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Copyright

WEBSITE LAYOUT‚ DESIGN AND EDITED CONTENT by FilmFetish Media. All original material that resides within this web site is copyright by FilmFetish Media until infinity. All movie titles‚ photos‚ publicity information and other film and TV related media‚ are the copywritten © property of their respective owners.

IF ANY COPYRIGHT HOLDER WANTS THEIR MATERIAL REMOVED FROM FILMFETISH.COM, SIMPLY CONTACT US IMMEDIATELY. We are in the business of helping companies promote their work, not infringement.

All images‚ artwork and graphics specifically created for this website are copyright FilmFetish Media. The Film Fetish name is copyright © 2002 by FilmFetish Media. All external images‚ logos‚ editorials and other materials are copyright and property of their respective owners‚ and are only being used in an editorial format. Use of any copywritten images is not authorized without the express written consent of copyright holder. This website contains editorials and art work compiled by us as well as links to information on external sites that are not affiliated with ByHandMedia in any way. The information compiled by us as well as the links to reviews are provided as is‚ with no warranty‚ express or implied for accuracy or reliability. You use this site at your own risk‚ and acknowledge that‚ while every effort has been made to correct errors before they appear‚ this site may include certain inaccuracies‚ errors‚ or omissions.

Any material downloaded or otherwise obtained from or made available on the site is done at your own discretion and risk. By Hand Media and Film Fetish expressly disclaims any responsibility for damage to your computer system or loss of data that results from the download of any such material.

Any use‚ other than personal‚ private viewing‚ is expressly prohibited under the copyright laws of the United States of America.

WHAT IS COPYRIGHT?

Copyright is a form of protection provided by the laws of the United
States (title 17‚ U.S. Code) to the authors of ?original works of
authorship‚? including literary‚ dramatic‚ musical‚ artistic‚ and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

  • To reproduce the work in copies or phonorecords;
  • To prepare derivative works based upon the work;
  • To distribute copies or phonorecords of the work to the publicby sale or other transfer of ownership‚ or by rental‚ lease‚or lending;
  • To perform the work publicly‚ in the case of literary‚musical‚ dramatic‚ and choreographic works‚ pantomimes‚ andmotion pictures and other audiovisual works;
  • To display the copyrighted work publicly‚ in the case ofliterary‚ musical‚ dramatic‚ and choreographic works‚pantomimes‚ and pictorial‚ graphic‚ or sculptural works‚including the individual images of a motion picture or other audiovisual work; and
  • In the case of sound recordings‚ to perform the work publicly by means of a digital audio transmission.

In addition‚ certain authors of works of visual art have the rights of attribution and integrity as described in section 106A http://www.copyright.gov/title17/92chap1.html#106a of the 1976 Copyright Act. For further information‚ request Circular 40 http://www.copyright.gov/circs/circ40.pdf‚ Copyright Registration for Works of the Visual Arts.

It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights‚ however‚ are not unlimited in scope. Sections 107 through 121
http://www.copyright.gov/title17/92chap1.html of the 1976
Copyright Act establish limitations on these rights. In some cases‚
these limitations are specified exemptions from copyright liability.
One major limitation is the doctrine of "fair use‚" which is given a statutory basis in section 107
http://www.copyright.gov/title17/92chap1.html#107 of the 1976 Copyright Act. In other instances‚ the limitation takes the form of a "compulsory license" under which certain limited uses of
copyrighted works are permitted upon payment of specified royalties
and compliance with statutory conditions. For further information
about the limitations of any of these rights‚ consult the copyright
law or write to the Copyright Office.

WHO CAN CLAIM COPYRIGHT

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire….

The authors of a joint work are co-owners of the copyright in the work‚ unless there is an agreement to the contrary.

Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Two General Principles

Mere ownership of a book‚ manuscript‚ painting‚ or any other
copy or phonorecord does not give the possessor the copyright.
The law provides that transfer of ownership of any material
object that embodies a protected work does not of itself
convey any rights in the copyright.

Minors may claim copyright‚ but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws‚ consult an attorney.

COPYRIGHT AND NATIONAL ORIGIN OF THE WORK

  • Copyright protection is available for all unpublished works‚ regardless of the nationality or domicile of the author.
  • Published works are eligible for copyright protection in the United States if any one of the following conditions is met:
  • On the date of first publication‚ one or more of the authors is a national or domiciliary of the United States‚ or is a national‚ domiciliary‚ or sovereign authority of a treaty party‚* or is a stateless person wherever that person may be domiciled; or
  • A treaty party is a country or intergovernmental organization other than the United States that is a party to an international agreement.
  • The work is first published in the United States or in a foreign nation that‚ on the date of first publication‚ is a treaty party. For purposes of this condition‚ a work that is published in the United States or a treaty party within 30 days after publication in a foreign nation that is not a treaty party shall be considered to be first published in the United States or such treaty party‚ as the case may be; or
  • The work is a sound recording that was first fixed in a treaty party; or
  • The work is a pictorial‚ graphic‚ or sculptural work that is incorporated in a building or other structure‚ or an architectural work that is embodied in a building and the building or structure is located in the United States or a treaty party; or
  • The work is first published by the United Nations or any of
    its specialized agencies‚ or by the Organization of American States; or
  • The work is a foreign work that was in the public domain in the United States prior to 1996 and its copyright was restored under the Uruguay Round Agreements Act (URAA). Request Circular 38b http://www.copyright.gov/circs/circ38b.pdf‚ "Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA-GATT)‚" for further information.
    The work comes within the scope of a Presidential proclamation.

NOTICE OF COPYRIGHT

The use of a copyright notice is no longer required under U. S. law‚ although it is often beneficial. Because prior law did contain such a requirement‚ however‚ the use of notice is still relevant to the copyright status of older works.

Notice was required under the 1976 Copyright Act. This requirement was eliminated when the United States adhered to the Berne Convention‚ effective March 1‚ 1989. Although works published without notice before that date could have entered the public domain in the United States‚ the Uruguay Round Agreements Act (URAA) restores copyright in certain foreign works originally published without notice. For further information about copyright amendments in the URAA‚ request Circular 38b
http://www.copyright.gov/circs/circ38b.pdf.

The Copyright Office does not take a position on whether copies of works first published with notice before March 1‚ 1989‚ which are distributed on or after March 1‚ 1989‚ must bear the copyright notice.

Use of the notice may be important because it informs the public that the work is protected by copyright‚ identifies the copyright owner‚ and shows the year of first publication. Furthermore‚ in the event that a work is infringed‚ if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access‚ then no weight shall be given to such a defendant’s interposition of a defense based on innocent infringement in mitigation of actual or statutory damages‚ except as provided in section 504(c)(2) http://www.copyright.gov/title17/92chap5.html#504 of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was protected.

The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from‚ or registration with‚ the Copyright Office.

Form of Notice for Visually Perceptible Copies

The notice for visually perceptible copies should contain all the following three elements:

  1. The symbol © (the letter C in a circle)‚ or the word "Copyright‚" or the abbreviation "Copr."; and
  2. The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material‚ the year date of first publication of the compilation or derivative work is sufficient. The year date may be omitted where a pictorial‚ graphic‚ or sculptural work‚ with accompanying textual matter‚ if any‚ is reproduced in or on greeting cards‚ postcards‚ stationery‚ jewelry‚ dolls‚ toys‚ or any useful article; and
  3. The name of the owner of copyright in the work‚ or an abbreviation by which the name can be recognized‚ or a generally known alternative designation of the owner.