This document provides an overview of copyright including: - Copyright gives creators control and profits from their creative works by granting exclusive rights. - The bundle of rights includes reproduction, distribution, performance, derivatives, and display. - Copyright duration is typically life of author plus 70 years or 95/120 years for works made for hire. - Philosophies of copyright include author's rights, user's rights, and economic rights, with the US following an economic approach.

1. MBU 2520 Spring 2020- Eric M. Griffin
What is Copyright?

2. WHAT IS COPYRIGHT ?
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3. WHAT IS COPYRIGHT ?
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THE PAPER CHASE… https://vimeo.com/9628635

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5. WHAT IS COPYRIGHT ?
MBU 2520 Spring 2020 - Eric M. Griffin
.*Copyright gives creators and owners of creative works the right to control and profit
from the use of their works. It values the creations of one’s mind rather than one’s hands.
This ownership right is referred to as Intellectual Property or IP.
- IP itself cannot be possessed physically, but it can be owned.
- A physical object may contain IP, but it is not equal to ownership of the IP
Copyright relates to the owners ability to USE and CONTROL the IP, not to possess it.
IP can more easily be infringed than tangible property. IP can be infringed:
1) without transfer of possession;
2) without the owners knowledge,
3) by more than one infringer .

6. WHAT IS COPYRIGHT ?
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7. The COPYRIGHT Bundle of Rights
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Under the US Constitution, Copyright guarantees an exclusive “Bundle of Rights” to
Authors/Creators. This essentially creates a ”Limited Duration Monopoly.”
The Bundle of Rights: RDPDDD
1. Reproduction: Right to make copies. Mechanical Royalty
2. Distribution: Sale to the public resulting in transfer of ownership of that copy
3. (public) Performance: Performance Royalty. Collected by PROS, etc.
4. Derivative: Synch Royalty, Sampling.
5. (public) Display. Not as common with music.
6. (public performance of Sound Recording) via DIGITAL AUDIOTRANSMISSION.

8. .
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To use a copyrighted work, the party wanting to use it (the
“Licensee”) will get permission (a “License”) from the owner of the
work (the “Licensor”)
What are some reasons we have copyright?
1. Privacy: owner of the copyrighted work gets to decide whether or
not the work is made public
2. Control: owner of the work gets to control how the work is used
3. Economic: owner of the work is compensated for their efforts (this
if often tied to encouraging creation.)

9. Philosophies of Copyright
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Author’s Right (aka Natural Right) (John Locke)
1. Author morally entitled to control the “products of the author’s intellect”
2. Author should be allowed obtain the reward for his contributions to
society. A man has God given right to own the creations of his hands and
his mind – (John Locke)
3. Followed by many European countries
User’s Right (aka Utilitarian Right)
1. Purpose to encourage the widest production and access to artistic works
2. Authors will only invest resources in creating if they are able to profit from
their works’ public distribution
3. Creative efforts build on previous creative efforts; thus to promote
information, creators of new works need to be able to draw on prior works
for inspiration

10. Philosophies of Copyright
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Economic Rights
1. Better explanation for the American approach than Utilitarian.
2. Value of IP to the US economy is high, so we try to protect it.
Other Countries
1. Many countries with more communal societies have traditionally had an
economic approach that efforts of the individual should benefit the
society. This meant there wasn’t an understanding of IP for a long time.
2. In some countries (such as China) tradition was that copying was
encouraged and highly valued.
3. Many of these countries have had to adopt copyright protections in order
to participate in a global marketplace. Why is that? To draw on prior
works for inspiration and respect for cultural traditions.

11. Philosophies of Copyright
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What is the prevailing American Philosophy of Copyright?

12. Duration of Copyright Protection
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Duration of copyright protectionTODAY =
 Life +70 for individuals.
 Works for hire and unknown authors = LESSER OF 95
years from first publication or 120 years from creation
Increased from Life +50 in 1998 (CopyrightTerm Extension
Act – “Sony BonoAct”)
A few of the motivating factors for the extension
1. Preserve valuable copyrights like Mickey Mouse (Who
do you think favors this?)
2. Bring US in line with many European countries.

13. Types of Intellectual Property other than Copyrights:
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Patents
 Protection for certain INVENTIONS, DISCOVERIES and PRODUCT DESIGNS
 Provide greatest degree of protection BUT shorter duration of 20 years
Trademark
 AnyWORD, NAME, SYMBOL or DEVICE (or combination of) used to IDENTIFY
PRODUCTS or SERVICES and to DISTINGUISH from others
 Acquired through use in commerce
 Primary purpose: benefit the public by preventing consumers from being misled or
confused as to the source of goods and services
 Standard used is “Likelihood of Confusion”
 Register with USPTO = can use ® /Prior to registration = can use ™
Trade Secret
 Any business information that is kept secret and gives a business a competitive edge
 No registration process, but stronger protection with a contractual basis
 Lasts as long as the information is secret

14. When can you Copyright Music?
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15. COPYRIGHT NOTICES
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16. Penalty for Failure to Register ©
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17. REMEDIES FOR © INFRINGEMENT
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