The Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
1790 -- books and maps for 14 years
1802 -- prints
1831-- musical compositions
1865 -- photographs
1870 -- paintings
1978 -- sound and video recordings
1995 -- digital performance right in sound recordings
original works of authorship as soon as they become fixed in a tangible form of expression
What about my photo of the Golden Gate Bridge?
Does not need to be novel or distinctive.
Feist Publications v. Rural Telephone Service
Copyright is a Bundle of Rights
Think a pack of matches
May be divided by type of right, time and territory.
One “Work” May Contain Numerous Copyrights
underlying musical compositions
Community for Creative Non-Violence v. Reid
Term of Copyright post-1978 works
Authors -- life plus 70
Work-for-hire -- 95/120
Joint works -- life of last author plus 70
Copyright Law has its Limitations.
WHAT YOU CANNOT COPYRIGHT
Lists and tables from public documents or common information
No Copyright Protection for . . .
( but these may be protected by other law)
Copyright protection is automatic.
However, registration is both easy and advantageous.
File appropriate form and fee with U.S. Copyright Office.
Advantages of Registration
Establishes a public record
Must register before can sue
If register before or within 5 years of publication, copyright presumed valid
If register within 3 months of publication may get statutory damages and attorney’s fees
may also seek import protection with U.S. Customs
5 Exclusive Rights
prepare derivative works
perform work except sound recordings
sound recordings: perform by means of a digital audio transmission
Right to attribution – artist may control use of name in association with the work
Right to integrity – artist’s right to control alterations and prevent distortion or destruction of the work
Visual Artists Rights Act (1990)
Applies only to paintings, drawings, prints, sculptures, exhibition photographs
Only if single copy or limited edition 200 or fewer copies
Does not apply to works made for hire
Works of authorship – term limited to life of artist
Any violation of one of the exclusive rights
Prove have valid copyright.
Prove substantial similarity.
Prove access to copyrighted work.
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. 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. 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.
Purpose and character of use
Nature of copyrighted work
Portion of work used
Basic Books, Inc. v. Kinkos (1991)
The Kinko’s case.
Kinko’s guilty of copyright infringement for coursepack publishing.
Did not obtain permissions.
Copied materials ranged from 14 to 110 pages and from 5% to 24% of the works.
Big judgment, attorneys fees and injunction.
Internet Existing law will be applied until new laws are established.