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What is the "Subject Matter of Copyright Law"?. Works of Authorship. Exclusion of Copyright Protection (ideas, procedure, process, systems, method of operation, etc. #4

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ggmarmolalioto opened this issue Mar 20, 2019 · 0 comments

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ggmarmolalioto commented Mar 20, 2019

US Copyright Law

Section 102, US Code Title 17 defines the "Subject matter of copyright" establishing in subsection a) the following: General. (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphics, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.
In subsection b) is regulated about the exclusion of copyright protection for ideas, procedure, etc, establishing to this respect that: (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work

Argentine Copyright Law

Section 1, Copyright Law 11.723 establishes the following: Article 1 - For the purposes of this law, scientific, literary and artistic works shall comprise writings of all types and scope, and include source and object computer programs; compilations of data or other materials; dramatic works, musical compositions and dramatico-musical works; cinematographic, choreographic and pantomime works; works of drawing, painting, sculpture and architecture; models and works of art or science applied to trade or industry; printed matter, plans and maps; plastics, photographs, recordings and phonograms; and finally any scientific, literary, artistic or didactic production, irrespective of its reproduction procedure. Copyright protection shall cover the expression of ideas, procedures, methods of operation and mathematical concepts, but not those ideas, procedures, methods, and concepts per se. Furthermore, and despite the enumeration given by article 1, there are further sections in the Copyright Law 11.723 that refer to protected works, such as article 10 (collections, anthologies), section 25 and 26 (translations and parodies), section 27 (conferences, political speeches, literal speeches, parliamentary speeches).

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