4.1

Chapter 4

Copyrights

© 2003 by West Legal Studies in Business/A Division of Thomson Learning

4.2

Introduction: Terms to Know

Works of authorship Reproduce Distribute Derivative work Digital transmission First sale doctrine Fair use Public domain Statute of Anne

4.3

Elements of Copyrightability

Must be original

Must be fixed in a tangible medium of expression

Must be directly or indirectly perceivable by humans

4.4

Types of Copyrightable Works

Literary worksLiterary works

Architectural worksArchitectural works

Sound recordingsSound recordings

Motion pictures and A/V works

Motion pictures and A/V works

Pictorials, graphics, and sculptures

Pictorials, graphics, and sculptures

Musical worksMusical works

Dramatic worksDramatic works

Pantomimes and choreography

Pantomimes and choreography

4.5

Non-copyrightable Material

Ideas are not copyrightable – only the expression of ideas.

Includes ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries.

The idea-expression dichotomy rule states that creators can maintain control over ideas only if they qualify as patentable or remain as trade secrets.

4.6

Bundle of Exclusive Rights

Reproduction: prepare work in a tangible and permanent medium

Derivative work: adapt or change original work for another market or medium

Distribution: initial public transfer of copyright work through sale, rental, lease, or other transfer

Performance: public viewing using sensory reception

4.7

Bundle of Exclusive Rights

Display: showing by mechanical means

Digital transmission: digital broadcast of sound recordings

License: temporary, revocable transfer of right to use work

Assignment: permanent and irrevocable transfer of elements of bundle

4.8

Digital Millennium Copyright Act (DMCA)

DMCA creates civil and criminal prohibitions against tampering with copy protection or billing data.

DMCA does not add new exclusive rights to the bundle held by copyright owners.

DMCA applies to a variety of digital works.

4.9

Major Provisionsof the DMCA

Anti-circumvention rulesAnti-circumvention rules

Anti-circumvention exceptionsAnti-circumvention exceptions

Copyright management informationCopyright management information

Safe harbor for ISPsSafe harbor for ISPs

4.10

Copyright Procedures

Copyright office

Copyright registration

Deposit

Copyright notice

Duration of copyright protection

4.11

Infringement Analysis

Infringement analysis

Computer applications of infringement analysis

Clean room techniques

Second liability

Infringement remedies

4.12

Fair Use Defense

Transformative uses

The four factors of fair use

1. Purpose and character of use

2. Nature of copyrighted work

3. Amount and substantiality of used portion

4. Effect of use on potential market

4.13

Fair Use Defense

Audio-Visual Entertainment Purpose and character of use Nature of the use The portion used Effect of use of the market Identified uses Space-shifting

Other defenses to infringement

4.14

Copyleft

GNU Project Software should be free

Derivative works must be free

http://www.gnu.org/copyleft/gpl.txt

4.15

Questions & Discussion