Assignment 8 Flashcards
Please identify the requirements for liability under the theory of vicarious copyright infringement and cite a case for authority.
A finding of liability under the theory of vicarious copyright infringement requires that: (1) vicarious infringer had the right and ability to supervise the direct infringer and (2) the vicarious infringer had a direct financial interest in the direct infringer’s conduct. These requirements are established in Shapiro, Bernstein, & Co. v. H.L. Green Co., 316 F.2d 304 (2d Cir. 1963).
Please identify the requirements for liability under the theory of contributory copyright infringement and cite a case for authority.
A finding of liability under the theory of contributory copyright infringement requires that: (1) a contributory infringer had knowledge of the infringing activity and (2) the contributory infringer induced, caused, or materially contributed to the infringing conduct of another. The requirements are established in Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984).
If a User posts photographs infringing Owner’s copyrights on Facebook, is Facebook liable for either directly or contributorily infringing Owner’s copyrights? Please explain.
Facebook would not be liable for direct infringement because the photograph is merely being hosted on Facebook’s site. Facebook was not actively engaged in the actual act of copying of the photograph. It is possible that Facebook is liable for contributory infringement if Facebook knew about the infringement and substantially participated in such infringement. However, the facts given do not indicate that Facebook knew about infringement or substantially participated in the infringement.
See also safe harbor provision, section 512(c)
What was Corley’s primary challenge to the anti-trafficking provisions of the DMCA in Universal City Studios v. Corley?
Corley’s primary challenge to the anti-trafficking provisions of the DMCA challenges the anti-circumvention aspects of the provisions. Specifically, Corley claims that since §1201(c)(1) of the DMCA does not limit fair use, if he uses DeCSS for fair use purposes then DeCSS is included in such fair use. Further, Corley claims that the anti-circumvention aspects violate the limited time requirement of the Copyright Clause in the Constitution. Finally, Corley claims that the anti-circumvention aspects violation his right to free speech.
What historical evidence did the Supreme Court cite in Eldred v. Ashcroft in support of its holding that Congress had the power to enact the CTEA extending the length of existing copyrights?
The Supreme Court cited the many instances throughout history where Congress granted extensions to the length of existing copyrights. These many instances established a historical precedent for Congress making such extensions.
What was the primary impetus for Congress to enact the CTEA, lengthening the term of copyrights from the life of the author plus 50 years to the life of the author plus 70 years?
The primary impetus for Congress enacting the CTEA was to make United States copyright law compliant with the copyright laws of the European Union. With this enactment, the terms in both the United States and the European Union are the same.
According to the Supreme Court, what are the built-in accommodations to First Amendment concerns in copyright law?
According to the Supreme Court, there are several built-in accommodations to First Amendment concerns in copyright law. First, copyright law establishes fair use, which ensures that a person can use protected elements for the purposes of making a criticism, parody, news reporting etc. Second, freedom of speech is already protected in copyright law because the protection of speech as a whole functions as an incentive to encourage free speech itself. Finally, copyright law does not afford protections to facts and ideas. Thus, people are always free to use facts and ideas as their speech.
What is the duration of a copyright in a work made for hire? Please also cite the statute.
The duration of a copyright in a work made for hire is established in §302(c). The provision states that a work made for hire has a duration of 95 years from publication or 120 years from creation, whichever term expires first.
