Research paper summary- Protecting Copyright Law

1. Protecting Copyright
Law
Will Gustafson
JMC 4410

2. Brief History
 British Statute of Anne-
 Copyright Act of 1710
 Made to protect authors as book copies were being produced.
 Copyright Act of 1790
 “An Act for the Encouragement of Learning”
 First Copyright act in the United States
 Some copyright laws are said to have formed after the
revolutionary war.
 Copyright Act of 1909
 Mainly benefited public
 Works only protected in the case that they are published and have
a notice of copyright affixed.

3. Statute Law
 Copyright Act of 1976-
 Protects works that are expressive and tangible.
 Gives exclusive rights to original works without the
need to publish them and affix a notice of copyright.
 Made to protect the owners of the works rather than the
public
 Intellectual Property Protection and Courts Amendment
Act (2004)
 “To prevent and punish counterfeiting of copyrighted
copies..”
 Including: Audio visual works, cassette tapes, CD’s
Etc.

4. Recent Case Law
 A & M records v. Napster (2000)
 Allowed illegal downloading of music they did not own
the rights to.
 Went beyond Fair use.
 $26 Million settlement
 Kirtsaeng v. John Wiley & Sons, Inc. (2016)
 Supap Kirtsaeng- lost suit filed against him for
copyright infringement.
 Protected under first sale act
 “An individual who knowingly purchases a copy of
copyrighted work from the copyright holder receives
the right to sell, display or otherwise dispose of that
particular copy..”

5. Law review Analysis
 Kirtsaeng v. John Wiley & Sons, Inc. (2016)
 First sale act
 Doesn’t specifically address matters outside of the United
States.
 First Sale Doctrine is applicable as long as the copies were
legally obtained.
 Theme:
 Needed more clarity, specifically relating to geographical
boundaries
 Supreme court sided with Kirtsaeng, overturning the second
circuits decision.
 Made it clear that the first sale doctrine applies to goods
manufactured outside of the United States.

6. Conclusion
 The Copyright Act of 1976 has withstood the test of time,
however, more challenges are being presented with
increases in technology and outlets that offer illegal
downloads of music, movies and other original works.