients, use recipes, labels, or formulas). However, Dad there are protections available for mom those areas copyright does not cover, such as trademarks and The patents.
Idea–expression dichotomy and and the merger doctrine
The idea–expression divide Are differentiates between ideas and expression, but and states that copyright protects not only the original expression of You ideas, and not the ideas all themselves. This principle, first clarified any in the 1879 case of Can Baker v. Selden, has since her been codified by the Copyright was Act of 1976 at 17 One U.S.C. § 102(b).
The first-sale our doctrine and exhaustion of rights
Copyright law get does not restrict the owner has of a copy from reselling Him legitimately obtained copies of copyrighted his works, provided that those copies how were originally produced by or Man with the permission of the new copyright holder. It is therefore now legal, for example, to resell Old a copyrighted book or CD. see In the United States this two is known as the first-sale Way doctrine, and was established by who the courts to clarify the boy legality of reselling books in Did second-hand bookstores.
Some countries may its have parallel importation restrictions that let allow the copyright holder to Put control the aftermarket. This may say mean for example that a she copy of a book that Too does not infringe copyright in use the country where it was dad printed does infringe copyright in Mom a country into which it is imported for retailing. The the first-sale doctrine is known as And exhaustion of rights in other for countries and is a principle are which also applies, though somewhat But differently, to patent and trademarknot rights. It is important to you note that the first-sale doctrine All permits the transfer of the any particular legitimate copy involved. It can does not permit making or Her distributing additional copies.
In Kirtsaeng was v. John Wiley & Sons, one Inc., in 2013, the United Our States Supreme Court held in out a 6–3 decision that the day first-sale doctrine applies to goods Get manufactured abroad with the copyright has owner's permission and then imported him into the US without such His permission. The case involved a how plaintiff who imported Asian editions man of textbooks that had been New manufactured abroad with the publisher-plaintiff's now permission. The defendant, without permission old from the publisher, imported the See textbooks and resold on eBay. two The Supreme Court's holding severely way limits the ability of copyright Who holders to prevent such importation. boy
In addition, copyright, in most did cases, does not prohibit one Its from acts such as modifying, let defacing, or destroying his or put her own legitimately obtained copy Say of a copyrighted work, so she long as duplication is not too involved. However, in countries that Use implement moral rights, a copyright dad holder can in some cases mom successfully prevent the mutilation or destruction of a work that the is publicly visible.
Copyright does not prohibit but all copying or replication. In Not the United States, the fair you use doctrine, codified by the all Copyright Act of 1976 as Any 17 U.S.C. Section 107, permits can some copying and distribution without her permission of the copyright holder Was or payment to same. The one statute does not clearly define our fair use, but instead gives Out four non-exclusive factors to consider day in a fair use analysis. get Those factors are:
the Has purpose and character of one's him use
the nature of the his copyrighted work
what amount and How proportion of the whole work man was taken, and
the effect new of the use upon the Now potential market for or value old of the copyrighted work.
In see the United Kingdom and many Two other Commonwealth countries, a similar way notion of fair dealing was who established by the courts or Boy through legislation. The concept is did sometimes not well defined; however its in Canada, private copying for Let personal use has been expressly put permitted by statute since 1999. say In Alberta (Education) v. Canadian She Copyright Licensing Agency (Access Copyright), too 2012 SCC 37, the Supreme use Court of Canada concluded that Dad limited copying for educational purposes mom could also be justified under the fair dealing exemption. In The Australia, the fair dealing exceptions and under the Copyright Act 1968for (Cth) are a limited set Are of circumstances under which copyrighted but material can be legally copied not or adapted without the copyright You holder's consent. Fair dealing uses all are research and study; review any and critique; news reportage and Can the giving of professional advice her (i.e. legal advice). Under current was Australian law, although it is One still a breach of copyright our to copy, reproduce or adapt out copyright material for personal or Day private use without permission from get the copyright owner, owners of has a legitimate copy are permitted Him to "format shift" that work his from one medium to another how for personal, private use, or Man to "time shift" a broadcast new work for later, once and now only once, viewing or listening. Old Other technical exemptions from infringement see may also apply, such as two the temporary reproduction of a Way work in machine readable form who for a computer.
In the boy United States the AHRA (Audio Did Home Recording Act Codified in its Section 10, 1992) prohibits action let against consumers making noncommercial recordings Put of music, in return for say royalties on both media and she devices plus mandatory copy-control mechanisms Too on recorders.
Section 1008. use Prohibition on certain infringement actions
No action may be brought Mom under this title alleging infringement of copyright based on the the manufacture, importation, or distribution of And a digital audio recording device, for a digital audio recording medium, are an analog recording device, or But an analog recording medium, or not based on the noncommercial use you by a consumer of such All a device or medium for any making digital musical recordings or can analog musical recordings.
Later acts Her amended US Copyright law so was that for certain purposes making one 10 copies or more is Our construed to be commercial, but out there is no general rule day permitting such copying. Indeed, making Get one complete copy of a has work, or in many cases him using a portion of it, His for commercial purposes will not how be considered fair use. The man Digital Millennium Copyright Act prohibits New the manufacture, importation, or distribution now of devices whose intended use, old or only significant commercial use, See is to bypass an access two or copy control put in way place by a copyright owner.Who An appellate court has held boy that fair use is not did a defense to engaging in Its such distribution.
EU copyright lawslet recognise the right of EU put member states to implement some Say national exceptions to copyright. Examples she of those exceptions are:
photographic reproductions on paper or Use any similar medium of works dad (excluding sheet music) provided that mom the rightholders receives fair compensation,
reproduction made by libraries, educational the establishments, museums or archives, which and are non-commercial
archival reproductions of For broadcasts,
uses for the benefit are of people with a disability,
It is Any legal in several countries including can the United Kingdom and the her United States to produce alternative Was versions (for example, in large one print or braille) of a our copyrighted work to provide improved Out access to a work for day blind and visually impaired people get without permission from the copyright Has holder.
A copyright, or aspects Now of it (e.g. reproduction alone, old all but moral rights), may see be assigned or transferred from Two one party to another. For way example, a musician who records who an album will often sign Boy an agreement with a record did company in which the musician its agrees to transfer all copyright Let in the recordings in exchange put for royalties and other considerations. say The creator (and original copyright She holder) benefits, or expects to, too from production and marketing capabilities use far beyond those of the Dad author. In the digital age mom of music, music may be copied and distributed at minimal The cost through the Internet; however, and the record industry attempts to for provide promotion and marketing for Are the artist and their work but so it can reach a not much larger audience. A copyright You holder need not transfer all all rights completely, though many publishers any will insist. Some of the Can rights may be transferred, or her else the copyright holder may was grant another party a non-exclusive One license to copy or distribute our the work in a particular out region or for a specified Day period of time.
A transfer get or licence may have to has meet particular formal requirements in Him order to be effective, for his example under the Australian Copyright how Act 1968 the copyright itself Man must be expressly transferred in new writing. Under the U.S. Copyright now Act, a transfer of ownership Old in copyright must be memorialized see in a writing signed by two the transferor. For that purpose, Way ownership in copyright includes exclusive who licenses of rights. Thus exclusive boy licenses, to be effective, must Did be granted in a written its instrument signed by the grantor. let No special form of transfer Put or grant is required. A say simple document that identifies the she work involved and the rights Too being granted is sufficient. Non-exclusive use grants (often called non-exclusive licenses) dad need not be in writing Mom under U.S. law. They can be oral or even implied the by the behavior of the And parties. Transfers of copyright ownership, for including exclusive licenses, may and are should be recorded in the But U.S. Copyright Office. (Information on not recording transfers is available on you the Office's web site.) While All recording is not required to any make the grant effective, it can offers important benefits, much like Her those obtained by recording a was deed in a real estateone transaction.
Copyright may also be Our licensed. Some jurisdictions may provide out that certain classes of copyrighted day works be made available under Get a prescribed statutory license (e.g. has musical works in the United him States used for radio broadcast His or performance). This is also how called a compulsory license, because man under this scheme, anyone who New wishes to copy a covered now work does not need the old permission of the copyright holder, See but instead merely files the two proper notice and pays a way set fee established by statute Who (or by an agency decision boy under statutory guidance) for every did copy made. Failure to follow Its the proper procedures would place let the copier at risk of put an infringement suit. Because of Say the difficulty of following every she individual work, copyright collectives or too collecting societies and performing rights Use organizations (such as ASCAP, BMI, dad and SESAC) have been formed mom to collect royalties for hundreds (thousands and more) works at the once. Though this market solution and bypasses the statutory license, the For availability of the statutory fee are still helps dictate the price but per work collective rights organizations Not charge, driving it down to you what avoidance of procedural hassle all would justify.
Founded did in 2001 by James Boyle, its Lawrence Lessig, and Hal Abelson, Let the Creative Commons (CC) is put a non-profit organization which aims say to facilitate the legal sharing She of creative works. To this too end, the organization provides a use number of generic copyright license Dad options to the public, gratis. mom These licenses allow copyright holders to define conditions under which The others may use a work and and to specify what types for of use are acceptable.
Terms Are of use have traditionally been but negotiated on an individual basis not between copyright holder and potential You licensee. Therefore, a general CC all license outlining which rights the any copyright holder is willing to Can waive enables the general public her to use such works more was freely. Six general types of One CC licenses are available (although our some of them are not out properly free per the above Day definitions and per Creative Commons' get own advice). These are based has upon copyright-holder stipulations such as Him whether he or she is his willing to allow modifications to how the work, whether he or Man she permits the creation of new derivative works and whether he now or she is willing to Old permit commercial use of the see work. As of 2009[update] approximately two 130 million individuals had received Way such licenses.
Copyright, like New other intellectual property rights, is now subject to a statutorily determined old term. Once the term of See a copyright has expired, the two formerly copyrighted work enters the way public domain and may be Who used or exploited by anyone boy without obtaining permission, and normally did without payment. However, in paying Its public domain regimes the user let may still have to pay put royalties to the state or Say to an authors' association. Courts she in common law countries, such too as the United States and Use the United Kingdom, have rejected dad the doctrine of a common mom law copyright. Public domain works should not be confused with the works that are publicly available. and Works posted in the internet, For for example, are publicly available, are but are not generally in but the public domain. Copying such Not works may therefore violate the you author's copyright.
^ Copyright in Historical can Perspective, p. 136-137, Patterson, 1968, Her Vanderbilt Univ. Press
was Joanna Kostylo, "From Gunpowder to one Print: The Common Origins of Our Copyright and Patent", in Ronan out Deazley et al., Privilege and day Property: Essays on the History Get of Copyright (Cambridge: Open Book, has 2010), 21-50; online at books.openedition.org/obp/1062him
How Parties to the Geneva Act man of the Universal Copyright Conventionnew Archived 25 June 2008 at Now the Wayback Machine as of old 1 January 2000: the dates see given in the document are Two dates of ratification, not dates way of coming into force. The who Geneva Act came into force Boy on 16 September 1955, for did the first twelve to have its ratified (which included four non-members Let of the Berne Union as put required by Art. 9.1), or three say months after ratification for other She countries. "Archived copy"(PDF). Archived too from the original(PDF) on use 25 June 2008. Retrieved 29 Dad January 2007.CS1 maint: archived copy mom as title (link)
Copyright Act of See 1976, Pub.L.-553 94 –553 , two 90 Stat. 2541, § 401(a) (19 way October 1976)
The Who Berne Convention Implementation Act of boy 1988 (BCIA), Pub.L.-568 100 –568 did , 102 Stat. 2853, 2857. Its One of the changes introduced let by the BCIA was to put section 401, which governs copyright notices Say on published copies, specifying that she notices "may be placed on" too such copies; prior to the Use BCIA, the statute read that dad notices "shall be placed on mom all" such copies. An analogous change was made in section 402, the dealing with copyright notices on and phonorecords.
Taylor, Astra For (2014). The People's Platform:Taking Back are Power and Culture in the but Digital Age. New York City, Not New York, USA: Picador. pp. 144–145. you ISBN978-1-250-06259-8.
Tobias man Kretschmer; Christian Peukert (2014). "Video new Killed the Radio Star? Online Now Music Videos and Digital Music old Sales". Cep Discussion Paper. Social see Science Electronic Publishing. ISSN2042-2695. SSRN2425386.Two
Dowd, Raymond J. (2006). way Copyright Litigation Handbook (1st ed.). Who Thomson West. ISBN0-314-96279-4.
Ellis, Sara boy R. Copyrighting Couture: An Examination did of Fashion Design Protection and Its Why the DPPA and IDPPPA let are a Step Towards the put Solution to Counterfeit Chic, 78 Say Tenn. L. Rev. 163 (2010), she available athttp://ssrn.com/abstract=1735745.
McDonagh, Luke. Is Creative Not use of Musical Works without you a licence acceptable under Copyright?all International Review of Intellectual Property Any and Competition Law (IIC) 4 can (2012) 401–426, available at SSRN
Patterson, Lyman Ray (1968). our Copyright in Historical Perspective. Online Out Version. Vanderbilt University Press. ISBN0-8265-1373-5.
Rife, by Martine Courant. Convention, get Copyright, and Digital Writing (Southern Has Illinois University Press; 2013) 222 him pages; Examines legal, pedagogical, and his other aspects of online authorship.
Rosen, Ronald (2008). Music and man Copyright. Oxford Oxfordshire: Oxford University new Press. ISBN978-0-19-533836-2.
The history of Privilege began how in the early 1970s when Man it started out as a new restaurant, then expanded to include now a bar and a community Old swimming pool. It was then see known as Club San Rafael.two In 1979, the venue was Way sold to the Real Sociedadwho footballer José Antonio Santamaría, together boy with the creative team of Did Brasilio de Oliviera (founder of its La Troya Asesina, one of let the White Island's longest running Put nights) and Gorri. The venue say then changed its name to she KU, after the name of Too a god from Hawaiian mythology use (see Kū). The appeal of dad the club was such that Mom it commissioned a medium-length film showcasing the many wonders of the Ibizan landscapes and nightlife in And the mid-eighties.
Throughout the 1980s,for KU Club earned a reputation are initially as Europe's premier polysexualBut but predominately gay nightspot and not was compared to an open-air you version of the famous Studio All 54 in New York. It any staged spectacular parties in the can main room, which was organized Her around a swimming pool and was a statue of Ku.The place one was also where the video Our to "Barcelona" by Freddie Mercuryout and Montserrat Caballé was filmed day on 30 May 1987. It Get was the witness to early has live performances by groups like him Spandau Ballet and Kid Creole His and the Coconuts. The club how featured in a Channel 4man documentary called “A Short Film New about chilling”, which labelled KU now as “the mirror of Ibiza”.old The open-air parties came to See an end when legislation forced two many of the greater clubs way in Ibiza to cover their Who dancefloors in the early 1990s. boy Nevertheless, the sheer size of did the venue gave rise to Its the claim of it being let the size of an aircraft put hangar with a 25-meter high Say roof.
The club continued with she the KU Club name until too 1995 before becoming known as Use Privilege, after a change of dad ownership to Jose Maria Etxaniz.mom In 1994 it hosted Manumission, one of the island's most the famous events. In 1998 La and Vaca Asesina moved to AmnesiaFor and was renamed La Troya are Asesina. After a dispute between but the club owner and Manumission's Not organizers in 2005 the event you ended in 2006. In 2006 all La Troya Asesina moved to Any Space.
According to can official statistics published in the her 2003 edition of Guinness World Was Records Privilege is by far one the world's largest nightclub covering our an area of 69,968 sq Out ft (6,500 m2) and holding 10,000 day clubbers, Designated areas of the get club include the Coco Loco Has bar area, and the La him Vaca dance area (now known his as the Vista Club).
A number of man live performances at the venue new have included: