Assignment 1

Question 1

where does Congress derive authority to enact copyright legislation?

Answer 1

Article 1 §8 cl. 8. of the US Constitution

Question 2

what is time-shifting?

Answer 2

The concept of time-shifting is defined in Sony Corp. of America v. Universal City Studios, Inc. Time-shifting is the recording of television shows to watch at a later time.

Question 3

Which statutory provision enumerates the exclusive rights held by the copyright owner?

Answer 3

The Copyright Act of 1976, 17 U.S.C. §106

Question 4

Mark Twain’s manuscript was written in 1876. It was not published by anyone until July 2001. Twain died in 1910. When will the copyright expire?

Answer 4

December 31, 2047 as per §303(a) of The Copyright Act of 1976

Question 5

You write a letter and send it to me. We have no oral or written agreement. Can I publish the letter in a book I write? Explain.

Answer 5

No, you can not published the letter in a book that you write. The copyright belongs to the writer and sender of the letter (me). You own just the physical letter, meaning the paper that the letter is written on. Thus, you are free to destroy the letter but not publish it. However, there is an exception that you can publish the letter if the letter was specifically intended for publication.

Question 6

What is “common law copyright”? When was it applicable under the 1909 Act? When is it applicable under the 1976 Act?

Answer 6

Common law copyright is copyright protection granted outside of statutory copyright protection. Specifically, common law copyright refers to state, rather than federal, copyright statutes. Under the 1909 Act, common law copyright applied in the window of time between creation and publication. Publication triggered statutory copyright protection. Today, common law copyright applies to works that may still be governed by the 1909 Act. Common law copyright also applies under the 1976 Act, to unfixed works.

Question 7

Please provide the citations for the criminal and civil provisions concerning music “bootlegging.”

Answer 7

The civil provision is contained in 17 U.S.C. §1101. The Criminal provision is contained in 18 U.S.C. § 2319A.

Question 8

What is a “general publication” under the 1909 Act?

Answer 8

General publication, under the 1909 Act, is when a work is made available to the public as a whole, without regard as to the public’s identity or what the public intended to do with the work. More specifically, a general publication is the release of copies by an author, without any restrictions placed on how the work should be used or distributed.

Question 9

When an author posts her work on a public website is that a “publication” under the 1976 Act?

Answer 9

Yes, because the post is a publication as defined by §101 because the post functions as a public display in that it is open to the public or is viewable to a “number of persons outside of a normal circle of a family and its social acquaintances is gathered.” Also, there are no controls over what the public might do w/ the work.

Question 10

Copyright notice formerly was mandatory for statutory copyright. It is now optional. Please site the current statutory provisions governing this. When did that change come into effect? (Provide the date.)

Answer 10

The current statutory provisions governing copyright are §§ 401 and 402. The change from mandatory to optional came into effect through amendments on March 1, 1989.

Question 11

Generally, how many copies does the Copyright Act require statutory copyright owners to deposit in the Copyright Office? Cite the statutory provision.

Answer 11

Copyright owners are required to deposit two copies in the Copyright Office. The provision is located in §407(a) of the Copyright Act.

Question 12

What are the benefits of registering a copyright?

Answer 12

The benefits of registering a copyright include: satisfaction of the prerequisite that a copyright should be registered before commencing an infringement action, assists in providing location information for the author so someone can get permission to use the work, provides evidence of whether a copyright originally existed, discourages infringement, allows for award of greater remedies such as attorney’s fees and statutory damages, shifts the burden in an infringement action to the defendant, and increases the general marketability of the work.

Question 13

Is a typical photograph entitled to copyright protection? Cite a case.

Answer 13

Yes, a typical photograph is entitled to copyright protection because it is an original work of authorship. Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884).

Question 14

Give two examples of things held not be qualify as “works of authorship.” Cite the cases. (Yes, they are cited in the text.)

Answer 14

1. Random numbers assigned to mark specific machine parts are not works of authorship. Toro Co. v. R & R Products Co., 787 F.2d 1208 (8th Cir. 1986).
2. List of ingredients are not works of authorship because they qualify as facts. Publications Int’l, Ltd. v. Meredith Corp., 88 F.3d 473 (7th Cir. 1996).

Question 15

Is the issue of copyrightability a question of fact for the jury or law for the court?

Answer 15

According to the text, the issue of copyright ability is generally a question of law that should be determined by the court. However, the text states that some other courts will have the jury decide the degree of originality between a work and an earlier version of the work.

Question 16

True or false, in order to be copyrightable, a work must be unique or novel. Cite a case.

Answer 16

False. In order for a work to be copyrightable, a work must be original, meaning there is more than a “mere trivial variation.” Alfred Bell & Co., Limited v. Catalda Fine Arts, Inc., 191 F.2d 99 (2d Cir. 1951).

Question 17

n a derivative work based on a folk song in the public domain, can someone copy the portions of the song taken from the public domain? Briefly explain.

Answer 17

Yes, a person can copy the portion of the folk song taken from the public domain. This is because works in the public domain do not have copyright protection. If the work based on the public domain folk song adds elements of originality, then such original version of the song can receive copyright protection.

Question 18

Is the amount of effort expended in creating a factual compilation important in determining the copyrightability of the compilation? Briefly explain.

Answer 18

No, the effort expended in creating a factual compilation is not important when determining the copyright ability of the compilation. The old concept was that when an author put time and energy into a work, they should be granted copyright protection. This was known as the sweat of the brow doctrine. The sweat of the brow doctrine was rejected by the Supreme Court in Feist Publications v. Rural Telephone. Instead, the Court determined that elements such as the author’s selection of facts, coordination of the arrangement, and arrangement itself should be the facts used in determining the copyrightability of the compilation.

Question 19

To what extent is a factual compilation protectable under copyright law? Cite a case.

Answer 19

In factual compilations, copyright protection extends only to the original arrangements, selections, and coordinations of facts are copyrightable. The facts themselves are not copyrightable. Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991).

Question 20

Does West Academic Publishing have a copyright in a judicial opinion on Westlaw? Explain your answer.

Answer 20

West Academic Publishing does not have a copyright in a judicial opinion on Westlaw. West would only have a copyright in the arrangement of the opinions. In terms of a compilation, judicial opinions could be considered facts. Facts themselves are not copyrightable. However, the manner in which West has chosen to arrange the opinions is copyrightable because it functions as an original expression.