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Course: Copyright Winter 2004
School: unknown
Year: 2004
Professor: unknown
Course Outline provided by Legalnut.com

Copyright (C)

Intro

  1. Int'l

    1. Berne Convention

      1. Nat'l treatment

      2. Min.

    2. TRIPs

  2. Policy

    1. US 2 encourage creation 4 pub's benefit

    2. Int'l 4 author's personality

Subj Matter of C

  1. Work of Authorship

    1. Lit

    2. Musical w/words

    3. Drama w/music

    4. Pantomimes & choro

    5. Pictoral, graphic, & sculptural

    6. Movie & audiovisual

    7. Sound recording

    8. Arch.

    9. Not excl. but if new, try 2 fit under old categ.

  2. Subj Matter of C Reqts

    1. Section 102 Reqts

      1. Fixed in Tangible Medium (§101 def)

        1. Suff'ly stable & perm. 4 per. of more than transitory

        2. If not fixed, can use state law

        3. If fixed, then protected whether copies from fixed medium / not

        4. Only copies & phonorecords can B fixed (§101 def)

          1. Phonorecords R material obj. where sounds R fixed, except movie & tv sounds

          2. Copies R anything other than phonorecords

        5. Software loaded into RAM is fixation

      2. Orig. Authorship

        1. Only need indep. creation & orig. 2 author

        2. Min. degree of artistic needed 4 C

        3. Protect exp. of ideas

        4. Photo is orig. work of authorship & equiv. 2 writing

          1. Any rendering of aesthetic / intellect is writing

          2. Creative dec's make photos orig.

    2. Unprotected Things

      1. Facts

        1. But fact compile & orig. works 4 partic. factual narrative protectible

        2. Can take facts from other bks

      2. Ideas

      3. Idea / Expression Merger Doc.

        1. No C if only limited # of ways 2 exp. ideas

        2. Split on protection

          1. If idea merge into exp., not protect

          2. If idea merge into exp., protect against verbatim / near it

        3. Gen'ly pract'al oriented work / simple visual work

        4. In series of abstraction, pt when not protect 4 nonlit'al taking of play, etc.

      4. Scenes A Faire

        1. Stock scenes / scenes that flow nec'ly

      5. Theories

        1. Speculation from facts not protected

    3. Compilation & Derivative Work: §103)b

      1. C can protect work empl'ing preexisting material so can compile / derive

      2. Compile when select, arr., / collect stuff

      3. Derivative work where contrib. something 2 pub. domain work 2 change

        1. P must contrib. more than trivial variation

        2. Might factor in artistic skill & choice

    4. Computer Prog's

      1. Can B protected as lit. works

      2. Weak protection 4 computer prog's structure in nonlit'al copying

        1. Abstraction: Isolate gen. stuff from P's prog.

        2. Filtration: Imp. Step 2 Filter Out Unprotectible Elements

          1. Ideas

          2. Eff. elements: like idea exp. merger consid. of monopoly

          3. External factors 2 prog.: like scenes a faire doc. of stand's

          4. Pub. domain

        3. Comparison of protected material & relative imp. 2 prog. as whole

      3. Weak Protection 4 User Interface

        1. Desire 4 stand. which causes prob. 2 protect user interface

          1. Driving policy rsns on eff., users' investment, monopoly

        2. Analysis

          1. P ID's what's similar

          2. C'ed work dissected 4 unprotected from protected

          3. Def scope of C

            1. In lit'al copying, still not infring. b/c unprotected method of operation (§102)b)

    5. Useful Articles in Pictorial, Graphic & Sculptural

      1. Stand.

        1. Stt §101 says C 4 useful articles only 2 extent such design can B ID'ed sep'ly from / exist indep'ly from utilitarian aspect

        2. Not protect ind'al design but protect applied art

      2. Phys / Conceptual Sep'ability: Shape ID'ed from utilitarian fn

        1. Phys. sep. like lamp & statue

        2. Conceptual sep. by seeing extent 2 which work reflect artistic exp. uninhibited by fn'al consid.

        3. HR & §113)b says not prevent others from incorp'ing design into useful article unless sep'able from utilitarian aspect 4 C in pictorial, graphic / sculpt.

Excl Rts & Infring.

  1. Excl Rts: §106

    1. Reprod

      1. Copies / phonorecords

      2. Only req's subst'l similarity

    2. Rt 2 Prep. Derivative

    3. Dist.

      1. Can dist. copies & phonorecords 2 pub.

      2. Can rent but not 4 sound recording / computer prog.

      3. Doc of 1st sale §109 says owner of lawfully made copy can sell / dispose

    4. Rt 2 Perf. Pub'ly

      1. Not incl. sound recording / phonorecords

      2. Exemption 4 ed'al use by §110)1 & 2

    5. Rt 2 Disply C'ed Work Pub'ly

      1. Can disply / hang in 1 place b/c only infring. if project 2 2 places (§109)c)

  2. Term: Life of Author + 50 Yrs

  3. Infring

    1. Section 501

      1. Infring. if viol. any of C owner's excl rt

    2. Three Part Analysis (4 exam purposes)

      1. P owns C

      2. D copied work

        1. Dir evid. of D's admission / testimony

        2. Circ'al evid.

          1. Access +

          2. Probative / subst'l similarity but if striking similarity so precl. possibility of indep. creation, no access proof req'ed

        3. If exact coyping incl'ing unprotected stuff, then infring. but if nonlit'al, go 2 step 3

      3. Improper approp.

        1. Total concept & feel rxn of ord. observer of intended audience

        2. Protected / unprotected elements / subst'l similarity btwn protected elements

  4. Fair Use Exception 2 C Rt: §107

    1. Def.

      1. Privilege 2 use C'ed material in rsbl matter w/o owner's consent

    2. Factors

      1. Charact. & purpose of use

        1. News

        2. Comm'l v. non profit use

        3. Scoop / bad faith 2 supplant 1st publ. rt.

        4. Transformity nat. (parody)

      2. Nat. of C'ed work

        1. Core of work (parody)

          1. Fxn over fact, creation over fact compile, & publ. over unpubl. more protected

        2. Unpubl'ed (§107 only a factor, not det.)

      3. Amt & subst'lity used: Imp. factor

        1. Justif. as well as how much b/c factors looked @ together (parody)

      4. Effect on mkt: Imp. factor

        1. Fair use if not materially impair mkt'ability of C'ed work

        2. Derivative mkt (parody)

    3. Parody: Cite 2 Parody Cases

      1. Hospitable 2 parody & transformative use

    4. Rev. Engr. of Computer Prog. OK If

      1. Disassembly only way 2 gain access 2 computer prog's idea & fn'al stuff +

      2. Legit rsn 2 do it

Formalities

  1. C Notice: §401

    1. C , Yr, Name

    2. Three Per's

      1. Before 1/1/78, publ. w/o notice would put it in pub. domain unless limited publ. doc.

        1. Limited publ. doc. where can dist. w/o losing C if only 2 def'ly selected group 4 limited purpose w/o rt of defusion, repro, / sale

      2. Decennial per. of 1/1/78 - 3/1/89 where w/o notice, then save by stt.

      3. After 3/1/89, w/o notice ok

  2. Reg

    1. Not Req'ed Except 4 Suing 4 US Work

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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