Fund Concepts Flashcards
Constitutional source of Copyright?
Article 1, Section 8, Clause 8
Congress shall have the power to promote the Progress of Science (learning), by securing for limited times, to Authors, the exclusive Right to their Writings.
Copyright subject matter statute
17 USC 102(a)
8 non-exclusive 102(a) categories
Literary works, musical works (and lyrics), dramatic works (and music), pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; architectural works
Two copyright eligibility requirements
Originality and Fixation
4 Rationales for copyright
Utilitarian, natural rights (labor & personhood), democratic society, trade-related
Statute for needing to register US works to sue
17 USC 411
Statute for prompt registration allowing attorney’s fees & statutory damages
17 USC 412
Statute: deposit technically mandatory for US works, but rarely enforced except as registration precondition
17 USC 407
Berne Convention
Major international treaty. US joined in 1989. Sets minimum protection standards; hates formalities.
Trade Related Aspects of IP Rights Agreements (TRIPS) - 1994
Must comply with to be a WTO member. Mostly incorporated Berne, but created a dispute resolution mechanism. Wanted to incentivize developing countries to protect IP in exchange for trade benefits
WIPO Treaty - 1996
Mostly dealt with digital works & ISPs
Definition of “fixed in a tangible medium of expression” from 101
Embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than a transitory duration. [Broadcast fixed if simultaneous]
“Copy” definition from 101
Material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
Garcia v. Google holding
Actors have no copyright in public performances
Williams Electronics Holding
Arcade games sufficiently fixed as AV works because permanently embodied in the game’s memory devices. Player participation doesn’t matter b/c gameplay sufficiently similar each time.
