Yurok Tribal Ordinances
Yurok Tribal Copr. Protect. Ord.
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
GENERAL NOTES
Dated this 9th day of August, 2006.
Yurok Tribal Copyright Protection Ordinance, Yurok CPO
Current through October 1, 2010
Yurok CPO Authority
AUTHORITY
Yurok Tribal Copr. Protect. Ord. Authority
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
AUTHORITY
The Yurok Tribal Council is the duly elected and authorized Governing body of the Yurok Tribe; a federally recognized Indian Tribe which is eligible for all rights and privileges afforded to a federally recognized Indian Tribe and, as such, enacts this ordinance by the power and authority granted under the Yurok Tribal Constitution. Article IV, Section 5(a) states that the Tribal Council may “enact legislation, rules and regulations not inconsistent with this constitution to further the objectives of the Yurok Tribe....”
Yurok Tribal Copyright Protection Ordinance Authority, Yurok CPO Authority
Current through October 1, 2010
Yurok CPO Purpose
PURPOSE
Yurok Tribal Copr. Protect. Ord. Purpose
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
PURPOSE
The purpose of this ordinance is to provide a Tribally sanctioned method to register copyrightable original works and to enforce individual copyright protections for Yurok Tribal members who register their original works of authorship/design. Such works shall include, but not necessarily be limited to: Literary Works, Pictorial Works, Graphic Works, Musical Works, Dramatic Works, Choreographic Works, Architectural works. Nothing in this Ordinance shall allow for, or advocate the copyrighting of certain specific symbols and basket designs. The Yurok Tribe holds these designs sacred as gifts from the Creator to the Yurok People. However, such designs may appear as part of a larger work of copyrightable material. The Yurok Tribal Council further reserves the right to copyright such designs in the name of the Yurok Tribe.
In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
Yurok Tribal Copyright Protection Ordinance Purpose, Yurok CPO Purpose
Current through October 1, 2010
Yurok CPO Section 1
SECTION 1. DEFINITIONS
Yurok Tribal Copr. Protect. Ord. Section 1
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
SECTION 1. DEFINITIONS
Definitions pertaining to this ordinance shall be identical to those used in the Copyright Act of 1976, 17 U.S.C. § 101.
Yurok Tribal Copyright Protection Ordinance Section 1, Yurok CPO Section 1
Current through October 1, 2010
Yurok CPO Section 2
SECTION 2. EXCLUSIVE RIGHTS
Yurok Tribal Copr. Protect. Ord. Section 2
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
SECTION 2. EXCLUSIVE RIGHTS
The owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) Reproduce the copyrighted work in copies;
(2) Prepare derivative works based upon the copyrighted work;
(3) Distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) In the case of literary, musical, dramatic, and choreographic works, pantomimes and other audiovisual works, to perform the copyrighted work publicly;
(5) In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including other audiovisual work, to display the copyrighted work publicly.
Yurok Tribal Copyright Protection Ordinance Section 2, Yurok CPO Section 2
Current through October 1, 2010
Yurok CPO Section 3
SECTION 3. FAIR USE--LIMITATIONS ON EXCLUSIVE RIGHTS
Yurok Tribal Copr. Protect. Ord. Section 3
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
SECTION 3. FAIR USE--LIMITATIONS ON EXCLUSIVE RIGHTS
Notwithstanding the provisions of Section 2 the fair use of a copyrighted work, including such use by reproduction in copies or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
(1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) The nature of the copyrighted work;
(3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) The effect of the use upon the potential market for or value of the copyrighted work.
Yurok Tribal Copyright Protection Ordinance Section 3, Yurok CPO Section 3
Current through October 1, 2010
Yurok CPO Section 4
SECTION 4. DURATION OF COPYRIGHT PROTECTION
Yurok Tribal Copr. Protect. Ord. Section 4
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
SECTION 4. DURATION OF COPYRIGHT PROTECTION
The term for protection of a copyrighted work under this ordinance shall be the life of the author plus twenty (20) years; during which time the rights and protections afforded under this ordinance shall be assumable with, respect to specific works, by the original author's named heir, or next of kin as named by law.
Yurok Tribal Copyright Protection Ordinance Section 4, Yurok CPO Section 4
Current through October 1, 2010
Yurok CPO Section 5
SECTION 5. WORKS FOR HIRE
Yurok Tribal Copr. Protect. Ord. Section 5
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
SECTION 5. WORKS FOR HIRE
Any work produced at the direction of an employer or any work produced under commission from a party other that the original author shall be the exclusive property of the employer or person commissioning such work.
This section shall not apply where the original author has an agreement, in writing, with his/her employer, or other person commissioning a work which states that the original author shall retain title and copyright of such work. Such agreement shall be executed and signed by both parties prior to beginning work on the commissioned work.
Yurok Tribal Copyright Protection Ordinance Section 5, Yurok CPO Section 5
Current through October 1, 2010
Yurok CPO Section 6
SECTION 6. VIOLATION OF ORDINANCE
Yurok Tribal Copr. Protect. Ord. Section 6
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
SECTION 6. VIOLATION OF ORDINANCE
Anyone who violates or claims rights of copyright, except the owner of such copyright as provided in Sections 1 and 5, is an infringer on the copyright of the legal owner, and, as such, is civilly liable under this ordinance.
Yurok Tribal Copyright Protection Ordinance Section 6, Yurok CPO Section 6
Current through October 1, 2010
Yurok CPO Section 7
SECTION 7. REMEDIES
Yurok Tribal Copr. Protect. Ord. Section 7
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
SECTION 7. REMEDIES
Remedies for violation of this ordinance shall exist only with the Yurok Tribal Court shall include:
1. Injunctive and/or declaratory relief as issued by the Yurok Tribal Court
2. Impounding and/or return of unauthorized materials
3. Monetary damages equivalent to loss of profit from loss of sales/sales made without authorization (if sellable work)
4. Punitive damages of not less that $200 nor more than $500.
Yurok Tribal Copyright Protection Ordinance Section 7, Yurok CPO Section 7
Current through October 1, 2010
Yurok CPO Section 8
SECTION 8. REGISTRATION OF COPYRIGHT
Yurok Tribal Copr. Protect. Ord. Section 8
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
SECTION 8. REGISTRATION OF COPYRIGHT
To assert rights of ownership under this ordinance the original author or any work deemed copyrightable under this ordinance must register said work with the Yurok Tribe Executive Office.
To register an original work one must provide:
1. A copy of the work to be registered
2. Title of work to be copyrighted
3. A signed statement of ownership/authorship
4. Name and address of owner
5. If it is a work for hire, a statement to that effect
6. A registration fee of $10
A certificate of Registered Copyright will be mailed within one (1) month of registration. Notice of copyright is not required however if it is used it shall be in the form of a circle with a “c” inside (©) or a variation of the word “copyright,” with the date of registration with “Yurok Tribe” immediately following.
Yurok Tribal Copyright Protection Ordinance Section 8, Yurok CPO Section 8
Current through October 1, 2010
Yurok CPO Section 9
SECTION 9. CONTESTED OWNERSHIP/COPYRIGHT
Yurok Tribal Copr. Protect. Ord. Section 9
The Yurok Tribe of California
Yurok Tribal Ordinances
Copyright Protection Ordinance
SECTION 9. CONTESTED OWNERSHIP/COPYRIGHT
Any contest to any claim of ownership/authorship of any work registered under this ordinance shall be adjudicated solely in the Yurok Tribal Court.
Yurok Tribal Copyright Protection Ordinance Section 9, Yurok CPO Section 9
Current through October 1, 2010