Copyrights

Copyright Definition 17 U.S.C. 102 C’

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

Copyright Definition 17 U.S.C. 102 C’

– (1) literary works;– (2) musical works, including any accompanying words;– (3) dramatic works, including any accompanying music;– (4) pantomimes and choreographic works;– (5) pictorial, graphic, and sculptural works;– (6) motion pictures and other audiovisual works;– (7) sound recordings; and– (8) architectural works.

Copyright Definition 17 U.S.C. 102

(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

How long should copyright protection last?

How long should copyright protection last?

Is there a policy difference for copyrights lasting much longer than patents, trademarks, or revealed trade secrets?

Copyright protection longevity 17 U.S.C. 302

Life of author plus 70 yearsCo-authors - life of longest author and 70 yearsAnonymous Works, Pseudonymous Works, and Works Made for Hire.—In the case of an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of ninty-five years from the year of its first publication, or a term of one hundred and twenty years from the year of its creation, whichever expires first.

17 U.S.C. § 301. Preemption with respect to other laws

– 17 U.S.C. § 301 As of January 1, 1978, all copyrights are covered by federal law.

– Thereafter, no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.

– Contrast this with trademarks… Why the difference?

17 U.S.C. § 103. Subject matter of copyright: Compilations and

derivative works(a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.

Copyright: compilations and derivative works

– The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material.

– The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

Fair Use

What does this term mean?

17 U.S.C. § 107. Limitations on exclusive rights: Fair use

– Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by 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.

Fair use con’t

– 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;(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.

Fair use con’t

– The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Library use C

Libraries can make limited numbers of copies pursuant to several statutory restrictions

Library use C’

17 U.S.C. 108 (f)(1) Nothing in this section:– (1) shall be construed to impose liability for copyright

infringement upon a library or archives or its employees for the unsupervised use of reproducing equipment located on its premises: Provided, That such equipment displays a notice that the making of a copy may be subject to the copyright law;

Library use C

17 U.S.C. 108 (f)(1) Nothing in this section:– (2) excuses a person who uses such reproducing

equipment or who requests a copy or phonorecord under subsection (d) from liability for copyright infringement for any such act, or for any later use of such copy or phonorecord, if it exceeds fair use as provided by section 107;

Educational use

– 17 U.S.C. 110 (a)(1)– Notwithstanding the provisions of section 106, the following

are not infringements of copyright: (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, ...

– Had you wondered whether your professor was legal???– There are several provisions and exceptions dealing with

educational performance and broadcasting

Religious

– 17 U.S.C. 110(a)(3)– performance of a nondramatic literary or musical

work or of a dramatic-musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly; (emphasis added)

News

– 17 U.S.C. § 113. Scope of exclusive rights in pictorial, graphic, and sculptural works

• (c) In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports. (remember library exception for news?)

Software C’

– 17 U.S.C. 109(b)(4) Any person who distributes a phonorecord or a copy of a computer program (including any tape, disk, or other medium embodying such program) in violation of paragraph (1) is an infringer of copyright under section 501 of this title and is subject to the remedies set forth in sections 502, 503, 504, 505, and 509. Such violation shall not be a criminal offense under section 506 or cause such person to be subject to the criminal penalties set forth in section 2319 of title 18.

Software

– 17 U.S.C. § 117. Limitations on exclusive rights: Computer programs– (a) Making of Additional Copy or Adaptation by Owner of

Copy.—Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided: (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or (2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful. (emphasis added)

17 U.S.C. § 105. Subject matter of copyright: United States Government

worksCopyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.

Civil Remedies

In civil actions, the owner of the copyright may obtain the following remedies from the infringer:•injunctive relief against the infringer,•impoundment and destruction of the infringing copies,•damages suffered by the copyright owner and profits realized by the infringer,and•costs of litigation and reasonable attorney’s fees.

Criminal Penalties

The penalties for criminal infringement are considerably more severe than the civil remedies forcopyright infringement. The Copyright Act defines “criminal copyright infringement” asinfringement done “willfully and for purposes of commercial advantage or private financial gain,”or“by the reproduction or distribution, including by electronic means, during any 180-day period, of 1or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value ofmore than $1,000.”

Criminal Penalties include:

•forfeiture and destruction of the infringing copies,•imprisonment,

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