COPYRIGHT
SECTION 102--
GIVES PROTECTION TO "ORIGINAL WORKS OF AUTHORSHIP FIXED IN ANY TANGIBLE MEDIUM OF EXPRESSION," i.e. INTELLECTUAL PROPERTY (BOOKS, POEMS, PHOTOGRAPHS, MUSIC, CHOREOGRAPHY, SCULPTURE, COMPUTER PROGRAMS, ETC.). THE PROTECTION IS GIVEN TO THE EXPRESSION OF AN IDEA, BUT NOT TO THE IDEA ITSELF.
SECTION 302--DURATION OF COPYRIGHT
WORKS CREATED BEFORE JAN. 1, 1978: 26 YEARS, RENEWABLE FOR ANOTHER 26 YEARS
1978 AMENDMENTS: LIFE OF THE AUTHOR PLUS 50 YEARS
[SONNY BONO] COPYRIGHT TERM EXTENSION ACT OF 1998 (CTEA): LIFE PLUS 70 YEARS
[WORKS MADE FOR HIRE: SHORTER OF 100 YEARS AFTER CREATION OR 75 YEARS AFTER THE FIRST PUBLICATION--after Sony Bono Act, 120 years and 95 years, respectively]
Eldred v. Ashcroft (2003)
*Is the CTEA" a rational exercise of the legislative authority conferred by the Copyright Clause?"
*Is the CTEA "a content-neutral regulation of speech?"
SECTION 106--PROTECTION EXTENDED TO THE COPYRIGHT OWNER
1. TO REPRODUCE THE COPYRIGHTED WORK IN COPIES OR PHONORECORDS
2. TO PREPARE DERIVATIVE WORKS BASED UPON THE COPYRIGHTED WORK
3. TO DISTRIBUTE COPIES OR PHONORECORDS OF THE COPYRIGHTED WORK TO THE PUBLIC BY SALE OR OTHER TRANSFER OF OWNERSHIP, OR BY RENTAL, LEASE, OR LENDING
4. IN THE CASE OF LITERARY, MUSICAL, DRAMATIC, AND CHOREOGRAPHIC WORKS, PANTOMINES, AND MOTION PICTURES AND OTHER AUDIOVISUAL WORKS, TO PERFORM THE COPYRIGHTED WORK PUBLICALLY
5. IN THE CASE OF LITERARY, MUSICAL, DRAMATIC, AND CHOREOGRAPHIC WORKS, PANTOMINES, AND PICTORIAL, GRAPIC, OR SCULPTURAL WORKS, INCLUDING THE INDIVIDUAL IMAGES OF A MOTION PICTURE OR OTHER AUDIOVISUAL WORK, TO DISPLAY THE COPYRIGHTED WORK PUBLICLY
SECTION 107--FAIR USE
NOTWITHSTANDING THE PROVISION OF SECTION 106, THE FAIR USE OF THE COPYRIGHTED WORK, INCLUDING SUCH USE BY REPRODUCTION IN COPIES OR PHONORECORDS OR ANY OTHER MEANS SPECIFIED BY THAT SECTION, FOR PURPOSES SUCH AS CRITICISM, COMMENT, NEWS REPORTING, TEACHING (INCLUDING MULTIPLE COPIES FOR CLASSROOM USE), SCHOLARSHIP, OR RESEARCH, IS NOT AN INFRINGEMENT OF COPYRIGHT. IN DETERMINING WHETHER THE USE MADE OF A WORK IN ANY PARTICULAR CASE IS A FAIR USE THE FACTORS TO BE CONSIDERED SHALL INCLUDE--
1. THE PURPOSE AND CHARACTER OF THE USE, INCLUDING WHETHER SUCH USE IS OF A COMMERCIAL NATURE OR IS FOR NONPROFIT EDUCATIONAL PURPOSES;
2. THE NATURE OF THE COPYRIGHTED WORK [1992 AMENDMENT: "THE FACT THAT A WORK IS UNPUBLISHED SHALL NOT ITSELF BAR A FINDING OF FAIR USE"];
3. THE AMOUNT AND SUBSTANTIALITY OF THE PORTION USED IN RELATION TO THE COPYRIGHTED WORK AS A WHOLE; AND
4. THE EFFECT OF THE USE UPON THE POTENTIAL MARKET FOR OR VALUE OF THE COPYRIGHTED WORK.
***
AN ACTION FOR COPYRIGHT INFRINGEMENT
*PL. IS THE OWNER OF THE COPYRIGHT
*DEF.'S WORK IS SUBSTANTIALLY SIMILAR
comprehensive literal similarity
comprehensive paraphrase
non-comprehensive literal similarity
non-comprehensive paraphrase
*DEF. HAD OPPORTUNITY TO COPY (ACCESS)
DEFENSES
PUBLIC DOMAIN
FAIR USE
***
CASES:
HARPER & ROW v. THE NATION (1985) pp. 480-482
SALINGER v. RANDOM HOUSE (2d Cir. 1987) pp. 484-486
CONTRIBUTORY INFRINGEMENT: "CONSTRUCTIVE KNOWLEDGE"--
the defendant knows, has reason to know, or
contributes to the infringing conduct of another.
UNIVERSAL CITY STUDIOS V. SONY (1984)
*technological innovation for time shifting
*capable of substantial noninfringing uses
*manufacturer/distributor did not have actual knowledge of or involvement with infringing users
VICARIOUS INFRINGEMENT--"profiting by direct infringement while declining to exercise a right to stop or limit it."
A & M RECORDS, INC. V. NAPSTER, INC. (N.D. Cal. 2000) p. 492
METRO-GOLDWYN-MAYER STUDIOS, INC. V. GROKSTER LTD. (2005)
Grokster and Streamfast provide free software which can be used to download copyrighted music and movies (peer-to-peer sharing).
^conflict between artistic protection and technological innovation
^contributory infringement: "intentionally inducing or encouraging direct infringement":
*internal documents
*kit delivered to advertisers containing articles about potential to takeover Napster functions
*internal e-mail: "We have put this network in place so that when Napster pulls the plug . . . or if a court orders them shut down . . . we will be positioned to capture the flood of their million users that will be actively looking for an alternative"
^vicarious infringement
*neither company tried to develop filtering tools to diminish the opportunity to infringe
*profit: "the more the software is used, the more ads are sent out and the greater the advertising revenue becomes."
NEW DEVELOPMENTS
Suing individual computer users for copyright infringement for sharing music online
Council of Fashion Designers of America lobbying Congress to extend copyright protection to clothing