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Q: U.S copyright material from China. ( Answered 2 out of 5 stars,   0 Comments )
Question  
Subject: U.S copyright material from China.
Category: Business and Money > Advertising and Marketing
Asked by: joust731-ga
List Price: $10.00
Posted: 10 Feb 2005 13:08 PST
Expires: 12 Mar 2005 13:08 PST
Question ID: 472479
If a U.S company purchased a brochure created for them from a design
company in China and also printed there. This brochure contains
copyrighted materials from the U.S, such as images of home interior
kitchens and bathrooms. What degree of copyright infrigement does the
U.S company face if they purchase and use this service/brochure for
business purposes?
Answer  
Subject: Re: U.S copyright material from China.
Answered By: wonko-ga on 10 Feb 2005 13:26 PST
Rated:2 out of 5 stars
 
What the business would be using is classified as a derivative work
derived from the copyrighted materials.  Preparation of a derivative
work from copyrighted material is only allowable if the owner of the
copyright has given permission.  Otherwise, the business can be sued
in Federal District Court by the copyright holder for copyright
infringement.  The situation you describe would not appear to fall
under Fair Use.

Sincerely,

Wonko

"DERIVATIVE WORKS
A 'derivative work,' that is, a work that is based on (or derived
from) one or more already existing works, is copyrightable if it
includes what the copyright law calls an 'original work of
authorship.' Derivative works, also known as 'new versions,' include
such works as translations, musical arrangements, dramatizations,
fictionalizations, art reproductions, and condensations. Any work in
which the editorial revisions, annotations, elaborations, or other
modifications represent, as a whole, an original work of authorship is
a 'derivative work' or 'new version.'

A typical example of a derivative work received for registration in
the Copyright Office is one that is primarily a new work but
incorporates some previously published material. This previously
published material makes the work a derivative work under the
copyright law."

"WHO MAY PREPARE A DERIVATIVE WORK?
Only the owner of copyright in a work has the right to prepare, or to
authorize someone else to create, a new version of that work. The
owner is generally the author or someone who has obtained rights from
the author."

"Copyright Registration for Derivative Works" US Copyright Office
http://www.copyright.gov/circs/circ14.html

"How much do I have to change in order to claim copyright in someone else's work?
Only the owner of copyright in a work has the right to prepare, or to
authorize someone else to create, a new version of that work.
Accordingly, you cannot claim copyright to another's work, no matter
how much you change it, unless you have the owner's consent. See
Circular 14, Copyright Registration for Derivative Works.

Somebody infringed my copyright. What can I do?
A party may seek to protect his or her copyrights against unauthorized
use by filing a civil lawsuit in federal district court. If you
believe that your copyright has been infringed, consult an attorney.
In cases of willful infringement for profit, the U.S. Attorney may
initiate a criminal investigation.

Could I be sued for using somebody else's work? How about quotes or samples?
If you use a copyrighted work without authorization, the owner may be
entitled to bring an infringement action against you. There are
circumstances under the fair use doctrine where a quote or a sample
may be used without permission. However, in cases of doubt, the
Copyright Office recommends that permission be obtained. "

"Can I Use Someone Else?s Work? Can Someone Else Use Mine?" U.S.
Copyright Office http://www.copyright.gov/help/faq/faq-fairuse.html
joust731-ga rated this answer:2 out of 5 stars
What i want to understand is if that the U.S company would be liable
since it was purchased (unknowingly) and in addition from a foreign
country.

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