The document discusses copyright law and fair use in the United States. It outlines the powers granted to Congress to promote science and the arts by securing exclusive rights to authors and inventors. It then summarizes the history and major developments of copyright law from 1790 to present day. It also describes the categories of works protected by copyright, ownership rights, limitations on copyright, registration benefits, exclusive rights granted to copyright holders, and the concept of fair use.

1. © Copyright and Fair Use

2. 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.

3. COPYRIGHT 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

4. Major Developments in © 1909 Act – pre 1978 1976 Act – post 1978 Berne Convention 1989 Moral Rights 1990 Sonny Bono Copyright Term Extension Act 1998 Digital Millenium Copyright Act 1998

5. What does © protect?

6. Eight Categories of Works Literary works Musical (including accompanying words) Dramatic (including accompanying music) Pantomimes and choreographic works Pictorial, graphic and sculptural works Motion pictures and other audiovisual Sound recordings Architectural works

7. What about Computer programs? Test questions? Essay questions? Mickey Mouse?

8. original works of authorship as soon as they become fixed in a tangible form of expression

9. original What about my photo of the Golden Gate Bridge?

10. Does not need to be novel or distinctive.

11. Feist Publications v. Rural Telephone Service

12. Selection Editing Arrangement

13. fixation

14. Class comments Performances Dance

15. Copyright is a Bundle of Rights Think a pack of matches May be divided by type of right, time and territory.

16. One “Work” May Contain Numerous Copyrights

17. Movie

19. Movie underlying work screenplay storyboards score recording underlying musical compositions movie itself

20. Ownership Author Work-for-hire Joint works

21. Community for Creative Non-Violence v. Reid

22. Term of Copyright post-1978 works Authors -- life plus 70 Work-for-hire -- 95/120 Joint works -- life of last author plus 70

23. Copyright Law has its Limitations.

24. WHAT YOU CANNOT COPYRIGHT Ideas Facts Procedures Methods Concepts Processes Common Information

25. Calendars Rulers Lists and tables from public documents or common information

26. No Copyright Protection for . . . Titles Names Short phrases Symbols Designs ( but these may be protected by other law)

27. Copyright protection is automatic. However, registration is both easy and advantageous. File appropriate form and fee with U.S. Copyright Office.

28. 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

29. 5 Exclusive Rights reproduce work prepare derivative works distribute work perform work except sound recordings display work sound recordings: perform by means of a digital audio transmission

30. Moral Rights 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

31. 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

32. Infringement Any violation of one of the exclusive rights Prove have valid copyright. Prove substantial similarity. Prove access to copyrighted work.

35. 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.

36. Fair Use Purpose and character of use Nature of copyrighted work Portion of work used Economic effect

37. Case-by-case determination

38. 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.

39. Pretty Woman

40. Pretty Woman

42. Internet Existing law will be applied until new laws are established.