Intro to IP Law: Fall 2003Professor Susanna Fischer

CLASS OF NOV 3 2003

PUBLIC PERFORMANCE/PUBLIC

DISPLAY• S. 106(4)

• 106(5)

• What is “public”?

• Specuial right for sound recording 106(6)

• Statutory limits: s. 110, various compulsory licenses (111, 119, 115, 116, 118, 114)

MORAL RIGHTS

• To what extent do these exist in U.S. copyright law?

• See s. 106A

Fair Use

• Affirmative Defense

What are the fair use factors?

What are the fair use factors?

• Purpose and character of the use

• Nature of the copyrighted work

• Amount and substantiality of the portion used in relation to the copyrighted work as a whole

• Effect on the market

• How were these applied in Harper & Row?

Campbell v. Acuff Rose

• How does the fair use defense apply to parodies?

Other Defenses?

Other Defenses?

• Independent Creation

• Consent/License

• Inequitable Conduct

• Copyright Misuse

• Illegal/Obscene Works (probably not valid in modern law)

• Statute of Limitations

“The Copyright Grab”?

• In the 1990s, there were a number of amendments to copyright law that affected digital copying. What were these?

“The Copyright Grab”?

• Record and Software Rental Amendments

• Audio Home Recording Rights Act of 1992

• Digital Performance Right in Sound Recordings of 1995

• No Electronic Theft Act of 1997

• Digital Millennium Copyright Act of 1988

• Copyright Term Extension Act of 1998

RIAA/MPAA and the Fight Against Digital Piracy

Hardware – e.g. Diamond Rio

Software – p2p, search engines, Napster

Universities

Businesses

Individuals