Copyright Law Ronald W. Staudt

Class 1January 21, 2009

Copyright © 2001, 2002, 2003, 2004, 2005, 2007, 2008 2009 Ronald W. Staudt

Copyright Seating ChartCourse Information & Assignments

TextAssignments Internet & LEXIS access

Grading and Class Attendance/ParticipationAttendance Requirement

Web Site AssignmentsLinksCopyright Basics

Seating ChartCourse Information & Assignments

TextAssignments Internet & LEXIS access

Grading and Class Attendance/ParticipationAttendance Requirement

Web Site http://www.kentlaw.edu/faculty/rstaudt/classes/copyright_spring2009/index.htm

Copyright Basics

An introduction to copyright law drawn from the copyright statute and from Copyright Basics by the Library of Congress, Copyright Office: http://www.loc.gov/copyright/circs/circ1.html

See also CCC web page: http://www.copyright.com/ccc/viewPage.do?pageCode=cr10-n

And pp. 37-49 in the casebook, assigned for Monday

Course OverviewCode Course – Title 17 USC

Statutory Supplement, LII

Fun facts: Google, Perfect 10, Grokster, New York Times, Mickey Mouse, Jimmy Stewart, Roy Orbison, 2 Live Crew, Microsoft, West Publishing, Sega, Peter Rabbit, Superman, Rocky, etc., etc.

Critically important to the new economy

Rapidly changing and in the news

The Google Book Search Settlement http://oncopyright.copyright.com/

The grand settlement of the Google Book Search lawsuits this week may be one of those rare events when the parties who say they’ve all come out winners actually believe it to be true. On Tuesday, Oct. 28th, more than three years after a group of publishers and authors filed suits against Google, contending that the company’s unauthorized scanning and storing of entire books, including books in copyright, violated the rights of the copyright holders. The three groups announced the terms of a settlement agreement to end their dispute and establish a business framework for the future to make books more available digitally and compensate rightsholders for their use.

Facebook sues social-network aggregator Power.comJennifer Guevin January 3, 2009 10:50 AM PST

Facebook is suing Power.com, a Brazilian start-up that

lets users access a number of social networks through one portal.

Facebook filed a lawsuit on Tuesday in U.S. District Court in San Jose, Calif., for copyright and trademark infringement; unlawful competition; and violation of the Digital Millennium Copyright Act, CAN-SPAM Act, and the Computer Fraud and Abuse Act, among other charges.

Power.com signs users into their various social networks and messaging clients and delivers the data from those sites and services to one page.

Mac, iTunes, and Copyright TheftJanuary 07, 2009 01:47 PM ET | Robert Schlesinger

Apple has reportedly struck a deal with recording companies that will end the inclusion of digital rights management software on songs downloaded on iTunes while allowing the companies to variably price their music on the service.

*** So far as I can tell the new rules don't make it any

less illegal to E-mail copies of these songs to your buds, but it does make it easier—making the debate about how to deal with such file-sharing more salient than ever.

KRAFT AND EURO-EXCELLENCE SETTLE COPYRIGHT DISPUTEBNA's Internet Law News - 1/09/09

Kraft Canada announced that it has reached an agreement with Euro-Excellence Inc. to settle a long-standing and legally significant copyright case between the two companies. Euro-Excellence has signed a "Consent to Judgement" agreeing that it will not import or sell in Canada Cote d'Or chocolates in packaging which displays the copyright work owned by Kraft Canada without its consent. [RTT News]

The Harry Potter Lexicon Disappearsby Anthony Falzone, posted on September 8, 2008 Stanford Law School CIS

Reference guides and companion books about literary works have been a critically important part of literature since its inception, and the right to publish them stood largely unchallenged….

Today we found out we lost. In a thoughtful and meticulous decision spanning 68 pages, the Court recognized that as a general matter authors do not have the right to stop publication of reference guides and companion books about literary works, and issued an important explanation of why reference guides are not derivative works. Needless to say, we're very happy the Court vindicated these important principles.

But the Lexicon did not fare so well. The Court held the Lexicon infringed Ms. Rowling's copyright, was not protected by fair use, and permanently enjoined the publication of it.

INTERNET PIRACY REGULATIONS PLANNED FOR UKBNA's Internet Law News - 1/16/09

UK Ministers intend to pass regulations on internet piracy requiring service providers to tell customers they suspect of illegally downloading films and music that they are breaking the law, says the draft report by Lord Carter. It would also make them collect data on serious and repeated infringers of copyright law, which would then be made available to music companies or other rights-holders who can produce a court order for them to be handed over. [FT]

Copyright assignments

Today: Historical Overview General Principles

property, personal right, monopoly

Economic Analysis & ©

Historical Overview

1. Stationers Company Monopoly- 1556

2. Statute of Anne- 1710 Printed books Ruin of Authors and their Families Encouragement to learned men… Author’s right for 14 + 14 Registration and deposit Destruction and damages for violation

3. Donaldson v. Becket- 1774

Historical Overview

4. US Constitution Article 1, Section 8 Clause 8

“The Congress shall have the power…to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

Historical Overview

5. Copyright Act of 1790 “map chart or book” 14 years after recording and publishing record 14 year renewal 1802 notice requirement added

6. Wheaton v. Peters No Federal common law of © No Pa. common law of © in published works

7. US Statutory Revision 1802 add prints 1831 musical compositions 1856 plays and public performances 1865 photographs 1870 painting drawings sculpture

Historical OverviewUS Statutory Revision (cont.)

1891 foreigners can get US copyright Copyright Act of 1909

Publication with notice 28+28

Copyright Act of 1976 Fixed in a tangible medium of expressionLife + 50Termination RightNotice required but omission curable

Berne Adherence Amendments of 1988Notice optionalRegistration not required for foreigners

Historical Overview

1990 AmendmentsVisual Artists Rights ActArchitectural Works ActComputer Software Rental Act

1992 Amendments Automatic renewalAudio Home Recording Act

1998 AmendmentsDigital Millennium Copyright ActSonny Bono Copyright Term Extension Act

General Principles

Copyright as property, as personal right, as monopoly

Mazer v. Stein ..personal gain is the way to advance public welfare

Sony …monopoly privileges…intended to motivate the

creative activity of authors…and to allow public access…after the limited period of exclusive control

Texaco Copyright celebrates the profit motive…recognizing that

the incentive …will redound to the public benefit

Competing Perspectives

Chafee quoting Macaulay, p 15:

“It is a tax on readers for the purpose of giving a bounty to writers. The tax is an exceedingly bad one; it is a tax on one of the most innocent and most salutary of human pleasures…”

Ladd, p 28:

“Every limitation on copyright is a kind of rate-setting. …more wisely left with the people than vested in a government tribunal…or even a sincere judge…

Economic Analysis of Copyright

Economic incentives for creative activity will increase society’s welfare Other incentives to create J. Breyer- headstart may be enough but

uncertainty argues for retaining the protection Profits must subsidize low selling works Landes & Posner- 9 factors limiting copying

and the cost of expression driven by copyrightBalance between access and incentives.