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Copyright (C) Intro
Int'l Berne Convention Nat'l treatment Min.
TRIPs
Policy US 2 encourage creation 4 pub's benefit Int'l 4 author's personality
Subj Matter of C
Work of Authorship Lit Musical w/words Drama w/music Pantomimes & choro Pictoral, graphic, & sculptural Movie & audiovisual Sound recording Arch. Not excl. but if new, try 2 fit under old categ.
Subj Matter of C Reqts Section 102 Reqts Fixed in Tangible Medium (§101 def) Suff'ly stable & perm. 4 per. of more than transitory If not fixed, can use state law If fixed, then protected whether copies from fixed medium / not Only copies & phonorecords can B fixed (§101 def) Phonorecords R material obj. where sounds R fixed, except movie & tv sounds Copies R anything other than phonorecords
Software loaded into RAM is fixation
Orig. Authorship Only need indep. creation & orig. 2 author Min. degree of artistic needed 4 C Protect exp. of ideas Photo is orig. work of authorship & equiv. 2 writing Any rendering of aesthetic / intellect is writing Creative dec's make photos orig.
Unprotected Things Facts But fact compile & orig. works 4 partic. factual narrative protectible Can take facts from other bks
Ideas Idea / Expression Merger Doc. No C if only limited # of ways 2 exp. ideas Split on protection If idea merge into exp., not protect If idea merge into exp., protect against verbatim / near it
Gen'ly pract'al oriented work / simple visual work In series of abstraction, pt when not protect 4 nonlit'al taking of play, etc.
Scenes A Faire Stock scenes / scenes that flow nec'ly
Theories Speculation from facts not protected
Compilation & Derivative Work: §103)b C can protect work empl'ing preexisting material so can compile / derive Compile when select, arr., / collect stuff Derivative work where contrib. something 2 pub. domain work 2 change P must contrib. more than trivial variation Might factor in artistic skill & choice
Computer Prog's Can B protected as lit. works Weak protection 4 computer prog's structure in nonlit'al copying Abstraction: Isolate gen. stuff from P's prog. Filtration: Imp. Step 2 Filter Out Unprotectible Elements Ideas Eff. elements: like idea exp. merger consid. of monopoly External factors 2 prog.: like scenes a faire doc. of stand's Pub. domain
Comparison of protected material & relative imp. 2 prog. as whole
Weak Protection 4 User Interface Desire 4 stand. which causes prob. 2 protect user interface Driving policy rsns on eff., users' investment, monopoly
Analysis P ID's what's similar C'ed work dissected 4 unprotected from protected Def scope of C In lit'al copying, still not infring. b/c unprotected method of operation (§102)b)
Useful Articles in Pictorial, Graphic & Sculptural Stand. 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 Not protect ind'al design but protect applied art
Phys / Conceptual Sep'ability: Shape ID'ed from utilitarian fn Phys. sep. like lamp & statue Conceptual sep. by seeing extent 2 which work reflect artistic exp. uninhibited by fn'al consid. 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.
Excl Rts: §106 Reprod Copies / phonorecords Only req's subst'l similarity
Rt 2 Prep. Derivative Dist. Can dist. copies & phonorecords 2 pub. Can rent but not 4 sound recording / computer prog. Doc of 1st sale §109 says owner of lawfully made copy can sell / dispose
Rt 2 Perf. Pub'ly Not incl. sound recording / phonorecords Exemption 4 ed'al use by §110)1 & 2
Rt 2 Disply C'ed Work Pub'ly Can disply / hang in 1 place b/c only infring. if project 2 2 places (§109)c)
Term: Life of Author + 50 Yrs Infring Section 501 Infring. if viol. any of C owner's excl rt
Three Part Analysis (4 exam purposes) P owns C D copied work Dir evid. of D's admission / testimony Circ'al evid. Access + Probative / subst'l similarity but if striking similarity so precl. possibility of indep. creation, no access proof req'ed
If exact coyping incl'ing unprotected stuff, then infring. but if nonlit'al, go 2 step 3
Improper approp. Total concept & feel rxn of ord. observer of intended audience Protected / unprotected elements / subst'l similarity btwn protected elements
Fair Use Exception 2 C Rt: §107 Def. Privilege 2 use C'ed material in rsbl matter w/o owner's consent
Factors Charact. & purpose of use News Comm'l v. non profit use Scoop / bad faith 2 supplant 1st publ. rt. Transformity nat. (parody)
Nat. of C'ed work Core of work (parody) Fxn over fact, creation over fact compile, & publ. over unpubl. more protected
Unpubl'ed (§107 only a factor, not det.)
Amt & subst'lity used: Imp. factor Justif. as well as how much b/c factors looked @ together (parody)
Effect on mkt: Imp. factor Fair use if not materially impair mkt'ability of C'ed work Derivative mkt (parody)
Parody: Cite 2 Parody Cases Hospitable 2 parody & transformative use
Rev. Engr. of Computer Prog. OK If Disassembly only way 2 gain access 2 computer prog's idea & fn'al stuff + Legit rsn 2 do it
Formalities
C Notice: §401 C , Yr, Name Three Per's Before 1/1/78, publ. w/o notice would put it in pub. domain unless limited publ. doc. 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
Decennial per. of 1/1/78 - 3/1/89 where w/o notice, then save by stt. After 3/1/89, w/o notice ok
Reg Not Req'ed Except 4 Suing 4 US Work
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