Copyright & Legal Terms

Copyright & Legal Terms is your central glossary that defines and explains key copyright and legal concepts for content creators, musicians, podcasters, video producers, streamers, and anyone working with music or media online. It provides clear definitions of concepts like Safe Harbor, DMCA takedowns, Fair Use, DRM, Derivative Works, Joint Ownership, Berne Convention, licensing agreements, and infringement claims.

Each entry delivers a concise definition, why it matters, who it serves, and how it shapes your publishing, licensing, and protection of audio and video content. You’ll get practical tips on securing permissions, avoiding takedowns, resolving disputes, and staying compliant with treaties, collective societies, and platform rules.

DMCA / Safe-Harbor

Takedown Notice – A formal request demanding the removal of infringing content.

CMI Removal – Stripping copyright-management information (watermarks, metadata) in a way the DMCA forbids.

Counter-Notice – A sworn statement asking a platform to restore content that was wrongly taken down.

DMCA – U.S. law that defines takedown, safe-harbor, and CMI-removal rules for online content.

DMCA Agent – The designated contact a site lists so the takedown notices reach the right person.

Online Liability Limitation – Safe-harbor provisions shielding ISPs when they promptly remove infringing material.

Qualified Claim – A DMCA notice that meets statutory accuracy requirements and includes sworn statements.

Repeat Offender – ISPs must terminate persistent infringers to maintain liability protection.

Safe Harbor – Shields online services from liability if they remove infringing content upon notice.

DRM & Anti-Circumvention

DRM – Technical locks that control copying and playback, protected by DMCA §1201.

DRM Circumvention – Bypassing copy-protection measures, typically illegal unless a DMCA exemption applies.

DRM Exemption – Temporary carve-out granted by the Library of Congress (e.g., to preserve abandoned games).

DRM Lock – The encrypted wrapper itself, preventing unauthorized playback or ripping.

WIPO Implementation (DMCA Title I) – U.S. amendments that added anti-circumvention rules and CMI protections.

Fair Use & Other Exceptions

Educational Use – U.S. §110 exceptions let teachers perform works publicly in face-to-face teaching.

Ephemeral Recording – Broadcasters may make a 30-day holding copy solely to facilitate scheduled transmission.

Fair Use – U.S. four-factor test that can excuse limited, transformative copying.

Library Preservation Copy – Section 108 lets libraries digitize at-risk media for onsite access and archival stability.

Market Impact Factor – Fair-use test asking whether the unlicensed excerpt undercuts the original’s revenue.

Miscellaneous Exceptions – Catch-all statutory carve-outs such as governmental uses and certain restoration copies.

Nature Factor – Fair-use element weighing whether the source is published, factual, or highly creative.

Purpose Factor – Fair-use element judging whether the new work is transformative or commercial.

Amount Factor – The fair-use test that weighs how much of a work you quoted relative to the whole.

TEACH Act – Allows streaming of limited copyrighted works in accredited online coursework.

Infringement & Enforcement

Copyright Claims – Assertions that uploaded content uses protected material without permission.

Copyright Dispute – Occurs when two parties assert conflicting ownership or licensing claims.

Indirect Infringement – Liability for facilitating or profiting from someone else’s direct violation.

Infringement – Unauthorized exercise of exclusive rights such as reproduction or public performance.

Infringement Claim – Formal notice alleging unlicensed use; starts negotiation or litigation.

Injunctive Relief – Court order forcing a defendant to stop exploiting the infringing work immediately.

Intellectual Property Disputes – May move to ADR like mediation to avoid costly litigation.

IP Violations – Platforms deploy automated filters to limit such breaches.

Secondary Liability – Responsibility for aiding, inducing, or profiting from someone else’s infringement.

Statutory Damages – Court-set sums (up to $150 000 per work) awarded without proving actual harm.

Alleged Infringement – A claim that someone used protected content without permission, triggering takedown or court action.

Licensing & Ownership

Platform Terms of Service – Breach can result in channel termination and loss of accrued revenue.

CC0 License – A voluntary rights waiver that courts treat like a global dedication to the public domain.

CC BY-NC-ND License – Combines moral-rights style integrity (“No Derivatives”) with a strict non-commercial clause.

Creative Commons – Built on existing copyright law; it simplifies permission rather than replacing it.

Derivative Work – A new creation based on an existing piece that still needs the original rightsholder’s permission.

EULA – The contract that dictates how buyers may install, copy, or resell software and sample packs.

Heirs – Family members who inherit copyrights when the author dies, subject to renewal rules.

Holder of Rights – Must be named on licenses and royalty statements to validate downstream usage.

Hybrid Licensing (Software) – Lets vendors monetize proprietary add-ons while community code remains GPL.

Indemnification Clause – Standard boilerplate shifting liability for IP violations between parties.

Joint Copyright Ownership – Two or more creators share the bundle of rights and must split revenue or clear future uses together.

IP Lawyer – Drafts contracts and represents parties in infringement suits.

Treaties, Laws & Collectives

Berne Convention – The 1886 treaty that gives authors automatic cross-border protection.

Copyright Law – The statutory framework that grants creators exclusive rights for a limited time.

GDPR – EU data-privacy rules that govern how streaming services store listener info.

Geneva Convention (1971) – Extends Rome protections to sound recordings in international trade.

IP Law – Statutes protecting creations of mind, varying by jurisdiction and type.

BMI – Operates under consent decrees that U.S. rate courts revisit every few years.

EUIPO – Hosts Europe’s orphan-works database and mediates cross-border IP disputes.

GEMA – Enforces statutory tariffs and negotiates blanket rates for broadcasters in Germany.

Harry Fox Agency – Operates under Section 115’s compulsory rules, simplifying song-reproduction clearances.

PRO – Operates under consent decrees that rate courts revisit periodically.

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