Fandom

The IT Law Wiki

Material objects

32,167pages on
this wiki
Add New Page
Talk0 Share

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.

Definition Edit

U.S. copyright law Edit

A material object under the Copyright Act is the form taken by a fixed work such as a film, tape, or disk for a literary work or a building or drawing for an architectural work.

Overview Edit

After the decision in Advanced Computer Services v. MAI,[1] absolute permanence is not required and even the electrical impulses of a program in RAM are material objects, even though they are imperceptible to the ordinary observer, because they can be perceived by persons with the aid of a computer.

Transfer of ownership of any material object, including a copy or phonorecord in which the work is first fixed does not itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object.[2]

A computer hard drive is a material object.[3]

A computer program is not a material object but a literary work.[4]

References Edit

  1. Advanced Computer Servs. of Mich., Inc. v. MAI Sys. Corp., 845 F. Supp. 356 (E.D. Va. 1994) (full-text).
  2. 17 U.S.C. §202.
  3. Recording Industry Ass'n of America v. Diamond Multimedia Sys, Inc., 180 F.3d 1072, 1078, 51 U.S.P.Q.2d (BNA) 1115 (9th Cir. 1999) (full-text).
  4. Apple Computer, Inc. v. Franklin Computer, Corp., 714 F.2d 1240, 1249 (3rd Cir. 1983) (full-text).

Also on Fandom

Random Wiki