Copyright in Intellectual Property Rights
The rights under Intellectual Property Rights of the writers and producers of literary and creative works are covered by the word "copyright." Another name for a copyright is a "literary right" or "author's right." Authors are granted exclusive rights to their creations by copyright, which also forbids unlawful publication and copying of their work. Copyright protection starts as soon as a work is conceptualised and manifested in a material form. A work that is an original invention is protected by copyright. Furthermore, only expressions are covered by the protection. Copyright does not apply to concepts that are only expressed in concrete ways; they are not protected by law. Students can also read Intellectual Property Rights.
- Meaning of the word ‘Copyright’
- The Evolution of Copyright in India
- How does Copyright function?
- What do the terms "fixed works" and "original authorship" mean?
- Works with Copyright Protection
- What rights does copyright protection bestow?
- Ownership of Copyright
- Copyright Assignment and Licence
- Constitutionality of the Copyright Act's Mandatory and Statutory Licensing Provisions
- Differentiating Between Statutory and Compulsory Licensing
- Authorities on Copyright
- Violation of Copyright
- How can copyright violations be prevented?
- Prominent Cases of Copyright Violation in India
- Conclusion
Meaning of the word ‘Copyright’
The word copyright is created by combining the concepts "copy" and "right."
More specifically, copyright refers to the "right to copy," which grants reproduction rights to only the author or a designated representative of the author.
To put it simply, a copyright is a legal right that belongs to the owner of Intellectual Property Rights.
The elaboration has to be considered to comprehend the notion of copyright properly. When someone uses considerable mental or intellectual capacity to produce something unique, that creation is considered original.
These one-of-a-kind works of art include computer software, films, books, graphic designs, music compositions, art, literature, poetry, and lyrics for songs. Additionally, a copyright serves as a protection to prevent the duplication of an original work.
Original Work of Authorship (OWA) is the state in which a work is entirely produced without replication by the autonomous intellect of its creator.
The original author of any work has the automatic right to control it and the ability to stop others from using, copying, or replicating it for their purposes.
If the inventor wants to be safe and have the upper hand in the legal system, they may voluntarily register for copyright.
The creator can initiate a lawsuit against someone who copies his work by registering this.
Concepts that come under the categories of trademarks and patents, but are not covered by copyright, including discoveries, slogans, brand names, logos, concepts, domain names, and tiles.
Any speech, concept, discovery, etc. that is protected by a copyright must be recorded in writing.
This idea enables artists and producers to work without fear and produce unique works of art that are immune to imitation by others.
Students may also delve into key topics related to Copyright in Intellectual Property Rights
- Panchayati Raj Institution
- Consumer Courts of India
- Consumer Rights of India
- Consumer Organizations and NGOs
The Evolution of Copyright in India
The East India Company's rule in 1847 is where copyright law in India first emerged.
To enforce the copyright at that time, registration with the Home Office was mandatory and the work was not automatic. The copyright period covered the author's lifetime as well as seven post-mortem years.
India approved new copyright laws in 1914, but with certain changes that are: the implementation of criminal penalties for copyright violations. It expanded the definition of copyright and changed it to refer to a "sole right," giving the author the authority to translate, alter, produce, or publish a work.
The laws of 1914 were in effect until 1957, or the post-independence era, when new laws were introduced.
A new copyright law was passed in 1957. The British Copyright Act, of 1911 was expanded upon by the Act of 1914, which was in effect prior to the Act of 1957.
Additionally, the Copyright Amendment Bill, 2012 was unanimously approved by the Indian Parliament in May of that year.
With the passage of this bill, Indian copyright laws will be more globally compliant and adhere to the WIPO Performance and Programme Treaty (WPPT) and WIPO Copyright Treaty (WCT), two treaties of the World Intellectual Property Organisation.
The 2012 Amendment Bill's Principal Features are
Changes to the right to create artistic works, including sound recordings and cinematograph films.
Modifications in line with WCT and WPPT.
Changes to the terms of licence grants and assignments.
Defence against piracy online.
How does Copyright function?
When an author creates a fixed, original work, a copyright exists. To own a work, an author does not need to register it with the United States Copyright Office.
Once the aforementioned requirements are satisfied, automatic protection is provided. Registration is required to safeguard and enforce copyright's exclusive rights.
The author is not the only one who may be a copyright owner. Companies and organisations frequently contract or employ individuals to generate creative work and negotiate ownership through work for hire.
The author may be the original owner of the copyright, but in exchange for money, the copyright protection is extended to someone else (think ghostwritten works).
Additionally, according to the Copyright Office, "when two or more authors create a single work with the intent of merging their contributions into inseparable or interdependent parts of a unitary whole," copyright ownership may be shared.
What do the terms "fixed works" and "original authorship" mean?
Two key concepts that are important to the concept of copyright are "fixed works" and "original authorship." For a piece of writing to be considered unique, it must be independently created by a human author and meet some minimal standards of originality. Nothing can be duplicated. AI is not useful. According to the Copyright Office, a work "can be perceived, reproduced, or communicated for more than a short time" to qualify as a fixed work. Consider the most recent phone photo you took of a Moonlight. The picture created by you as a writer and preserved on a long-lasting media qualifies as a creative work. Pictures of you may be viewed ("perceived"), duplicated ("reproduced"), and distributed ("communicated"). Fulfilling these conditions grants ownership of the copyright.
Works with Copyright Protection
After a work satisfies the original and fixed requirements, you need to figure out what kind of copyright it is. Four forms exist:
Literary compositions
Dramatic pieces
Compositions for music
Artistic creations
Creations that are eligible for copyright protection:
Literary works include books, blogs, poetry, pieces from newspapers, and some collections.
Works that are musical, including any lyrics or any accompaniment
Dramatic works, such as plays, with any accompanying music
Pantomimes and choreographed pieces, such as dance steps and band compositions
Artwork in the visual and graphic arts, such as pictures, paintings, drawings, and sculptures
Motion pictures and other audiovisual productions, such as films and advertisements
Sound recordings are art pieces created by adjusting a sequence of spoken, musical, or other sounds, such as sound effects or audiobooks.
Architectural creations, such as blueprints for buildings or other structures
What rights does copyright protection bestow?
The Copyright Office states that the following are some of the ways that original writers' works are safeguarded under U.S. copyright law:
Make duplicates or vinyl records of the work.
Create derived creations using the work as a model.
Distribute copies or phonorecords of the work to the general public through sales, leases, loans, or other ownership transfers.
If the work is a pantomime, a movie film, or another audiovisual, perform it in public. If it is a literary, musical, theatrical, or choreographic piece, perform it in public.
If the work is a pantomime, a literary, musical, theatrical, or choreographic piece, or a pictorial, graphic, or sculpture, show it in public. A movie or other audiovisual work's pictures are likewise covered by this right.
If the piece is a sound recording, play it aloud via a digital audio transfer."
Ownership of Copyright
Copyright is seen as a sui generis right, meaning that the primary owner of anything is the person who created it with their mind and has initial ownership over it. Furthermore, the first proprietor of any work is addressed under Section 17 of the Copyright Act, of 1957.
When is an author regarded as the first owner?
When it comes to literary works, such as speeches given in public, computer software, novels, and internet material, the author is regarded as the original owner of the work.
When it comes to dramatic, artistic, or musical works, the author is the original proprietor of the work.
In matters involving art, such as paintings, sculptures, and drawings (such as planning, architectural designs, and envisioning), the original artist is the first proprietor of the piece.
When it comes to cinematography, the producer is the original proprietor of the piece. As is common knowledge, cinematography encompasses a wide range of tasks, including song lyrics, screenplays, and creative, and dramatic work.
Accordingly, the writers of each of these works will be the owners. But in the event of a sound recording, ownership will go to the producer.
In the event that any of the aforementioned work is completed by someone working under contract, the terms of the contract will determine who owns the work.
In any work produced by employees while they are employed, the employer will always be the first owner of that work.
In a similar vein, any work produced by a partner while conducting business will be included in the partnership. For example, if an advocate drafts anything while they are employed by a law office, the law company will own the invention of the document.
In conclusion, a speech given in public belongs solely to the speaker, even if it was organised by a third party or provided on behalf of their company.
Copyright Assignment and Licence
Copyright is essentially a personal property right governed by a number of state-mandated rules and regulations. Copyright-related rights are owned, transferred, and inherited in accordance with certain rules and regulations. Furthermore, a copyright owner has two options for assigning or transferring their rights: by licence.
Assignment | License |
When it comes to copyright, an assignment is frequently called a sale agreement. This is because the owner of a work transfers that right to another party via a contract. | An owner of a copyright is still in possession of or retaining their rights when they let another party use some of their rights without the other party's actions being considered a copyright infringement. |
The person who sells the copyright is known as the "assignor," and the person who buys it is known as the "assignee." | A "licensee" is the person who receives a licence, while the "licensor" is the organisation that issues the licence. |
To be accepted, the copyright assignment must be explicit and detailed, and the agreement must be in writing and signed by both parties. | Unlike a copyright assignment, a copyright licence does not usually require a written agreement signed by both parties. |
Constitutionality of the Copyright Act's Mandatory and Statutory Licensing Provisions
Intellectual property rights, or IPRs, are the rights granted to the author of a work of art, giving them exclusivity over it for a predetermined amount of time or as long as the work is covered by the applicable laws. IPR in India is governed by the following laws:
The Geographical Indication of Goods (Registration and Protection) Act, 1999
The Designs Act, 2000
The 2001 Farmers' Rights and Protection of Plant Varieties Act
The World Trade Organisation (WTO) managed the Trade-Related Aspects of Intellectual Property Rights (TRIPS) accord
The Information Technology Act of 2000.
The purpose of the Copyright Act was to safeguard an individual's original works. Original works in the fields of literature, art, theatre, music, sound recording, and cinematography are all eligible. The Copyright Act granted the owner/author of the work full rights in order to encourage invention and capitalise on such inventiveness. These are assignable and transferable rights.
Differentiating Between Statutory and Compulsory Licensing
The constitutionality of the sections of the Copyright Act, 1957 about mandatory and statutory licencing is one such subject that has been in the news recently. In India, the Constitution is the ultimate law, and it supersedes all other laws, whether state or federal.
By completing a process and paying a price set forth by statute, the Licensor (owner) grants the Licensee permission to utilise his work.
However, it is incorrect to distinguish between statutory and compulsory licences. Both phrases are frequently used synonymously in different legal contexts.
The Indian Copyright Act, however, attempts to differentiate them slightly in terms of payment.
While the royalty under Statutory Licencing is set by the Copyright Board, in Compulsory Licencing it is left up to negotiation between the parties.
Unlike compulsory licencing, which requires consent from the owner before usage, statutory licencing grants authorization directly from the statute.
Sections 31 to 31 D of the Act itself provide for this.
Sections Concerning Mandatory And Statutory Licencing Under The Copyright Act
The sections of the Copyright Act that deal with licencing are covered in Chapter VI.
Section 30 addresses copyright owners' licences.
Any author of a piece of work, whether current or prospective, may licence it to another person in writing through his or her officially designated agent.
If the licence pertained to future work, the interest would only be considered awarded at the time the work is created.
Furthermore, barring a clause in the licence to the contrary, the licensee's legal representative will be entitled to any benefits flowing from the licence if he passes away before receiving the interest (in the case of future works).
Authorities on Copyright
Section 9 of the Copyright Act of 1957 defines the term "copyright office" and mandates the establishment of one.
The Union government appoints the registrar of copyright, who is in charge of the copyright office and is therefore subject to the Union government's direction, control, and directives.
The registrars are in charge of the registration office, which is primarily focused on providing registration services. The Intellectual Property Office (IPO) may be found at Plot No.
32, Sector 14, Dwarka, Delhi, 110075. It can also be reached via G-30, August Kranti Bhawan, Bhikaji Cama Place, New Delhi, 110066.
The entirety of India is under the authority of this office. The copyright office handles the following copyright-related duties:
Literary composition
artistic creations
Themes from stories
Storybooks, Lyric Books, Software
Cinematograph films
Sound recordings of music
Violation of Copyright
Any use of the original creator's copyright-protected work, such as a book's topic, an essay, a song's lyrics, etc., violates the owner's rights without the owner's consent. Furthermore, it is typically illegal to make anything that is copyright protected publicly available to the public in any format, including digital ones, without the owner's consent or that of a publication house or other organisation that has the copyright.
Redress for Copyright Infringement
In general, there are three different kinds of remedies possible for copyright infringement:
Civil remedies: Injunctions, reimbursement of profit margins, delivery of copyright-violating copies, and conversion damages are examples of civil remedies.
Criminal remedies: The accused may be imprisoned, fined, or both as a criminal remedy.
Administrative remedies: If the infringement is caused by the importation of infringing copies into India, one of the administrative remedies is to request that the Registrar of Copyrights office prohibit their importation and that the infringing copies be transferred to the copyright owner.
How can copyright violations be prevented?
Copyright laws serve as a safeguard to prevent others from utilising and profiting from an author's original work without the owner's consent. Original works are creative and intellectual expressions.
The concept of copyright asserts that the inventor or author retains ownership of his creations and total control over how others use them.
For example, songwriters' words would be protected by copyright in music.
In order to prevent copyright infringement, composers and performers would enter into an agreement detailing the terms under which the right to record would be given.
The songwriter may file a lawsuit for copyright infringement against the musician if they choose to record the same tune without authorization.
You would be right if you think that the definition of copyright infringement sounds like theft.
Prominent Cases of Copyright Violation in India
India has had several well-known instances of copyright infringement throughout the years. Let's examine a few of the more noteworthy instances:
Hawkins Cooker Ltd. vs Magicook Appliances
- Fact about the Case - In a legal dispute with Magicook Appliances, Hawkins Cooker Ltd. alleged that Magicook Appliances had violated their registered trademark by using it without authorization on their pressure cooker line, in violation of the Copyright Act of 1957.
- Judgement of the Case - Hawkins Cooker Ltd. won the case in court, and Magicook Appliances was not allowed to use the Hawkins Cooker Ltd. name. Furthermore, Magicook Appliances was ordered by the court to reimburse Hawkins Cooker Ltd. for any and all alleged goods, literary works, and other materials that were utilised in the production of the illegal goods.
Super Cassettes Industries Limited vs Google and YouTube
- Fact about the Case - Super Cassettes Industries Limited (SCIL) claims that YouTube's business strategy is predicated on the unlawful use of copyrighted material that has been uploaded without the owners' permission and without paying royalties. According to SCIL, YouTube makes a significant profit from this strategy and gains a lot of advantages from it.
- Judgement of the Case - The court has decided that YouTube and Google are required to stop sharing, copying, showcasing, or sending any audio-visual content that is solely owned by SCIL on their platforms in response to the plaintiff's allegations.
Conclusion
Copyright in legal studies refers to the legal protection afforded to the original creator or owner of any intellectual work against any third party. Legislators, therefore, promote innovation and safeguard the creator's original work by bestowing this shield. Thoughts should be given to the fact that, in the end, both the public and the owner come to an agreement that allows them to enjoy their interests—different attorneys may have different opinions. It's not that the Owner doesn't receive his royalties or that certain people can't access particular works; rather, the dispute has arisen because of the urge to receive more.
Frequently Asked Questions (FAQs)
Original works of writing are protected by copyright, a sort of intellectual property, as soon as the creator fixes the work in a concrete form of expression.
With a few significant exceptions, most creators of artistic expressions are the owners of copyrights: The employer is the owner of the copyright of a work generated by an employee while they are employed.
A wide range of works are protected by copyright, including audiovisual productions, including films, TV series, and internet videos. Both music compositions and sound recordings.
A brand, name, logo, form, or phrase used to market goods and services is protected by a trademark. Original creative expressions, including literary, dramatic, and artistic works, are protected under copyright laws.
In terms of artist copyright, Hogarth was also a pioneer. Because of how frequently his work was copied, he advocated for engravings to be protected by law.
Copyright protection is automatic in most countries as soon as a work is created and fixed in a tangible form. However, registering a copyright with the relevant national authority (e.g., the U.S. Copyright Office) provides additional benefits, such as creating a public record of ownership and the ability to sue for infringement in federal court.
The Berne Convention is an international agreement governing copyright protection. It requires member countries to recognize the copyrights of authors from other member countries without any formal registration. This convention established the principle of automatic copyright protection and set minimum standards for copyright laws across different nations, facilitating international copyright protection.
Linking and framing raise complex copyright issues:
Yes, copyright can be transferred or sold. The copyright owner can assign their rights, either in whole or in part, to another party. This transfer must be in writing and signed by the copyright owner. Licenses, which grant permission to use copyrighted work without transferring ownership, are also common.
The first sale doctrine is a limitation on copyright that allows the purchaser of a legally obtained copy of a copyrighted work to sell, lend, or give away that particular copy without the permission of the copyright owner. This doctrine enables the existence of used bookstores, libraries, and the resale of copyrighted items.
A Creative Commons license is a type of public copyright license that allows creators to specify how others can use their work while retaining copyright. These licenses offer different levels of permissions, from allowing any use with attribution to restricting commercial use or modifications. Creative Commons licenses provide a flexible way for creators to share their work while maintaining some control over its use.
A compulsory license is a statutory provision that allows certain uses of copyrighted works without the explicit permission of the copyright owner, provided that the user follows specific procedures and pays a set fee. In music, for example, compulsory licenses allow artists to record cover versions of songs without needing direct permission from the copyright owner, as long as they pay the statutory royalty rate.
Orphan works are copyrighted works whose owners cannot be identified or located. This presents a challenge for those who wish to use these works but cannot obtain permission. Some countries have introduced legislation to address orphan works, allowing their use under certain conditions if a diligent search for the copyright owner has been conducted. However, the issue remains contentious and unresolved in many jurisdictions.
The idea-expression dichotomy is a fundamental principle in copyright law that distinguishes between ideas and their expression. Copyright protects the specific expression of ideas, but not the ideas themselves. This means that while the particular way an author expresses an idea is protected, others are free to express the same idea in their own unique way.
Copyright and plagiarism are related but distinct concepts:
Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Fair use is determined on a case-by-case basis, considering factors like the purpose of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work.
International copyright protection is governed by various treaties and conventions, such as the Berne Convention and the WIPO Copyright Treaty. These agreements ensure that:
Fair dealing is a concept similar to fair use but is used in some Commonwealth countries like the UK and Canada. While fair use in the U.S. is a flexible doctrine that can apply to various situations, fair dealing typically specifies a limited set of purposes for which copyrighted material can be used without permission, such as research, private study, criticism, or news reporting. Fair dealing is generally more restrictive than fair use.
A copyright notice is a statement placed on copies of a work to inform the public that the work is protected by copyright. It typically includes the copyright symbol ©, the year of first publication, and the name of the copyright owner. While once required in the U.S., copyright notices are now optional in most countries due to the Berne Convention. However, using a notice can still provide benefits, such as preventing an "innocent infringement" defense.
Work-for-hire is a concept in copyright law where the employer, rather than the employee or contractor, is considered the author and owner of the copyrighted work. This applies to works created by employees within the scope of their employment or specially commissioned works where there is a written agreement stating it is a work-for-hire.
Joint authorship occurs when two or more authors collaborate to create a single work with the intention that their contributions be merged into inseparable or interdependent parts. Each joint author has full rights to use or license the work, subject to accounting to the other authors.
The question of copyright for AI-generated works is an emerging and complex issue. Traditional copyright law assumes human authorship, making it challenging to apply to works created by AI. Different jurisdictions are approaching this issue in various ways:
Many countries recognize moral rights for artists, which protect the integrity of their work and their reputation. In the U.S., the Visual Artists Rights Act (VARA) provides limited moral rights for works of visual art, including:
The merger doctrine states that when there are limited ways to express an idea, the expression "merges" with the idea and cannot be copyrighted. This doctrine prevents copyright from being used to monopolize ideas. For example, a simple logo consisting of a common shape might not be copyrightable if there are limited ways to express that basic concept.
Parody and satire are often protected under fair use doctrine, particularly in the United States. Parody, which comments on or criticizes the original work, is generally given more leeway than satire, which uses the work to criticize something else. Courts consider factors such as the purpose of the use, the amount of the original work used, and the effect on the market for the original work when determining if a parody or satire constitutes fair use.
Fan fiction and fan art exist in a gray area of copyright law. They are derivative works based on copyrighted material, which technically requires permission from the copyright owner. However, many copyright holders tolerate or even encourage fan works as they can promote interest in the original. Some fan works may be protected under fair use, especially if they are transformative or non-commercial. However, this is determined on a case-by-case basis.
The first publication rule, relevant in some jurisdictions, affects the duration and terms of copyright protection based on when a work was first published. In the U.S., for works created before 1978, the date and location of first publication can significantly impact copyright duration. This rule can be complex, especially for works published without proper notice or in countries with different copyright terms.
Copyright law applies to digital content similarly to physical works, but with some unique challenges:
Copyright infringement occurs when someone uses, reproduces, distributes, performs, or displays a copyrighted work without the permission of the copyright owner and the use does not fall under any exceptions like fair use. Infringement can lead to legal consequences, including monetary damages and injunctions.
Derivative works are new creations based on or incorporating existing copyrighted material. The copyright owner has the exclusive right to create or authorize derivative works. Creating a derivative work without permission may constitute copyright infringement. However, if the new work is sufficiently transformative or falls under fair use, it may be allowed without the original copyright owner's permission.
The scènes à faire doctrine states that certain elements of a work are not protectable by copyright because they are standard, stock, or indispensable to a particular topic or genre. For example, a detective novel might include elements like a hardboiled detective, a femme fatale, or a corrupt police officer, which are considered scènes à faire and not protected by copyright.
Sampling, the practice of using portions of existing sound recordings in new compositions, raises complex copyright issues. Generally, using a sample without permission can infringe both the copyright in the sound recording and the underlying musical composition. However, very short samples or those that are significantly transformed may be considered fair use. Many music producers obtain licenses for samples to avoid legal issues.
Technological Protection Measures, also known as Digital Rights Management (DRM), are technologies used to control access to or usage of digital copyrighted works. Many countries have laws that prohibit the circumvention of TPMs, even if the underlying use would be legal. For example, the Digital Millennium Copyright Act (DMCA) in the U.S. makes it illegal to circumvent TPMs or to manufacture or distribute tools designed for circumvention, with some exceptions for purposes like security research or library archiving.
The "sweat of the brow" doctrine was a legal theory that granted copyright protection to works based on the effort put into creating them, rather than their originality. This doctrine has been largely rejected in many jurisdictions, including the U.S. after the Supreme Court's decision in Feist Publications v. Rural Telephone Service. Courts now require a minimal degree of creativity for copyright protection, emphasizing that facts themselves are not copyrightable, only the original selection, coordination, or arrangement of those facts.
Copyright is a form of intellectual property protection that grants creators exclusive rights to their original works of authorship, such as literature, music, art, and software. It gives the creator the right to reproduce, distribute, perform, display, and create derivative works based on the original creation for a specified period of time.
A copyright owner has several exclusive rights, including:
The public domain consists of works that are not protected by copyright, either because the copyright has expired, been forfeited, or never existed. Once a work enters the public domain, it can be freely used by anyone without permission or payment. Copyright law determines when works enter the public domain, typically after a set period following the author's death or the work's creation or publication.
Copyright differs from other forms of intellectual property rights in several ways:
The duration of copyright protection varies by country and the type of work. In many countries, including the United States, copyright for individual authors typically lasts for the author's lifetime plus an additional 70 years after their death. For works created by corporations or works made for hire, the protection usually lasts for 95 years from publication or 120 years from creation, whichever is shorter.
Copyright protects a wide range of original works, including:
No, ideas cannot be copyrighted. Copyright law protects the expression of ideas, not the ideas themselves. This allows for the free flow of ideas while still protecting the specific way creators express those ideas in their works.
Copyright law protects software and computer programs as literary works. This protection covers the source code, object code, and sometimes the visual elements of the software. However, copyright only protects the expression of ideas in the software, not the underlying functionality or algorithms. Patents may be used to protect functional aspects of software in some jurisdictions.
Architectural works have been explicitly protected by copyright in the U.S. since 1990. This protection covers the design of buildings as embodied in any tangible medium of expression, including architectural plans, drawings, or the constructed building itself. However, the protection is limited:
The useful article doctrine limits copyright protection for items that have utilitarian functions. While purely artistic elements of a useful article can be protected by copyright, the overall shape or design of a useful object generally cannot be. For example, while a decorative carving on a chair might be copyrightable, the overall design of the chair itself typically would not be protected by copyright (though it might be protected by design patent).
The de minimis principle in copyright law states that trivial or minimal uses of copyrighted material do not constitute infringement. This principle recognizes that some uses are so small or insignificant that they fall below the threshold of legal concern. For example, a brief glimpse of a copyrighted work in the background of a film scene might be considered de minimis. However, what qualifies as de minimis can vary depending on the context and the jurisdiction.
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