Copyright Law Ronald W. Staudt Class 3 September 3, 2013 Copyright © 2001, 2002,2007, 2009, 2010,...
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Transcript of Copyright Law Ronald W. Staudt Class 3 September 3, 2013 Copyright © 2001, 2002,2007, 2009, 2010,...
Copyright Law Ronald W. Staudt
Class 3September 3, 2013
Copyright © 2001, 2002,2007, 2009 , 2010, 2013 Ronald W. Staudt
Assignments
Today—Pp. 75-100Supp. pp. 1-2.
•Original Works of AuthorshipFixation Performers' Right to Fix
Tuesday—Sept. 10—Pp. 100-110
Idea Expression Dichotomy
Publishers Lose Copyright Suit Over Articles In Patent AppsIP Law360 <[email protected]> 9/3/2013
A Minnesota federal judge on Friday overruled two academic publishers’ objections to a magistrate judge's finding that it is fair use for Schwegman Lundberg & Woessner PA and other firms to use copyrighted scientific journal articles in patent applications, calling the report well-reasoned.
Original Works of AuthorshipSect. 102
Authorship and Originality• Kelley, Feist, Acuff-Rose v. Jostens & Kim Seng
Magic MarketingSebastian Int’lQuestions p. 90-91
FixationCopies and PhonorecordsPerformer’s Right of Fixation
• Kiss and Martignon
Sec. 102. Subject matter of copyright: In general
Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
(1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works;
(7) sound recordings; and (8) architectural works.
AuthorshipMachines and authors
Sorony & Catalda
Human authorship v. forces of nature Kelley and Puppy Food
Questions p. 82-83 Google Translate Blow up Supplement p. 1- food sculpture- Kim Seng case
Feist on Originality
The sine qua non of copyright is originality..Originality means that the work was independently created by the author (as opposed to copied from some other works) and it possesses some minimal degree of creativity…the requisite level of creativity is extremely low…Originality does not signify novelty… Originality is a constitutional requirement.
PRIORITY MESSAGE: CONTENTS REQUIRE IMMEDIATE ATTENTION
TELEGRAM
Magic Marketing v. Mailing Services of Pittsburgh
© Ins & Outs
"fragmentary words and phrases"
forms of expression dictated solely by functional considerations
Words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents
CFR Title 37, Sect. 202.1
© Ins & Outs
label was copyrightable when it contained such phrases as "Cut to desired length. . . . Will not run. . . .
cliched language and expressions communicating an idea which may only be conveyed in a more or less stereotyped manner
more colorful descriptions, such as advertising slogans-"most personal sort of deodorant"
serving directions on a frozen dessert package
© Ins & Outs
Hair stays wet-looking as long as you like. Brushes out to full-bodied dry look. WET 4 is one step-four choice (finishing) in Sebastian's four step program for a healthy scalp and head of hair. WET is not oily, won't flake and keeps hair wet-looking for hours, allowing you to sculpture, contour, wave or curl. It stays looking wet until it's brushed out. When brushed, hair looks and feels thicker, extra full. Try brushing partly, leaving some
parts wet for a different look
direction or instruction for use
serving directions on a frozen dessert package
expressions such as "hang in there"
© Ins & Outs
Hugga-hugga, brrr
Uh-oh x 4
Swirsky v. Carey
Solid black stripes
listing of the contents of an envelope or package
Fixed in any tangible medium of expression
Copy or phonorecord
RAM “fixation”Questions p. 93
Section 1101
Copies & Phonorecords''Copies'' are material objects, other than phonorecords, in
which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term ''copies'' includes the material object, other than a phonorecord, in which the work is first fixed.
''Phonorecords'' are material objects in which sounds, other than those accompanying a motion picture or other audiovisual
work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term ''phonorecords'' includes the material object in which the sounds are first fixed.
Fixed
A work is ''fixed'' in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is ''fixed'' for purposes of this title if a fixation of the work is being made simultaneously with its transmission.
Sec. 1101. Unauthorized fixation and trafficking in sound recordings and music videos
(a) Unauthorized Acts. - Anyone who, without the consent of the performer or performers involved - (1) fixes the sounds or sounds and images of a live musical
performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation,
(2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or
(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States, shall be subject to the remedies provided in sections 502 through 505, to the same extent as an infringer of copyright.