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Chapter 7: Chapter 7: Fundamental Aspects of Fundamental Aspects of
Copyright ProtectionCopyright Protection
Chapter 7: Chapter 7: Fundamental Aspects of Fundamental Aspects of
Copyright ProtectionCopyright Protection
BUS 297BUS 297
Craig Renteria Craig Renteria
Jessie LockhartJessie Lockhart
Introduction
Copyright Ownership
Copyright Principles & Protection
Licensing Copyrights
History & Expansion of Copyright Laws
Copyright Act
Templates
Main TopicsMain Topics
Copyright Types & Exceptions
Infringement & Remedies
To protect the creative investments of authors and artists from those who otherwise might profit from simply copying their works
cop·y·rightcop·y·right [kop-ee-rahyt]
The exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.
IntroductionIntroduction
History of Copyright LawsHistory of Copyright Laws
1709: First known copyright
statuteThe British
Statute of Anne (did not apply to
America)
Prior to 1783:
Three limited Copyright Acts in the
U.S.
1783: The
Continental Congress
(Resolution)
Mid 1780’s: States enact own
copyright statutes
1790: Copyright
Act of 1790
(First Federal Copyright Act)
1831: Copyright
Act of 1831
1909: Copyright
Act of 1909
1954/1971: Universal Copyright
Convention
1886: Berne
Convention (International
Copyright Protection)
1834: Supreme
Court Ruling in
Wheaton v. Peters
1976: Copyright
Act of 1976
1998: Copyright
Term Extension
Act
Expansion of U.S. Copyright LawExpansion of U.S. Copyright Law
A few principles to follow:A few principles to follow:
Protects only the expression of ideas, but not the ideas themselves
Protection lasts only for a limited period of time
When expires work enters the public domain
A person who lawfully obtains a copy of a copyrighted work may freely sell / transfer that copy
Individuals may make a fair use of a copyrighted work when the circumstances provide substantial public benefits without sacrificing creative incentives
Copyright PrinciplesCopyright Principles
What may be protected by Copyrights?What may be protected by Copyrights?
Original Expressions
Copyright ProtectionCopyright Protection
‘Original’ to the extent that it exhibits some personal creative effort (even if it only encompasses a very minimal amount of personal creativity.Example: Feist Publications, Inc. v. Rural Telephone Service
Facts are not copyrightable (even if time and effort went into obtaining the facts)
U.S. Supreme Court overruled the lower courtsOnly protects expressionsDoesn’t protect ideas, but it does protect the ways of expressing the idea
What may be protected by Copyrights?What may be protected by Copyrights?
Databases
Copyright ProtectionCopyright Protection
European Union (EU) Directive
Different from that of U.S. copyright principles because it established a separate legal right in the contents of databases
15 years from the date the database is made available to the public
“Sweat-of-the-brow” theory
What may be protected by Copyrights?What may be protected by Copyrights?
Product Design (Debate)
Copyright ProtectionCopyright Protection
Do you recognize these brands?Do you recognize these brands?
Question.. should they be copyrighted?
What may be protected by Copyrights?What may be protected by Copyrights?
Product Design
Copyright ProtectionCopyright Protection
Some products have status of being works of art
Protection of useful items into doubt
Louis Vuitton Case
Why not Patent Designs?o Numerous hurdleso Expensive and time consuming
Copyright Act (http://copyright.gov)Copyright Act (http://copyright.gov)
Provides definitions from A to Z (“anonymous work” to “WTO agreements”) of items covered under the Copyright Act
44
Lists copyright protection subsists and categories covered by works of authorship
Provides that pictoral, graphic, and sculptural works are capable of copyright protection.
Section 102: Subject matter of copyright – in general
Section 101: Definitions
44
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Rights Provided by CopyrightRights Provided by Copyright
44
Section 106: The Basic Exclusive Rights
Reproduce (most important privilege)o Cannot copy without permission (not entire work, just the expression)
Prepare derivative works, compilations, and collective workso Transformation or adaptation of the protected worko Translationo Dramatizationo Motion pictureo Sound recordingo Distribute copieso Perform publiclyo Digitally transmit sound recordings (most recently adopted)o Display publicly
• The internet has made these even more important (music/movies)
44
Rights Provided by CopyrightRights Provided by Copyright
44
Licensing and Transferring Exclusive Rights
Copyright gives the holder exclusive rightso To make copies of and improvements to the worko To distribute the work and display publicly
Licensing allows others any or all exclusive rightso Permission to make copies and distributeo Permission to make a derivative work
Have complete control over the set of protected rights
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Provides a middle ground between:
*The basic copyright system (reserves all rights until parties explicitly negotiate licenses) and…
*The public domain (complete freedom to use material)
Creative CommonsCreative Commons
Copyright owners have significant control over how they choose to parcel out their rights to other people
Licensing Copyright PrivilegesLicensing Copyright PrivilegesLicensing Copyright PrivilegesLicensing Copyright Privileges
Challenge is figuring out who is owner, finding them, getting contact, and negotiating
Creative CommonsCreative Commons
Allows others to freely use a copyrighted work, but reserves certain rights under specified conditions.
To reserve these rights, the copyright owner makes selection among four different parameters:
(1) Attribution(2) Noncommercial(3) No Derivative Works(4) Share Alike
Look for “CC” (plus icons to represent the parameters)
Licensing Copyright PrivilegesLicensing Copyright PrivilegesLicensing Copyright PrivilegesLicensing Copyright Privileges
Creative CommonsCreative Commons
VIDEO CLIP:VIDEO CLIP:www.creativecommons.org
Licensing Copyright PrivilegesLicensing Copyright PrivilegesLicensing Copyright PrivilegesLicensing Copyright Privileges
PC Users: MAC Users:
Open-Source SoftwareOpen-Source Software
Allows software developers to improve and distribute computer programs without costly copyright negotiations & licensing fees
Released with a license that authorizes recipients to improve and redistribute the software under specified terms
Encourages collaboration, which in turn will lead to standardized software systems which will maximize efficiency, innovation, and productivity
Most popular is the General Public License (GPL software)
Licensing Copyright PrivilegesLicensing Copyright PrivilegesLicensing Copyright PrivilegesLicensing Copyright Privileges
Digital Performance Right in Sound Recordings Act (DPRA)Digital Performance Right in Sound Recordings Act (DPRA)
Customers pay a fee, but do not select the sound recordings that are delivered over the service (Pandora) Negotiate licenses with the studios Pay a statutorily defined royalty fee
Enable customers to request particular selections for a fee (New Napster) Must negotiate individual licenses with the sound recording copyright owner
No fee is paid to receive the transmission (AM/FM)(3) Non-Subscription
Transmissions
(2) Interactive Services
(1) Subscription Transmission
Separates digital transmissions into three types:
WebcastingWebcasting
DPRA was passed before Webcasting became significant
Digital Millennium Copyright Act (DMCA) – 1998o Created new statutory license fees that must be paid by nonsubscription
and non-interactive Internet webcasting services
Two Issues were raised(1) Does the Fee Apply to Over-The-Air Broadcasters?
o At first no, but in 2000, it was determined that radio stations must pay statutory license fees for streaming over the internet
(2) How Much Money Do Webcasters Have to Pay?o 2008 - Webcasters negotiated the fees with Sound Exchangeo Arrangements rely on formulas that differ in their termso Smaller Webcasters pay lower feeso Certain subscription services like Pandora, treated the same as the
over-the-air broadcasters
Fair Use & Other Exceptions to CopyrightFair Use & Other Exceptions to Copyright
First Sale Doctrine - If you own a copy of a protected work, you may distribute that copy without permission from the copyright holder
Fair-Use Exceptions - Copyrights provide broad rights; may be occasions when strict application of those rights interfere with public interest
Fair Use is based on an evaluation of the following factors: Purpose of the Use
o more likely to be fair if used for educatingo not likely if primarily for private commercial benefit
Nature of the Worko Easier to make a fair use of utilitarian or factual works (vs. fiction)
Amount and Substantiality Usedo Should be relatively small, especially if use is made of qualitatively
important materials Market Effect
o Effect on the potential market for the copyrighted work is often the decisive determinant
o If it reduces profitability of the copyrighted then not fair use
Anti-Plagiarism ServicesAnti-Plagiarism ServicesAnti-Plagiarism ServicesAnti-Plagiarism Services
Turnitino Used to flag written work that relies too heavily on
uncredited sourceso Copies student papers and includes them to prevent
unethical sharing within university communities
Students sued Turnitin for copying their works and including them in the Turnitin database
Appeals court ruled that Turnitin’s service makes fair use of the paperso Necessary to make service effectiveo No market effect on the value of the students’ works
Example – owning a booko You are the ownero But cannot make copies or prepare derivatives
Only the owner of a copyright enjoys the privileges of a copyright
Copyright OwnershipCopyright OwnershipCopyright OwnershipCopyright Ownership
Owner is the author of the worko Can license to others the right to enjoy any or all of the rightso Can assign ownership to any or all of the rights
Unless agreed upon in a written agreement (and signed by both parties), the employer owns all of the rights comprised in the copyright
Exception to the general copyright rule
Copyright OwnershipCopyright OwnershipCopyright OwnershipCopyright Ownership
The employer or other person for whom the work was prepared is considered the initial owner for purposes of the work
Works Made for HireWorks Made for Hire
Exhibit 7.2 on page 246
Copyright OwnershipCopyright OwnershipCopyright OwnershipCopyright Ownership
Works Made for HireWorks Made for Hire
Each person must contribute original expression & simply ideas Each must contribute more than a de minimis amount of expression If joint ownership, profits must be shared
Copyright OwnershipCopyright OwnershipCopyright OwnershipCopyright Ownership
Joint WorksJoint Works
Moral RightsMoral Rights
Right to integrity - Prevent others from mutilating versions of a work Right to Paternity or Attribution - ensure owner receives proper credit Congress Amended Copyright Act in 1990 so that it protects the moral rights of visual artists. Moral rights on the rise in the U.S. and around the world
How to Obtain Copyright ProtectionHow to Obtain Copyright Protection
Inexpensive and easy to obtain Requirements…. NONE!!! Copyright protection shall be subject to no
formalities
Registration and Deposit Three Requirements
(1) Complete short form with general information(2) Deposit one or two copies of the work in its
entirety(3) Payment of a $35 fee
How to Obtain Copyright ProtectionHow to Obtain Copyright Protection
Why do it then?
Should there be a dispute, the registration carries substantial evidentiary weight in court
Improve ones ability to be compensated for copyright infringement (not eligible to sue for statutory damages unless they have registered the work
Requires the infringer to compensate the copyright owner for attorneys’ fees and costs
Copyright NoticeCopyright Notice
Although not necessary, it is a good idea to place the proper notice on copyrighted material
“Innocent Infringement” - If no copyright notice, an infringer might claim they were unaware there was a copyright on the expression
Ensures full compensation for acts of infringement
Should be placed in a spot that can be reasonable seen
Example: © 2011 Jessie Lockhart
Duration of Copyright ProtectionDuration of Copyright ProtectionDuration of Copyright ProtectionDuration of Copyright Protection
General Rule – Long as the author lives PLUS 70 years thereafter
Important Exception in works made for hire…
Last for 120 year from the date of creation or 95 years from the year of first publication (whichever expires first)
Political power grab? Supreme Court said Congress acted
within its constitutional authority Copyright Term Extension Act (CTEA)
The Substantial Similarity StandardThe Substantial Similarity Standard
Proof That the Work was Copied A work does not have to by an exact replica to be a copy; it
only has to be substantially similar to the original
Proof That Expression Was Illicitly Copied The owner must show that the expression in the allegedly
infringing work is substantially similar to the protected expression in the copyrighted work
InfringementInfringement and Remedies and RemediesInfringementInfringement and Remedies and Remedies
Infringement and Infringement and RemediesRemediesInfringement and Infringement and RemediesRemedies
Remedies The successful copyright claimant may benefit from
court-imposed injunctions
Copyright owner can sue for actual damages and the infringer’s profits
If appropriately registered, the owner can also receive statutory damages, and attorneys’ fees and court costs
Templates
THANK YOU!!!THANK YOU!!! THANK YOU!!!THANK YOU!!!
QUESTIONS?QUESTIONS?QUESTIONS?QUESTIONS?
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