Copyright zStatute of Anne (1710) yBooks and pictures yBut Software Act of 1980 yDMCA zLibrary of...
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Copyright Copyright Statute of Anne (1710) Books and pictures But Software Act of 1980 DMCA Library of Congress, not PTO Copyright Law and Writers
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Transcript of Copyright zStatute of Anne (1710) yBooks and pictures yBut Software Act of 1980 yDMCA zLibrary of...
CopyrightCopyrightStatute of Anne (1710)
Books and pictures But Software Act of 1980 DMCA
Library of Congress, not PTO
Copyright Law and Writers
CopyrightCopyright
Exclusive right to copy
Five elements Make copies Distribute copies Derivative works Performance Public Display
What is copyright?
Copyright
CopyrightCopyrightOnly expression of idea protected,
not the underlying idea itselfDuration
Author’s life + 70 (50) years Anon or corporation works 120 (100)
years from creation or 95 (75) years of first publication
Duration of Copyright
CopyrightCopyright
Registration Rights exist whether registered or not
Copyright Registration
CopyrightCopyright
© Recognized world-wide “copyright” or “Copr” “(C)”
Year of first publication Distribution of copies
Name of owner
A Proper Copyright Notice
Where does the notice go?
Where people will see it!
CopyrightCopyright
Owner is able to retain copyrightOwner is able to put additional
restrictions on use Designated CPU No resale
What is the effect of licensing?
CopyrightCopyright
Benefits of copyright registration Statutory damages Costs Attorney fees
But, deposit required
CopyrightCopyright
Work for hire Employer is author
Infringement Substantial similarity Proof of access
Statutory damagesInternational Treaty
Software CopyrightLitigation
Public Domain
Vast majority of items on the Net are protected by copyright law, but:
Non-copyrightable - ideas, facts, titles, names, short phrases, blank forms
Lost protection – pre 1/1/78 w/o valid notice Pre 3/1/89 uncorrected w/in 5 years Pre 1964 unrenewed
Government Docs
Fair Use
Criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research is not an infringement
FAIR USE
FACTORS CONSIDERED Purpose or character of the use
Degree of transformationSomething new added which alters
expression, meaning, or message
Nature of the copyrighted work Amount used
Not a pure ratio test
Effect on potential market
Campbell V. Acuff-Rose Music, Inc.
(Roy Orbison “Oh, Pretty Woman” v. 2 Live Crew “Pretty Woman”) Distinctive bass riff, overlayed with scraper noises,
solos in different keys, altered drum beat, different lyrics
Court found that unlikely to dilute the market (substantially different market)
Parody is protected use, even though the perpetrators gained financially
Motion picture – Orbison soundtrack; Crew title
Movie poster – Gere, Roberts, +
Copyright InfringementCopyright Infringement
Infringement, even if programs are not identical
Court can consider overall structure and data flow and determine “substantial similarity”
Anything more specific than a program’s ultimate function or purpose is protectable
Whelan v. Jaslow
Copyright InfringementCopyright Infringement
Job scheduler with translatorAltai copied translator codeClean room approachCourt narrowed Whelan:
Abstraction Filtration Comparison
Computer Associates v. Altai
Case Information
Copyright InfringementCopyright Infringement
Mac vs. WindowsFollowed Altai
analysisIllicit copying only
if virtually identical
Apple v. Microsoft
Microsoft and Apple Joke Wallpapers
PATENT COPYRIGHT
Protects idea * Literal elementsExists when issued * Exists upon
creationExpensive * InexpensiveDisclosure * Masking20 years * Author’s life +70
years
