Templates Chapter 7: Fundamental Aspects of Copyright Protection BUS 297 Craig Renteria Jessie Lockhart.

Templates

Chapter 7: Chapter 7: Fundamental Aspects of Fundamental Aspects of

Copyright ProtectionCopyright Protection

Chapter 7: Chapter 7: Fundamental Aspects of Fundamental Aspects of


BUS 297BUS 297

Craig Renteria Craig Renteria

Jessie LockhartJessie Lockhart

Introduction

Copyright Ownership

Copyright Principles & Protection

Licensing Copyrights

History & Expansion of Copyright Laws

Copyright Act

Templates

Main TopicsMain Topics

Copyright Types & Exceptions

Infringement & Remedies

To protect the creative investments of authors and artists from those who otherwise might profit from simply copying their works

cop·y·rightcop·y·right [kop-ee-rahyt]

The exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.

IntroductionIntroduction

History of Copyright LawsHistory of Copyright Laws

1709: First known copyright

statuteThe British

Statute of Anne (did not apply to

America)

Prior to 1783:

Three limited Copyright Acts in the

U.S.

1783: The

Continental Congress

(Resolution)

Mid 1780’s: States enact own

copyright statutes

1790: Copyright

Act of 1790

(First Federal Copyright Act)

1831: Copyright

Act of 1831

1909: Copyright

Act of 1909

1954/1971: Universal Copyright

Convention

1886: Berne

Convention (International

Copyright Protection)

1834: Supreme

Court Ruling in

Wheaton v. Peters

1976: Copyright

Act of 1976

1998: Copyright

Term Extension

Act

Expansion of U.S. Copyright LawExpansion of U.S. Copyright Law

A few principles to follow:A few principles to follow:

Protects only the expression of ideas, but not the ideas themselves

Protection lasts only for a limited period of time

When expires work enters the public domain

A person who lawfully obtains a copy of a copyrighted work may freely sell / transfer that copy

Individuals may make a fair use of a copyrighted work when the circumstances provide substantial public benefits without sacrificing creative incentives

Copyright PrinciplesCopyright Principles

What may be protected by Copyrights?What may be protected by Copyrights?

Original Expressions


‘Original’ to the extent that it exhibits some personal creative effort (even if it only encompasses a very minimal amount of personal creativity.Example: Feist Publications, Inc. v. Rural Telephone Service

Facts are not copyrightable (even if time and effort went into obtaining the facts)

U.S. Supreme Court overruled the lower courtsOnly protects expressionsDoesn’t protect ideas, but it does protect the ways of expressing the idea


Databases


European Union (EU) Directive

Different from that of U.S. copyright principles because it established a separate legal right in the contents of databases

15 years from the date the database is made available to the public

“Sweat-of-the-brow” theory


Product Design (Debate)


Do you recognize these brands?Do you recognize these brands?

Question.. should they be copyrighted?


Product Design


Some products have status of being works of art

Protection of useful items into doubt

Louis Vuitton Case

Why not Patent Designs?o Numerous hurdleso Expensive and time consuming

Copyright Act (http://copyright.gov)Copyright Act (http://copyright.gov)

Provides definitions from A to Z (“anonymous work” to “WTO agreements”) of items covered under the Copyright Act

44

Lists copyright protection subsists and categories covered by works of authorship

Provides that pictoral, graphic, and sculptural works are capable of copyright protection.

Section 102: Subject matter of copyright – in general

Section 101: Definitions

44

44

Rights Provided by CopyrightRights Provided by Copyright

44

Section 106: The Basic Exclusive Rights

Reproduce (most important privilege)o Cannot copy without permission (not entire work, just the expression)

Prepare derivative works, compilations, and collective workso Transformation or adaptation of the protected worko Translationo Dramatizationo Motion pictureo Sound recordingo Distribute copieso Perform publiclyo Digitally transmit sound recordings (most recently adopted)o Display publicly

• The internet has made these even more important (music/movies)

44

Rights Provided by CopyrightRights Provided by Copyright

44

Licensing and Transferring Exclusive Rights

Copyright gives the holder exclusive rightso To make copies of and improvements to the worko To distribute the work and display publicly

Licensing allows others any or all exclusive rightso Permission to make copies and distributeo Permission to make a derivative work

Have complete control over the set of protected rights

44

44

Provides a middle ground between:

*The basic copyright system (reserves all rights until parties explicitly negotiate licenses) and…

*The public domain (complete freedom to use material)

Creative CommonsCreative Commons

Copyright owners have significant control over how they choose to parcel out their rights to other people

Licensing Copyright PrivilegesLicensing Copyright PrivilegesLicensing Copyright PrivilegesLicensing Copyright Privileges

Challenge is figuring out who is owner, finding them, getting contact, and negotiating


Allows others to freely use a copyrighted work, but reserves certain rights under specified conditions.

To reserve these rights, the copyright owner makes selection among four different parameters:

(1) Attribution(2) Noncommercial(3) No Derivative Works(4) Share Alike

Look for “CC” (plus icons to represent the parameters)



VIDEO CLIP:VIDEO CLIP:www.creativecommons.org


PC Users: MAC Users:

http://www.creativecommons.org/

http://mirrors.creativecommons.org/getcreative/

Open-Source SoftwareOpen-Source Software

Allows software developers to improve and distribute computer programs without costly copyright negotiations & licensing fees

Released with a license that authorizes recipients to improve and redistribute the software under specified terms

Encourages collaboration, which in turn will lead to standardized software systems which will maximize efficiency, innovation, and productivity

Most popular is the General Public License (GPL software)


Digital Performance Right in Sound Recordings Act (DPRA)Digital Performance Right in Sound Recordings Act (DPRA)

Customers pay a fee, but do not select the sound recordings that are delivered over the service (Pandora) Negotiate licenses with the studios Pay a statutorily defined royalty fee

Enable customers to request particular selections for a fee (New Napster) Must negotiate individual licenses with the sound recording copyright owner

No fee is paid to receive the transmission (AM/FM)(3) Non-Subscription

Transmissions

(2) Interactive Services

(1) Subscription Transmission

Separates digital transmissions into three types:

WebcastingWebcasting

DPRA was passed before Webcasting became significant

Digital Millennium Copyright Act (DMCA) – 1998o Created new statutory license fees that must be paid by nonsubscription

and non-interactive Internet webcasting services

Two Issues were raised(1) Does the Fee Apply to Over-The-Air Broadcasters?

o At first no, but in 2000, it was determined that radio stations must pay statutory license fees for streaming over the internet

(2) How Much Money Do Webcasters Have to Pay?o 2008 - Webcasters negotiated the fees with Sound Exchangeo Arrangements rely on formulas that differ in their termso Smaller Webcasters pay lower feeso Certain subscription services like Pandora, treated the same as the

over-the-air broadcasters

Fair Use & Other Exceptions to CopyrightFair Use & Other Exceptions to Copyright

First Sale Doctrine - If you own a copy of a protected work, you may distribute that copy without permission from the copyright holder

Fair-Use Exceptions - Copyrights provide broad rights; may be occasions when strict application of those rights interfere with public interest

Fair Use is based on an evaluation of the following factors: Purpose of the Use

o more likely to be fair if used for educatingo not likely if primarily for private commercial benefit

Nature of the Worko Easier to make a fair use of utilitarian or factual works (vs. fiction)

Amount and Substantiality Usedo Should be relatively small, especially if use is made of qualitatively

important materials Market Effect

o Effect on the potential market for the copyrighted work is often the decisive determinant

o If it reduces profitability of the copyrighted then not fair use

Anti-Plagiarism ServicesAnti-Plagiarism ServicesAnti-Plagiarism ServicesAnti-Plagiarism Services

Turnitino Used to flag written work that relies too heavily on

uncredited sourceso Copies student papers and includes them to prevent

unethical sharing within university communities

Students sued Turnitin for copying their works and including them in the Turnitin database

Appeals court ruled that Turnitin’s service makes fair use of the paperso Necessary to make service effectiveo No market effect on the value of the students’ works

Example – owning a booko You are the ownero But cannot make copies or prepare derivatives

Only the owner of a copyright enjoys the privileges of a copyright

Copyright OwnershipCopyright OwnershipCopyright OwnershipCopyright Ownership

Owner is the author of the worko Can license to others the right to enjoy any or all of the rightso Can assign ownership to any or all of the rights

Unless agreed upon in a written agreement (and signed by both parties), the employer owns all of the rights comprised in the copyright

Exception to the general copyright rule


The employer or other person for whom the work was prepared is considered the initial owner for purposes of the work

Works Made for HireWorks Made for Hire

Exhibit 7.2 on page 246


Works Made for HireWorks Made for Hire

Each person must contribute original expression & simply ideas Each must contribute more than a de minimis amount of expression If joint ownership, profits must be shared


Joint WorksJoint Works

Moral RightsMoral Rights

Right to integrity - Prevent others from mutilating versions of a work Right to Paternity or Attribution - ensure owner receives proper credit Congress Amended Copyright Act in 1990 so that it protects the moral rights of visual artists. Moral rights on the rise in the U.S. and around the world

How to Obtain Copyright ProtectionHow to Obtain Copyright Protection

Inexpensive and easy to obtain Requirements…. NONE!!! Copyright protection shall be subject to no

formalities

Registration and Deposit Three Requirements

(1) Complete short form with general information(2) Deposit one or two copies of the work in its

entirety(3) Payment of a $35 fee

How to Obtain Copyright ProtectionHow to Obtain Copyright Protection

Why do it then?

Should there be a dispute, the registration carries substantial evidentiary weight in court

Improve ones ability to be compensated for copyright infringement (not eligible to sue for statutory damages unless they have registered the work

Requires the infringer to compensate the copyright owner for attorneys’ fees and costs

Copyright NoticeCopyright Notice

Although not necessary, it is a good idea to place the proper notice on copyrighted material

“Innocent Infringement” - If no copyright notice, an infringer might claim they were unaware there was a copyright on the expression

Ensures full compensation for acts of infringement

Should be placed in a spot that can be reasonable seen

Example: © 2011 Jessie Lockhart

Duration of Copyright ProtectionDuration of Copyright ProtectionDuration of Copyright ProtectionDuration of Copyright Protection

General Rule – Long as the author lives PLUS 70 years thereafter

Important Exception in works made for hire…

Last for 120 year from the date of creation or 95 years from the year of first publication (whichever expires first)

Political power grab? Supreme Court said Congress acted

within its constitutional authority Copyright Term Extension Act (CTEA)

The Substantial Similarity StandardThe Substantial Similarity Standard

Proof That the Work was Copied A work does not have to by an exact replica to be a copy; it

only has to be substantially similar to the original

Proof That Expression Was Illicitly Copied The owner must show that the expression in the allegedly

infringing work is substantially similar to the protected expression in the copyrighted work

InfringementInfringement and Remedies and RemediesInfringementInfringement and Remedies and Remedies

Infringement and Infringement and RemediesRemediesInfringement and Infringement and RemediesRemedies

Remedies The successful copyright claimant may benefit from

court-imposed injunctions

Copyright owner can sue for actual damages and the infringer’s profits

If appropriately registered, the owner can also receive statutory damages, and attorneys’ fees and court costs

Templates

THANK YOU!!!THANK YOU!!! THANK YOU!!!THANK YOU!!!

QUESTIONS?QUESTIONS?QUESTIONS?QUESTIONS?

Templates Chapter 7: Fundamental Aspects of Copyright Protection BUS 297 Craig Renteria Jessie Lockhart.

Documents

copyright lawa

copyright statutes1790

limited copyright acts

federal copyright act1831

works copyright kopee

copyrighted work

artistic work

art protection of useful