Copyright Flashcards
Purpose of IP Law
Incentive creation; promote competition and efficient marketplace
Copyright Requirements
1) original
2) creative
3) fixed
Original
Not taken or copied from somewhere else; independently created
Derivative Works
Copies of another work
Creative
Only a dab of creativity is needed
Copyright Laws
IP Clause in Constitution, 1976 Copyright Act, FEDERAL PROTECTION
Fixed
In a tangible form
The minute something is fixed…
It gets copyright protection
Feist Publications v Rural
Phone book, found their own information, it was fine cause it was just facts, not actual creative stuff
Copyright Exclusions
- nonhuman works
- government stuff
- useful items
- processes and discoveries
Benefits of Federal Copyright Registration
- get a public record of copyright claim (should be done in 5 years of publication)
- can bring infringement lawsuit (if registered three months within publication or before infringement, they can get statutory damages and attorney fees)
- recorded by US Customs and Border Protection
- international protection
US Copyright Office
- division of Library of Congress
- gives out registrations
- records transfers of ownership
- serves as a depository for materials
- administers statutory and compulsory licenses
- provides dispute resolution procedure (Copyright Claims Board)
8 Classes
- Literary
- Pictorial, graphic, and sculptural
- Musical
- Sound recordings
- Motion picture and audiovisual
- Dramatic works
- Pantomimes and choreographic works
- Architectural
Who can apply for copyright?
Author, owner, agent
Copyright Application
- type of work
- title
- date of completion and publication
- author
- rights and permissions
- certifications
Deposit materials for application
- 2 complete best copies within three months of publication to Library of Congress
Copyright Registration
- 8-13 months
- registration under Rule of Doubt
- reconsideration requests of denials
- public record
- optional use of C
Pre-registration
- unpublished work
- in preparation for commercial release
- placeholder to provide protection from infringement before registration or publication
Special Handling Request
- infringement dispute
- publishing deadline
Joint Ownership
- two or more authors
- contributions are inseparable or interdependent parts
- authors intended their contributions to merge into a single work
- each author has exclusive rights
- profits shared equally unless agreed otherwise
9 Specially Commissioned Categories
- Contribution to a collection work
- A compilation
- A translation
- A supplementary work
- Parts of a motion picture or audiovisual work
- An instructional text
- A test
- Answer material for test
- An atlas
Copyright Ownership and Duration
- single: 70 years after death
- joint: 70 years after last person’s death
- work for hire: 95 years from publication or 120 years from creation, whichever is shorter
- enters public domain after expiration
Current Copyright Terms
1988 Copyright Extension Act (Mickey Mouse Act)
Exclusive Rights of Copyright Owner
- can reproduce/copy the work
- prepare derivative works
- distribute the work
- public performance of work
- public display of work
Licenses and Assignments
- owner can license or assign any exclusive right
- can be made for one or more exclusive right
- can be bade to different entities
- can be limited in scope or duration
Copyright Clearance Center
- grants rights to reproduce and distribute copyrighted material
- grants licenses to use and reproduce work
- distributes fees collected to owners
Performing Rights Organizations
- grant music licenses and remit fees to owners
- collects royalties from public performances of work for owners
Termination of Assingments
- original owner can seek to terminate assignment after 36 years after assignment
- excludes works for hire and assignments by Will
- right can’t be waived
- original owner has to provide 2 year notice before termination
- has to be filed with Copyright office
Copyright Infringment
Using someone else’s copyrighted work in violation of their exclusive rights without permission
Proving infringement
- Ownership of work
- Impermissible use of work by dependent through direct or indirect evidence
Direct Evidence
Statements by defendant that they used the work
Indirect Evidence
Defendant had access to work and defendant’s work is substantially similar to Plaintiff’s work
Going to court for copyright infringement
Has to be registered with US Copyright office and three year statute of limitations period
Remedies to Infringement
- injunction
- impoundment of infringing work
- money damages (actuarial or statutory damages per work and costs and attorney fees)
- criminal sanctions under No Electronic Theft Act
Exceptions to Exclusive Rights Not Infringement
- Non commercial private performances and displays
- Reproductions and distributions by libraries and archives
- First Sale Doctrine
- Fair Use
6 Types of Fair Use
- Social commentary
- Criticism
- News
- Teaching
- Research
- Parody
Proving Fair Use
BALANCE TEST
Balance Test
- Purpose and character (commercial, no commercial, transformative)
- Nature of original copyrighted work (fictional or factual)
- Quantity and substantiality
- Harm of owner’s ability to market the product
Purpose and Character
Commercial, non commercial, transformative
Nature of original work
Fiction, facts, how much creativity, how original
Quantity and Quality
How much wast taken, how important was the part taken
Effect on the Market
Does it harm the copyright owner’s ability to market the product
What is still infringement?
- using work that has no copyright symbol
- using work while crediting the author
- using work for non commercial purposes
- paraphrasing work
- using minimal amounts of a work
Moral Rights for Visual Art
- VARA (Visual Artists Rights Act)
- Right of Attirbution
- Right of integrity
- Last for artist’s life
Right of Attribution
Right to be identified or prevent identification as creator
Right of integrity
Right to control modifications and destruction of work
Computers and Licensing
Computer programs and software are licensed to the purchaser; avoids first sale issue
Copyrightable Computer Literary Works
- computer programs
- websites
- apps
No copyright protection within computers
- ideas
- algorithms
- systems
- menus
- blank forms
Digital Millennium Copyright Act
- prohibits acts and sale of products used to go around copyright protection measures
- provides a safe harbor for Internet Service Providers for transmitting infringement content
DMCA More info
- ISP must not have actual knowledge of infringing content
- ISP must have procedure for removing content expeditiously once it has knowledge
- ISP must not receive direct financial benefit from infringing activity
VARA only protects…
Visual art
