Assignment 7 Flashcards
According to Harper & Row v. Nation Enters., what is the most important element of fair use?
According to Harper, the most important element of fair use is fourth element of “the effect of the use upon the potential market for or value of the copyrighted work.”
What does it mean to say a derivative work is transformative? Cite a case discussing this.
saying a work is transformative means that the derivative work has a different purpose than the original work. Further, a transformative derivative work will add new a “new expression, meaning, or message” to the work. Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994).
Why are parodies often not infringing uses?
Parodies are often not infringing uses because parodies are works that make comments on an original work. In making such comments, the parodied work must contain some part of the original work in order to make the comment. Thus, courts have held that parodies are “entitled at least to ‘conjure up’ the original.” Elmer Music, Inc. v. National Broadcasting Co., 482 F.Supp, 741 (2d Cir. 1980). Parodies also don’t impact the market for the original work.
What is the difference between parody and satire? Why does it matter for purposes of copyright?
The difference between parody and satire is that satire generally criticizes what is happening in society whereas parody comments on the work itself. The distinction matters for the purpose of copyright because a satire does not get the same privilege that a parody does. This is because a satire does not require use of the original work to form its criticism about society. Satire is therefore entitled to less protection than a parody. A parody on the other hand must use parts of the original work to make its comment on that original work. Since using the original work is a necessity to parody, it is entitle to more protection for the purposes of copyright.
How did the copying in American Geophysical Union v. Texaco harm to the value of the copyrights at issue?
The copying in American Geophysical Union harmed the value of the copyrights at issue because it resulted in substantially less journal subscriptions being sold. Instead of Texaco purchasing a journal subscription for each of the 400-500 employees, they would only buy a few copies and the employees made copies. Such copying deprived the copyright holders of that additional revenue and therefore harmed the value of the copyrights at issue.
What is the role of the Copyright Clearance Center?
The Copyright Clearance Center allows users to pay for copies of specific parts of work. For example, if the work is a 30 pages long journal article, the Copyright Clearance Center allows the user to pay to use just the 3 pages of the work the user needs.
If a faculty member makes copies of a 10 page article and distributes it to all the members of her class each semester, does she need to secure copyright permission? Please explain.
No b/c it doesn’t meet the spontaneity requirement
May a faculty member copy single chapters from several different books to be distributed by the university copy center as part of a course pack to all students in the class without obtaining permission or paying royalties to the respective copyright holders? Please explain and cite a case.
No, a university copy center may not distribute course packs to all students in the class without obtaining permission or paying royalties to the respective copyright holders. This is assuming the university copy center is a for-profit entity that is charging the students for the course packs. Princeton Univ. Press v. Michigan Document Service, stated the that the copying done by for-profit copy centers serves a commercial purpose. The case uses a House Judiciary Committee report on the 1976 Copyright Act legislation as support. Despite the fact it would be fair use for the faculty member to perform the photocopying him or herself to make the course packs, it is not fair use for the faculty member to use the for-profit copy center to perform the copying because the copy center is making a profit off the copying without the required licenses or permissions. If no for-profit copy shops had to obtain licenses or permissions from the respective copyright holders, the value of the copyrights would decrease and the copyright holders would lose revenue.
