Introduction to Intellectual Property Sources include: “ Introduction to Intellectual Property Rights,” U.S .Dept of State www.usinfo.state.gov/products/pubs/inteprp and “ Copyright Basics,” U.S. Copyright Office www.copyright.gov/circs/circ1.html
Article I, Section 8: “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."
The Patent Bill of 1790 enabled the government to patent "any useful art, manufacture, engine, machine, or device, or any instrument thereon not before known or used."
Not discoveries of nature
The Copyright Act of 1790
covered books, maps and charts
14-year term of protection, renewable once if the author is still alive
To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
To display the copyrighted work publicly , in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
Copyright must be registered and document deposited
“ An original work of authorship fixed in a tangible medium of expression”
Literary works, including computer programs
Musical works and lyrics
Pantomimes and choreographic works
Pictoral, graphic, and sculptural works
Motion pictures and audiovisual works
Life of author plus 50 years
Copyright exists from the moment “it is fixed in a copy … for the first time”
Sec. 107. - Limitations on exclusive rights: Fair use
… the fair use of a copyrighted work … 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 … 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
This factor is a chameleon. Under some circumstances, it weighs more than all the others put together. Under other circumstances, it weighs nothing! It depends on what happened with the first three factors.
This factor asks, "If the use were widespread, would the copyright owner be losing money?" Well, actually, it asks, "If the use were widespread, and the use were not fair , would the copyright owner be losing money?" After all, if the use were fair, the copyright owner would not be entitled to any money at all, so he couldn't "lose" what he never would have had to begin with.