Copyright

TC 310June 23, 2008

Origin of Copyright

Constitutional Basis Like Patents, dislike Trademarks

Most recent Copyright Act is 1976 Protects

Author's writings at fixation (not ideas) Limited Time Expansion to expression Expansion of authorship

Common Law v. Statutory

Two ideas of Copyright Common Law

Rights of authors before publication Perpetual, no limits

Statutory Rights of publisher Limited time frame

70, 95, 120 years?

1976 Act mostly subsumes Common Law

Concepts of Copyright

Originality Not like novel. Does not have be be new Author wrote it..not copied Some degree of creativity

Expression Copyright must be beyond idea Expressed in some manner, tangible

Specific Exclusive Rights

Reproduction Distribution Derivations Distribution Performance

Digital Transmission Performance

Infringement

Not copyright holder, perform previous Intentional and Unintentional

Sampling, unconscious inspiration Contributory infringement

Napster/Grokster v Sony Proof

Ownership of Copyright Evidence of reproduction

circumstantial

Fair Use

Balancing Act Considerations

purpose/character of use Nature of copyrighted work Proportion taken Impact of taking

Free speech, satire, education

TelecommunicationApplication

Digital Copyright infringement (piracy) Digital copies are “perfect” End-to-End Internet International nature

Harms copyright holders Songwriters Guild of America Motion Picture Association of America Recording Industry Association of America

Possible Solutions

DoJ bringing suits Intellectual Property Task Force 15 Months jail time

Individual suits $150,000 per song Average settlement is $3,000

ISP monitor traffic Embedded security code

Creative Commons

Not to be confused with Spectrum Allocation Alternative to current

Full copyright Partial No rights reserved

Solves problem? All claim full Optimistic?

Take Away

Influence of Internet Rethought telecommunications Rethink Intellectual property

Sources of resistance Major studios/recorders, publishers Common folk (maybe you)

Role of Broadband More broadband, more problems