Copyright works

Ownership of the copyright in a work is distinct from ownership of the material object, ie, the copy or phonorecord, in which the copyrighted work is embodied. The transfer of one does not constitute transfer of the other. Eor example, if a painter sells his or her painting, ie, the material object, such as canvas and oils, the painter does not automatically transfer the copyright in it sale of that copyright, so as to allow reproduction of the oil painting in printed posters, does not transfer the material object. 

The Right to Prepare Derivative Works. Many copyrighted works serve as the basis for derivative works, in which the underlying work is recast, transformed, or adapted. Examples include translations, motion pictures made from novels, and musical arrangements. Derivative works can be a significant source of income for copyright owners. 

The Right of Public Distribution. The exclusive right to reproduce the copyrighted work also entails pubHc distribution of copies, by sale or other transfer of ownership. This right, too, is the copyright owner s. 

The Test for Infringement. It is rare that actual evidence of copying exists. Proof of copying is usually circumstantial and is shown by a two-part test. First, the alleged infringer must be shown to have had access to the copyrighted work. Second, the two works must appear to their hypothetical intended audience to be substantially similar. The two parts of the test may be seen to be in balance while both must be present, the greater the evidence of substantial similarity, the less evidence of access is necessary, and vice versa. 

The citation of trade names and/or names of manufacturers in this publication is not to be construed as an endorsement or as approval by ACS of the commercial products or services referenced herein nor should the mere reference herein to any drawing, specification, chemical process, or other data be regarded as a license or as a conveyance of any right or permission to the holder, reader, or any other person or corporation, to manufacture, reproduce, use, or sell any patented invention or copyrighted work that may in any way be related thereto. Registered names, trademarks, etc., used in this publication, even without specific indication thereof, are not to be considered unprotected by law. 

---