Tabberone is pronounced tab ber won not tay ber own

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What is a Copyright?

A copyright is protection afforded an idea. This idea can be in the form of a book, a poem, a drawing or painting, a song or a melody, or a computer program. A copyright doesn't cover everything. You cannot copyright an elephant but you can copyright a stylized drawing of an elephant. You cannot copyright a word but you can copyright the unique manner in which that word is presented. The word "YANKEES" in gothic lettering is a copyright of Major League Baseball. Copyright law, like trademark law, grants a lot of exclusive rights to the holder of the copyright. It also states specific exceptions. The First Sale Doctrine is an important part of trademark law. Without it, owning something would be very messy. The First Sale Doctrine says that once the owner of a copyrighted item sells it, or gives it away, the owner can no longer control what is doen with the item. If that were not the case, you could not repaint your old car, have a garage sale to get rid of junk, or donate that old computer to the school. The First Sale Doctrine prevents the copyright owner from interferring with your use, alteration, and subsequent disposal of something you bought or received as a present. Suppose you purchased a coloring book manufactured by Disney and your child colored a picture making the Lion King purple. Should Disney have the right to have you arrested because your child didn't use the correct colors? No. They lost control of that coloring book when you bought it. What is a Derivative? There is a tricky exception. And the lawyers love to use the "derivative" word. A derivative is when you take a copyrighted item and alter it, or transform it, into something original using the copyrighted material. But, the changed copyrighted item must be original enough to get its own copyright to be a derivative. Confused? So are the courts. One case in the 9th Circuit ruled that the simple act of mounting greeting cards onto a tile and covering it with epoxy was a derivative and therefore belonged to the original owner. Most courts place a higher standard on "originality". A two-dimensional cartoon character cannot be made into a three-dimensional costume without the consent of the copyright holder. The costume is a derivative of the copyrighted cartoon. But copyrighted fabric bearing the image of the cartoon character can be made into a costume.