The draft of its official practices, third edition contains a requirement of human authorship:
The U.S. Copyright Office will register an original work of authorship, provided that the work was created by a human being. The copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Trade-Mark Cases, 100 U.S. 82, 94 (1879). Because copyright law is limited to “original intellectual conceptions of the author,” the Office will refuse to register a claim if it determines that a human being did not create the work. Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53, 58 (1884). The Office will not register works produced by nature, animals, or plants. Likewise, the Office cannot register a work purportedly created by divine or supernatural beings, although the Office may register a work where the application or the deposit copy(ies) state that the work was inspired by a divine spirit.
The first example given of something the U.S. Copyright Office will not register is, of course, "a photograph taken by a monkey". The others are:
• A mural painted by an elephant.
• A claim based on the appearance of actual animal skin.
• A claim based on driftwood that has been shaped and smoothed by
• A claim based on cut marks, defects, and other qualities found in
Registration with the U.S. Copyright Office is not required for copyright protection, which takes effect when a work is created. However, registration provides significant legal advantages, such as the ability to receive statutory damages in lawsuits.
Today a future without schools. Instead of gathering students into a room and teaching them, everybody learns on their own time, on tablets and guided by artificial intelligence. Flash Forward: RSS | iTunes | Twitter | Facebook | Web | Patreon | RedditIn this episode we talk to a computer scientist who developed an artificially […]
Where are our petabyte drives? Brian Hayes takes us through the reasons storage is “stuck” in the low terabytes. The tl;dr is that we got such exceptional capacity growth in the late 90s and early 00s we don’t need much more right now, so the focus since then has been on SSDs, networking, interfaces, etc, […]
Amélie Lamont, a former staffer at website-hosting startup Squarespace, writes that she often found herself disregarded and disrespected by her colleagues. One comment in particular, though, set her reeling — and came to exemplify her experiences there.
Those of us who love music wish we could listen to it 24/7. But it’s impossible when we’re trying to converse with our friends, or when are swimming in the local pool.That is, until now. The KOAR Bone Conduction Bluetooth Headset, now 48% off, has changed the audio game.Made with lightweight titanium memory metal, this headset boasts patented bone conduction technology to transport sound […]
It’s one thing to enjoy dinner at home and a nice glass of Cabernet Sauvignon with your best friend, Netflix, but it’s another thing entirely to make that meal from scratch and get that wine delivered right to your doorstep.But what if we told you there’s a way to make this possible? To keep your social life, […]
Having to pack and drag your stuff through security can put quite the damper on your vacation plans. Thankfully, we’ve got your back with one way to make traveling more painless: the Jumper Overnighter Travel Bag.This compact bag is so lightweight that you can effortlessly carry it, and fit it into any overhead compartment. But just […]