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Copyrights

IGA (Independent Grocers Association), and Land-O- graphic materials; (5) pictorial, graphic, and sculptural
Lakes. materials; (6) motion pictures and other audiovisual mate-
rials; (7) sound recordings; and (8) architectural materials.
Thus, material must be original and published in a con-
BIBLIOGRAPHY
Boone, Louis E., and Kurtz, David L. (2006). Contemporary crete medium of expression to be covered by a copyright.
Business. Mason, OH: Thomson/South-Western. In other words, for material to be eligible for copyright
Bounds, Gregory M., and Lamb, Charles W., Jr. (1998). protection, a tangible product must exist. Consequently,
Business. Cincinnati, OH: South-Western College Publishing. copyright protection does not extend to any original
Madura, Jeff (2004). Introduction to Business. Belmont, CA: material for ideas, procedures, processes, systems, meth-
Thomson/South-Western. ods of operation, concepts, principles, or discovery,
“NCBA.coop … National Cooperative Business Association.” regardless of the form in which the material is described,
Retrieved October 15, 2005, from explained, illustrated, or embodied.
http://www.ncba.org/index.cfm.
The owner of a copyright has the right to do and
Nickels, William G., McHugh, James M., and McHugh, Susan authorize any of the following: (1) to reproduce the copy-
M. (2005). Understanding Business (7th ed.). Boston: righted material in copies; (2) to prepare derivative mate-
McGraw-Hill/Irwin.
rials based on the original copyrighted material; (3) to
Pride, William M., Hughes, Robert J., and Kapoor, Jack R. distribute copies of the copyrighted material to the public
(2002). Business (7th ed.). Boston: Houghton Mifflin.
by sale or other transfer of ownership, or by rental, lease,
or lending; (4) in the case of literary, musical, dramatic,
Marcy Satterwhite and choreographic materials, pantomimes, and motion
pictures and other audiovisual materials, to perform the
copyrighted material publicly; and (5) in the case of liter-
ary, musical, dramatic, and choreographic materials, pan-
COOPERATIVE tomimes, and pictorial, graphic, or sculptural materials,
ADVERTISING including the individual images of a motion picture or
other audiovisual materials, to display the copyrighted
SEE Advertising; Marketing Mix
material publicly.
The Berne Convention was a convention for the pro-
tection of literacy and artistic materials and the Universal
Copyright Convention is a convention to provide for the
COPYRIGHTS
adequate and effective protection of the rights of authors
A copyright gives the owner the exclusive right to repro- and other copyright proprietors in literary, scientific, and
duce, distribute, perform, display, or license original artistic materials, which includes writings; musical, dra-
material. Further, the owner also receives the exclusive matic, and cinematographic materials; and paintings,
right to produce or license the production of derivatives of engravings, and sculpture. As a result, international guide-
that material. In essence, a copyright provides protection lines for identifying materials that were subject to copy-
to the owner guaranteeing that material cannot be copied right protection were established, and those guidelines
without the owner’s permission. Under the current law, included an administrative process for redress if an author
materials are covered whether or not a copyright notice is believed material to be reproduced without permission.
attached and whether or not the material is registered. Not only were the materials subject to copyright protec-
However, an exception exists for the fair use of the tion expanded from written materials to audiovisual mate-
material. The fair use of copyrighted material includes rials; pictorial, graphic, or sculptural materials;
such use as reproduction for purposes of criticism, com- architectural materials; collective materials; and compila-
ment, news reporting, teaching (including multiple copies tion materials; but reproduction of materials was refined
for classroom use), scholarship, or research and is not con- to include performing or displaying material as well as
sidered an infringement of a copyright. Thus, fair use transmitting the work without the author’s permission.
allows an individual to reproduce the material for non- The United States joined the Berne Convention for the
profit activities. Protection of Literary and Artistic Materials in 1989.
Originally, copyrights referred only to written mate- The federal agency charged with administering the
rials. However, copyrights have been extended to include: act is the Copyright Office of the Library of Congress.
(1) literary materials; (2) musical materials, including any Materials are subject to copyright protection with or with-
accompanying words; (3) dramatic materials, including out copyright notice attached to the material. To obtain a
any accompanying music; (4) pantomimes and choreo- copyright for an original work, an application for copy-

ENCYCLOPEDIA OF BUSINESS AND FINANCE, SECOND EDITION 157