Class 12 Copyright, Spring, 2008 Performance and Display Rights Randal C. Picker Leffmann Professor of Commercial Law The Law School The University of.
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Class 12Copyright, Spring, 2008
Performance and Display Rights
Randal C. PickerLeffmann Professor of Commercial Law
The Law School
The University of Chicago
773.702.0864/r-picker@uchicago.eduCopyright © 2005-08 Randal C. Picker. All Rights Reserved.
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106. Exclusive rights in copyrighted works
Subject to sections 107 through 121, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in
copies or phonorecords; (2) to prepare derivative works based upon
the copyrighted work;
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106 (Cont.)
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
Note the Missing Sound recordings
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106 (Cont.)
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works,
to perform the copyrighted work publicly Note the Missing
Sound recordings
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102(a) Types of Works
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;
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102(a) Types of Works
(5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual
works; (7) sound recordings; and (8) architectural works.
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Limits on 106(1), (2) and (3)
Rights under 106(1), 106(2) and 106(3) do not depend on type of work, BUT … Sec. 113 limits rights for pictorial, graphic
and sculptural works Sec. 114 limits rights for sound recordings Sec. 115 limits rights for nondramatic
musical works Sec. 120 limits rights for architectural works
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Limits on 106(1), (2) and (3)
Sec. 121 limits rights for nondramatic literay works for the blind or other persons with disabilities
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106 (Cont.)
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work,
to display the copyrighted work publicly;
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101: Perform
To “perform” a work means to recite, render, play, dance, or act it, either
directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.
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101: Display
To “display” a work means to show a copy of it, either directly or by
means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.
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Legislative History Statement on Scope of Performance
Right H.R. 94-1476
“Thus, for example, a singer is performing when he or she sings a song; a broadcasting network is performing when it transmits his or her performance (whether simultaneously or from records); a local broadcaster is performing when it transmits the network broadcast;
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Legislative History Statement on Scope of Performance
Right H.R. 94-1476
a cable television system is performing when it re-transmits the broadcast to its subscribers; and any individual is performing whenever he or she plays a phonorecord embodying the performance or communicates the performance by turning on a receiving set.”
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101: Publicly
To perform or display a work “publicly” means‑‑ (1) to perform or display it at a place open
to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or
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101: Publicly
(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.
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101: Transmit
To “transmit” a performance or display is to communicate it by any device or
process whereby images or sounds are received beyond the place from which they are sent.
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Playing the Radio
Hypo Songwriter writes music and lyrics for new
work Artist records song with permission of
Songwriter Radio station plays song over the air and
heard by Listener at home Copyright issues?
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Answer
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Answer
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Answer
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[ASCAP]
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DVD Warning
Warning The motion picture contained in this videodisc is
protected under the copyright laws of the United States and other countries. This disc is sold for home use only and all other rights are expressly reserved by the copyright owner of such motion pictures. Any copying or public performance of such motion picture is strictly prohibited and may subject the offender to civil liability and severe criminal penalties. (Title 17, United States Code. Section 501 and 506)
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First Sale Doctrine?
How is this consistent with Sec. 109? Notwithstanding the provisions of section
106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.
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The Movie Theater
Hypo I own a movie theater I buy or rent videos/DVDs and play them in
the theater: I advertise The Lion King at 2:00 on Saturday
I charge admission to watch the movie to anyone who pays the fee
Copyright violation?
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Answer
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Renting …
Hypo Store rents videos People take them and play them at home
Copyright violation?
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Answer
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Renting …
Hypo Store rents videos and VCRs/DVD players People take them and play them at home
Copyright violation?
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Answer
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Renting …
Hypo Hotel rents meeting rooms Some people show up and have meetings;
others show up and play videos on equipment they bring with them
Copyright violation?
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Columbia Pictures v. Aveco
Core Facts Aveco rents rooms with equipment to play videos Rooms hold between 2 and 25 people Customers have complete control over playing of
videos Aveco doesn’t allow “unrelated groups of
customers” to watch together Copyright violation?
“To Do and To Authorize”
S. Rep. 94-473 “The exclusive rights accorded to a
copyright owner under section 106 are ‘to do and to authorize’ any of the activities specified in the five numbered clauses. Use of the phrase ‘to authorize’ is intended to avoid any questions as to the liability of contributory infringers.
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“To Do and To Authorize”
S. Rep. 94-473 “For example, a person who lawfully
acquires an authorized copy of a motion picture would be an infringer if he or she engages in the business of renting it to others for purposes of unauthorized public performance.”
What does this mean? What is at stake?
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[GI: Saul]
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[GI: 1st Picture]
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[GI: Full Size]
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[GI: Unframed]
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Building a Search Engine
Hypo Google wants to provide search services Sets up service in which web pages will be
indexed unless page opts out Indexing means copying text and creating
thumbnails of images Copyright issues?
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Understanding Perfect10
What is the case about? Given that Perfect10.com can opt out of the
Google crawl and Google will respect that, what is the issue?
Should we treat thumbnail images and in-line link images differently?
Display, Distribution and Derivative Works
Three Questions Who displays an image? The server where
it is stored? The entity providing the html code to invoke the presentation of the image? The creator of the browser? The person who clicks the link? Someone else?
Same questions re distribution Is an in-line linked page a derivative work?
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