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June 4, 2009 / Rights in Balance

When it comes to libel, the law does not have a sense of humor.

A doctored photograph showing a classmate exiting a pornographic bookstore may be meant as a joke, but when the boy’s mother sees it in the yearbook, she will not be laughing. Neither will the court.

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September 17, 1996 / Fall 1996 / Law/Ethics

First, the work must be original. This means that the author must have shown at least a small spark of creativity when he made the work. For example, your school’s cheerleading squad could not claim the copyright to a cheer that has been used by other schools, even if they changed words to reflect your team and school name. Second, the work must be “fixed in any tangible medium of expression.” This “fixation” requirement means that only works preserved in a tangible form (a book, a newspaper, a video, a CD-ROM disk, etc.) – as opposed to those existing entirely in an artist’s mind – will receive copyright protection.

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