Class 12 Copyright, Spring, 2008 Performance and Display Rights Randal C. Picker Leffmann Professor of Commercial Law The Law School The University of.

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/[email protected] © 2005-08 Randal C. Picker. All Rights Reserved.

April 21, 2023 Copyright © 2005-07 Randal C. Picker 2

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;


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


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


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;


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.


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


Limits on 106(1), (2) and (3)

Sec. 121 limits rights for nondramatic literay works for the blind or other persons with disabilities


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;


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.


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.


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;


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.”


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


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.


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.


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?


Answer


Answer


Answer


[ASCAP]


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)


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.


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?


Answer


Renting …

Hypo Store rents videos People take them and play them at home



Answer


Renting …

Hypo Store rents videos and VCRs/DVD players People take them and play them at home



Answer


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



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.


“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?



[GI: Saul]


[GI: 1st Picture]


[GI: Full Size]


[GI: Unframed]


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?


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?


Class 12 Copyright, Spring, 2008 Performance and Display Rights Randal C. Picker Leffmann Professor of Commercial Law The Law School The University of.

Documents

owner of copyright

limits rights

work meansto

copyrighted work publiclynote

type of work

exclusive rights

derivative works

literary works2 musical