Principles of Copyright Law – Cases and Materials

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  1. TRANSLATIONS



  • The copyright owner has the exclusive right to translate the work

  • Conversion between a computer program’s source and object
    codes may sometimes be considered a translation, especially
    if so prescribed by legislation



  1. THE ADAPTATION RIGHT



  • A version that is abridged or supplemented may still fall within
    the adaptation right

  • The adaptation right may not extend to mere ideas taken from
    the source work

  • The adaptation right applies only where the source work is
    changed in some manner



  1. PUBLIC PERFORMANCE RIGHT



  • A private performance does not infringe copyright

  • A public performance may occur in a private club, even if the
    audience pays no admission charge

  • The public performance right may be infringed even if the
    unauthorized performance benefits the author

  • The public performance right is distinct from the reproduction
    right or any other right. A person who is entitled to perform a
    work in public is not automatically entitled to record the
    performance

  • A public performance may occur even if the public is present in
    different places at the same time

  • A performance to persons, one at a time at different times, may
    nevertheless be a public performance



  1. PUBLIC COMMUNICATION RIGHT



  • Providing music to telephone users while they are put “on hold”
    may be a public communication

  • Uplinking or downlinking a work via a satellite for distribution
    to subscribers may be a public performance or public
    communication
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