Copyright Information
Fair Use Analysis
The Copyright Act in Section 107 enumerates four "fair use factors" that must be analyzed to determine whether a particular use of a copyrighted work, such as a parody, is fair use. These factors are the (1) purpose and character of the use, including whether the use is commercially motivated or instead is for nonprofit educational purposes; (2) nature of the copyrighted work; (3) amount and substantiality of the portion used in the newly created work in relation to the copyrighted work; and (4) effect of the use upon the potential market for or value of the copyrighted work. A court when evaluating a fair-use defense takes into consideration each of the four factors as no single factor by itself is sufficient to prove or disprove fair use.
What types of creative work does copyright protect?
Copyright protects works such as poetry, movies, CD-ROMs, video games, videos, plays, paintings, sheet music, recorded music performances, novels, software code, sculptures, photographs, choreography and architectural designs.
For a person's work to qualify for copyright protection, a work must be "fixed in a tangible medium of expression." This means that the work must exist in some physical/tangible form for at least some period of time, no matter how brief. Virtually any form of expression will qualify as a tangible medium, including a computer's random access memory (RAM), the recording media that capture all radio and television broadcasts, and the scribbled notes on the back of an envelope that contain the basis for an impromptu speech.
In addition, the work must be original -- that is, independently created by the author. It doesn't matter if an author's creation is similar to existing works, or even if it is arguably lacking in quality, ingenuity or aesthetic merit. As long as the author toils without copying from someone else, the results are protected by copyright.
To receive copyright protection, a work must be that of the result of at least some creative effort on the part of its author. There is no hard and fast rule as to how much creativity is enough. For example, a work must be more creative than a telephone book's white pages, which involve a straightforward alphabetical listing of telephone numbers rather than a creative selection of listings.
Does copyright protect an author's creative ideas?
Unfortunately, No. Copyright harbors only fixed, original and creative expression, not the ideas or facts upon which the expression is based. For example, copyright may protect a particular song, novel or computer game about a romance in space, but it cannot protect the underlying idea of having a love affair among the stars. Allowing authors to monopolize their ideas would thwart the underlying purpose of copyright law, which is to encourage people to create new work.
For similar reasons, copyright does not protect facts -- whether scientific, historical, biographical or news of the day. Any facts that an author discovers in the course of research are in the public domain, free to all. For instance, anyone is free to use information included in a book about how to program a new game or website, an article about the art of creating in Photoshop or an article about the childhood of Bill Gates-- provided that they express the information in their own way, in their own words.
Facts are not protected even if the author spends considerable time and effort discovering things that were previously unknown. For example, the author of the book on Programming Code takes ten years to gather all the necessary materials and information for his/her work. At great expense, she travels to hundreds of colleges and conferences around the world. But after the book is published, any reader is free to use the results of this ten year research project to write his or her own book on Programming -- without paying the original author.
How long does a copyright last?
For works published after 1977, the copyright lasts for the life of the author plus 70 years. However, if the work is a work for hire (that is, the work is done in the course of employment or has been specifically commissioned) or is published anonymously or under a pseudonym, the copyright lasts between 95 and 120 years, depending on the date the work is published.
All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years. However, even if the author died over 70 years ago, the copyright in an unpublished work lasts until December 31, 2007. And if such a work was published before December 31, 2007, the copyright will last until December 31, 2052
So what is under copyright at the Knot & Bauble Shoppe?
Basically anything that has been created by our Artisan's is copyright by the individual artisan, unless it was created specifically, and exclusively for the Knot & Bauble Shoppe - then the copyright would belong solely to the owners of the Knot & Bauble Shoppe.
1. The images, pictures, content, design and layout used in the Knot & Bauble Shoppe website, blog and newsletter are images either directly created from the owners of the Knot & Bauble shoppe or purchased for the Knot & Bauble Shoppe and therefore are the sole copyrighted property of The Knot & Bauble Shoppe and its owners.
2. The Photography sold on the Knot & Bauble Shoppe is the sole copyrighted property of the Photographer that shot the image - there are no exceptions to this - all instances of infringement will be pursued
3. Any product that is the sole result of the Artisan's creation also falls under this copyright notice, including, but not limited to photos of the product itself.
4. Any items not expressly mentioned herein are reserved.
Notices and procedure for making claims of copyright infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent at admin [@] knotnbauble.com.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
Any rights not expressly granted herein are reserved.
Knot & Bauble Security Information
How Secure is Knot & Bauble?
- Our site uses multiple forms of security for our customers. The number one choice of payment is via PayPal. When a customer selects to pay for their purchases through PayPal they are actually taken to the PayPal server which holds a totally different form of SSL certificate - because PayPal doesn't use a bank to transfer the funds, it has its own high level form of security through Authorize.Net and Verify.Com. Your information is extremely secure when you pay via the PayPal option.
- We also use FreeAuthNet.com to process all of our other Credit Cards that our customers may choose to use; these cards are also sent through Authorize.Net which is the most secure credit card processing center on the internet today. You can read more about the Securities and service of Authorize.Net here.
- Also, CRE Pro Loaded NEVER stores any financial information in its database so your credit card information is not now nor will it ever be kept on file with The Knot & Bauble Shoppe.
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