COMM 4024 Study Guide - Midterm Guide: Federal Trade Commission Act Of 1914, Antonin Scalia, Commercial Speech

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Congress shall promote the progress of sciences and the arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. Is any work fixed in any tangible medium of expression from which it can be perceived, reproduced, or otherwise communicated. Including all printed materials, plays, music, sculptures, photographs, drawings, graphics. (cid:1) (cid:1) (cid:1) Belongs to the author for life, plus another 70 years. Unless the work is a work for hire, that is, 1. It is prepared by an employee in the scope of employment, or 2. The rights of the author (whoever the creator was) If anyone else does these things, there may be a lawsuit (cid:1) If no direct evidence, the plaintiff can prove the case by circumstantial evidence. i. e. that the defendant had access to the work: that there is substantial similarity between the two works in question (cid:1)