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12Class NameInstructor NameDate, SemesterCyberlaw T
1. 12
Class Name
Instructor Name
Date, Semester
Cyberlaw: The Law of the Internet and Information Technology
1st Edition
Brian Craig
Chapter 2:
Copyright Law in the Digital Age
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12
Class Name
Instructor Name
Date, Semester
LEARNING OBJECTIVES
After this lecture, you should:
Cont’d
2.1
2.2
2.3
Compare and contrast copyright law with other areas of
intellectual property law.
Explain the scope of copyright protection for websites and
software
2. Describe the benefits of copyright notice and copyright
registration
*
12
Class Name
Instructor Name
Date, Semester
LEARNING OBJECTIVES
After this lecture, you should:
2.4
2.5
Discuss the four fair use defense factors and how courts apply
these factors in a copyright infringement action.
Explain the major provisions of the Digital Millennium
Copyright Act (DMCA)
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*
3. Learning Objective
After this lecture, you should be able to:
2.1
Compare and contrast copyright law with other areas of
intellectual property law
*
*
2.1
Intellectual PropertyIntellectual Property: A category of
intangible rights protecting commercially valuable products of
the human intellect that comprises primarily copyright,
trademark, patent, and trade secret rights. Copyright: Protection
granted to authors of original works of authorship, fixed in a
tangible form.Trademark: A word, name, symbol or devise used
to indicate origin, quality, and ownership of a product or
service. Patents: Grant of right to exclude another from making,
using, selling, or importing a patented invention or
discoveryTrade Secrets: Any valuable business information that
if known by a competitor would afford the competitor some
advantage.
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Learning Objective
After this lecture, you should be able to:
4. 2.2
Explain the scope of copyright protection for websites and
software.
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*
2.2
Copyrights for Websites and SoftwareWeb design, text, images,
photographs, midi files, clipart, and audio associated with
websites: protectedSoftware: generally protectedVideo games:
protected
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2.2
Derivative WorksDerivative works: work based on a preexisting
work (e.g. movie based on novel)
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*
2.2
Duration of CopyrightsDuration of copyrights: Generally for
6. 2.3
Copyright registration is voluntaryCopyright registration is
voluntaryAdvantages: pre-requisite to copyright infringement
lawsuit, entitlement to statutory damages, legal costs, and
attorneys’ fees, establish public recordRegistration with U.S.
Copyright Office
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*
Learning Objective
After this lecture, you should be able to:
2.4
Discuss the four fair use defense factors and how courts apply
these factors in a copyright infringement action.
*
*
2.4
Fair Use Defense FactorsPurpose and character of the useNature
of the copyrighted workAmount of the work usedEconomic
impact of the use
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7. 2.4
Fair Use DefenseTransformative use: use of copyrighted
material in a manner that differs from the original use in such a
way that the expression, meaning, or message is essentially new
*
*
Learning Objective
After this lecture, you should be able to:
2.5
Explain the major provisions of the Digital Millennium
Copyright Act
*
*
2.5
Digital Millennium Copyright Act (DMCA)Purpose: protect
copyright owners and respond to the increase in populari ty and
usage of digital contentSafe harbor provision: allows websites
and internet service providers to avoid liability for copyright
infringement after receiving DMCA complaint
8. *
12
Class Name
Instructor Name
Date, Semester
Cont’d
Chapter Summary
2.1
2.2
2.3
Compare and contrast copyright law with other areas of
intellectual property law.
Explain the scope of copyright protection for websites and
software
Describe the benefits of copyright notice and copyright
registration
*
12
Class Name
Instructor Name
Date, Semester
Chapter Summary
2.4
2.5
Discuss the four fair use defense factors and how courts apply
these factors in a copyright infringement action.
9. Explain the major provisions of the Digital Millennium
Copyright Act (DMCA)
*
12
Class Name
Instructor Name
Date, Semester
Cyberlaw: The Law of the Internet and Information Technology
1st Edition
Brian Craig
Chapter 1:
Jurisdiction and Venue in Cyberspace
*
12
Class Name
Instructor Name
Date, Semester
LEARNING OBJECTIVES
After this lecture, you should:
Cont’d
1.1
1.2
10. 1.3
Explain the history of the Internet.
Describe the different types of jurisdiction, including subject
matter jurisdiction, personal jurisdiction and in rem
jurisdiction.
Discuss how service of process plays a critical role in the
commencement of litigation and how service of process can be
effectuated via electronic means.
*
12
Class Name
Instructor Name
Date, Semester
LEARNING OBJECTIVES
After this lecture, you should:
1.4
1.5
Explain what activities are considered minimum contacts for a
website owner and the sliding scale used by courts for passive
and active website.
Describe the purpose of a choice of law provision and a forum
selection clause in an online contract.
*
11. *
Learning Objective
After this lecture, you should be able to:
1.1
Explain the history of the Internet.
*
1.1
History of the InternetArpanet: military research network
established in 1968Arpanet purpose: connect government
computers across country during wartimeArpanet: sponsored by
Advanced Research Projects Agency (ARPA) of the U.S.
Department of DefenseJ.C.R. Licklider: first head of computer
research program at ARPA
*
*
1.1
Definition of CyberlawCyberlaw: the field of law dealing with
12. the Internet, encompassing cases, statutes, regulations, and
disputes that affect people and businesses interacting through
computers
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Learning Objective
After this lecture, you should be able to:
1.2
Describe the different types of jurisdiction, including subject
matter jurisdiction, personal jurisdiction, and in rem
jurisdiction.
*
1.2
JurisdictionJurisdiction: a court’s power to decide a particular
caseSubject matter jurisdiction: jurisdiction over a particular
subject matter (e.g. bankruptcy)In rem jurisdiction: jurisdiction
over a particular thing or property (e.g. probate cases)Personal
jurisdiction: jurisdiction over a particular person
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*
13. 1.2
Personal JurisdictionInternational Shoe Co. v. Washington:
U.S. Supreme Court established “minimum contacts” test for
personal jurisdictionState can exercise personal jurisdiction
over defendant if defendant has minimum contacts with the
forum state
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*
Court held that private seller who sold vehicle on eBay did not
have sufficient “minimum contacts” to support personal
jurisdictionLong arm statue: statute that provides for
jurisdiction over nonresident defendant who has had some
contact with the forum
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1.2
Case Study: Boschetto V. Hansing
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Learning Objective
After this lecture, you should be able to:
1.3
Discuss how service of process plays a critical role in the
commencement of litigation and how service of process can be
effectuated via electronic means.
14. *
*
1.3
Service of ProcessService of process: the formal delivery of a
writ, summons, or other legal process. Also called
“service.”Types of service under FRCP 4Service via electronic
means?
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Learning Objective
After this lecture, you should be able to:
1.4
Explain what activities are considered minimum contacts for a
website owner and the sliding scale used by courts for passive
and active website.
*
*
1.4
Minimum Contacts for WebsitesSliding scale for passive and
active websitesPassive website by itself usually not sufficient
15. contactMore interactive website may involve exercise of
personal jurisdictionDecided on a case-by-case basis
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Learning Objective
After this lecture, you should be able to:
1.5
Describe the purpose of a choice of law provision and a forum
selection clause in an online contract.
*
*
1.5
Choice of Law ProvisionChoice of law: which jurisdiction’s law
should apply in a given caseChoice of law provision:
contractual provision where parties designate the jurisdiction
whose law will govern any disputes that may arise between the
partiesPurpose of choice of law provision: predictability
*
Venue: proper place for a lawsuit; county where trial court has
jurisdictionForum selection clause: contractual provision where
16. parties establish the place (such as the country, state or type of
court) for specific litigation between themPurpose of forum
selection cause: save time and money with litigation
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1.5
Forum Selection Clause
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12
Class Name
Instructor Name
Date, Semester
Cont’d
Chapter Summary
1.1
1.2
1.3
Explain the history of the Internet.
Describe the different types of jurisdiction, including subject
matter jurisdiction, personal jurisdiction and in rem
jurisdiction.
Discuss how service of process plays a critical role in the
commencement of litigation and how service of process can be
effectuated via electronic means.
*
12
17. Class Name
Instructor Name
Date, Semester
Chapter Summary
1.4
1.5
Explain what activities are considered minimum contacts for a
website owner and the sliding scale used by courts for passive
and active website.
Describe the purpose of a choice of law provision and a forum
selection clause in an online contract.
*
