A SNAPSHOT OF COPYRIGHT

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田文 中医师

田文

美国麻州执照针灸师, 中医师

文针灸诊所高级针灸师, 高级中医师

麻省药物卫生大学新英格兰针灸学院教师.

世界中医联合会儿童健康与教育专业委员会常务理事会

全美针灸考试委员会NCCAOM继续再教育课程讲师

加州针灸委员会继续再教育课程讲师

从事针灸中药临床工作20余年. 自2008年至今,在新英格兰针灸学校教授中药学,方剂学,高级针法,经典介绍等课程。具有丰富的中英文教学经验,很受学生欢迎。做过多次微信专业讲座,广受专业人士欢迎。 2016年4月作为演讲嘉宾参加世中联儿童健康与教育专业委员会大会并当选为常务理事。2016年12月受邀参加第二届全美中医药学会暨中医院校海外校友会大会并做演讲发言。2019年11月-12月,2020年1月,举办两期古典针术六讲研习班,推广本人独创的以经典为依据的针灸方法。

精研黄帝内经等中医古籍,并有文章《灵枢治疗经筋病的方法—燔针劫刺》发表在中国针灸杂志2012年第11期。

诊所:文针灸诊所

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Author: 戴晨方律師
Date: 
2021-03-06

Copyright Act is a federal statute. It protects nearly all original works “fixed in any tangible medium of expression.” This includes article, books, movies, music, and web sites. Digital creations are protected by copyright law as well.

 

Work should be “original” and display “at least some minimal degree of creativity”. In the academic world, Copyright Act protects the EXPRESSION of facts or ideas as embodied in a work but not the underlying facts or ideas.

 

Owner of the copyright work has the exclusive right to:

 

· make copies of the work;

· distribute the work;

· display or perform the work publicly; and

· create derivative works based on the original work, such as adapting a novel into a movie, translating a work into a foreign language, or otherwise modifying a work.

 

The copyright in a work is usually owned by the author with exceptions. When a work is created within the scope of one’s employment, or “ordered or commissioned for use as” some specific circumstances defined by Copyright Act, ownership does not belong to the author, but the employer or whoever commissions the work. No affirmative steps are needed to establish the ownership rights. The Copyright Act, however, provides that a company or more than one person may own the work jointly.

 

Faculty members are employees of a university and the work is created in the scope of their employment, but it is not always the case that the university owns the copyright in the material faculty created. Most universities acknowledge that faculty own the copyright in their work. Some colleges however may assert an ownership interest in faculty work for university has contributed substantial resources for that creation.

 

More than one author created the work jointly may be co-owners of the copyright in the work. Copyright Act allows a joint owner of a copyright to use the work without consent but be under an obligation to account, which may cause unintended consequences. One may have contributed more than the other as to creation of the work. One may consider the “inseparable and interdependent rights and obligations” not fair or equitable. To ensure rights and obligations of co-owners of a copyright work are what each of them intended, they shall agree with specific terms in a written contract. For example, each co-owner may exploit the work through nonexclusive license agreements and must account for the profits to the other. If the copyright in a work is co-owned by a faculty member and a university or by two faculties, limitations on the use of the work and profit allocation may be agreed. Co-owners shall consider entering into a written agreement that modifies the default rules of co-ownership under the Copyright Act.

 
更多作者信息: http://yp.wanjiaweb.com/cn/content/lions-law-pc
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