Copyright Law Ronald W. Staudt

Class 1August 27, 2013

Copyright © 2001, 2002, 2003, 2004, 2005, 2007, 2008 , 2009, 2010, 2012 Ronald W. Staudt

Copyright Seating ChartCourse Information & Assignments

TextAssignments Internet & LEXIS access

Grading and Class Attendance/ParticipationAttendance Requirement

Web Site http://www.kentlaw.edu/faculty/rstaudt/classes/copyright_fall 2013/index.htm AssignmentsLinksCopyright Basics

Seating ChartCourse Information & Assignments

TextAssignments Internet & LEXIS access

Grading and Class Attendance/ParticipationAttendance Requirement

Web Site

Copyright Basics

An introduction to copyright law drawn from the copyright statute and from Copyright Basics by the Library of Congress, Copyright Office.

See also CCC web page: http://www.copyright.com/ccc/viewPage.do?pageCode=cr10-n

And pp. 38-49 in the casebook

Course OverviewCode Course – Title 17 USC

US Copyright Office- laws pages--http://www.copyright.gov/laws/

LII Cornell’s Legal Information Institute

Fun facts: Tyler Perry, Google, Perfect 10, Grokster, New York Times, Mickey Mouse, Jimmy Stewart, Roy Orbison, 2 Live Crew, Microsoft, West Publishing, Sega, Peter Rabbit, Superman, Rocky, X-Men etc., etc.

Critically important to the new economy

Rapidly changing and in the news

Tyler Perry Shakes Novelist's 'Good Deeds' Copyright Suit

A New York federal judge on Wednesday threw out a novelist’s infringement suit against Tyler Perry and Lions Gate Entertainment Corp., granting a motion for judgment in favor of the movie studio after it argued none of the elements in the movie “Good Deeds” bore a resemblance to the story in the book in question

Marvel Comics Worldwide Inc. owns the work of a famed cartoonist who contributed to comic books like the "Fantastic Four" and "X-Men," the Second Circuit ruled Thursday, shooting down a legal challenge from his heirs

Marvel Beats Artist's Heirs In 2nd Circ. Copyright Row

The photographer behind the iconic image of two-sport phenom Bo Jackson that launched Nike Inc.'s “Bo Knows” advertising campaign has reached an initial agreement with the athletic apparel giant to settle his copyright infringement suit in New York federal court, according to court documents filed Thursday

Nike Settles With Photographer Behind 'Bo Knows' Campaign

A New York federal judge on Friday approved an agreement releasing Universal Music's UMG Recordings Inc. from copyright infringement claims lodged by a music production company looking to collect royalties for songs recorded by Universal artists like Rihanna and Justin Bieber.

Universal Settles Royalty Row Over Rihanna, Bieber Songs

The Ninth Circuit on Friday refused to revive a writer's copyright suit against Sony Pictures Entertainment Inc. alleging the Chris Rock movie "Death at a Funeral" copied elements of a book she wrote and a home video of an assault she suffered at a funeral, saying she failed to show the works were substantially similar.

9th Circ. Buries 'Death At A Funeral' IP Suit

Copyright assignments

Today: Historical Overview General Principles

property, personal right, monopoly

Economic Analysis & © Burrow-Giles Lithographic v. Sarony Bleistein v. Donaldson Lithographing Co.

Historical Overview

1. Stationers Company Monopoly- 1556

2. Statute of Anne- 1710, April 10 Printed books Ruin of Authors and their Families Encouragement to learned men… Author’s right for 14 + 14 Registration and deposit Destruction and damages for violation

3. Donaldson v. Becket- 1774

Historical Overview

4. US Constitution Article 1, Section 8 Clause 8

“The Congress shall have the power…to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

Historical Overview

5. Copyright Act of 1790 “map chart or book” 14 years after recording and publishing record 14 year renewal 1802 notice requirement added

6. Wheaton v. Peters No Federal common law of © No Pa. common law of © in published works

7. US Statutory Revision 1802 add prints 1831 musical compositions 1856 plays and public performances 1865 photographs 1870 painting drawings sculpture

Historical OverviewUS Statutory Revision (cont.)

1891 foreigners can get US copyright Copyright Act of 1909

Publication with notice 28+28

Copyright Act of 1976 Fixed in a tangible medium of expressionLife + 50Termination RightNotice required but omission curable

Berne Adherence Amendments of 1988Notice optionalRegistration not required for foreigners

Historical Overview

1990 AmendmentsVisual Artists Rights ActArchitectural Works ActComputer Software Rental Act

1992 Amendments Automatic renewalAudio Home Recording Act

1998 AmendmentsDigital Millennium Copyright ActSonny Bono Copyright Term Extension Act

General Principles

Copyright as property, as personal right, as monopoly

Mazer v. Stein ..personal gain is the way to advance public welfare

Sony …monopoly privileges…intended to motivate the

creative activity of authors…and to allow public access…after the limited period of exclusive control

Texaco Copyright celebrates the profit motive…recognizing that

the incentive …will redound to the public benefit

Competing Perspectives

Chafee quoting Macaulay, p 15:

“It is a tax on readers for the purpose of giving a bounty to writers. The tax is an exceedingly bad one; it is a tax on one of the most innocent and most salutary of human pleasures…”

Ladd, p 28:

“Every limitation on copyright is a kind of rate-setting. …more wisely left with the people than vested in a government tribunal…or even a sincere judge…

Economic Analysis of Copyright

Economic incentives for creative activity will increase society’s welfare Other incentives to create J. Breyer- headstart may be enough but

uncertainty argues for retaining the protection Profits must subsidize low selling works Landes & Posner- 9 factors limiting copying

and the cost of expression driven by copyrightBalance between access and incentives.

http://www.humnet.ucla.edu/humnet/clarklib/wildphot/sarony.htm

Burrow-Giles

U.S. Constitution Art 1, Sect. 8, Cl. 8“To promote the progress of science and

useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries”

Was © established under the existing statute?

Burrow-Giles

Writing?…Production of an author?

1790--maps charts and books 1802 add prints 1831 musical compositions 1856 plays and public performances 1865 photographs 1870 painting drawings sculpture

What is an author?

Burrow-Giles

Author: “he to whom anything owes its origin…”

Writing: “…original intellectual conceptions of an author...”

New? Original?

… if a chromo, lithograph, or other print, engraving, or picture has no other use than that of a mere advertisement, and no value aside from this function, it would not be promotive of the useful arts, within the meaning of the constitutional provision, to protect the "author" in the exclusive use thereof, and the copyright statute should not be construed as including such a publication, if any other construction is admissible.

Bleistein below & Justice Harlan’s dissent

If a mere label simply designating or describing an article to which it is attached, and which has no value separated from the article, does not come within the constitutional clause upon the subject of copyright, it must follow that a pictorial illustration designed and useful only as an advertisement, and having no intrinsic value other than its function as an advertisement, must be equally without the obvious meaning of the constitution.

Bleistein below & dissent, Justice Harlan

Bleistein

Famous quotes:

But even if they had been drawn from life, that fact would not deprive them of protection. ... Valasquez and Whistler argument?

Others are free to copy the original. They are not free to copy the copy.

Bleistein on Originality

Famous quotes:

The copy is the personal reaction of an individual upon nature. Personality always contains something unique. It expresses its singularity even in handwriting, and a very modest grade of art has in it something irreducible, which is one man's alone. That something he may copyright unless there is a restriction in the words of the act.

Bleistein

Famous quotes:

The least pretentious picture has moreoriginality in it than directories and the like, which may be copyrighted.

Is the poster original, enough “work” or “effort”

Bleistein

Famous quotes:

A rule cannot be laid down that would excommunicate the paintings of Degas. Ads in?

Bleistein

Famous quotes:

It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits.

“In connection with the fine arts?”

Questions p. 37-8

Comic stripDesign for a flagPornographic workUnpublished work in a drawer1000 yearsAuthorship, does it imply work, noveltyWriting –what is excluded?

Assignment for next class

Wednesday August 29, 2013Distinctions between copyright and

patent/trademark, pp. 50-75Bell v. CataldaTrademark CasesWarneDastar v. 20th Century FoxForward v. Thorogood