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CopyrightX+Lecture+8:+ Rights+of+Distribu7on+and+...
Transcript of CopyrightX+Lecture+8:+ Rights+of+Distribu7on+and+...
CopyrightX Lecture 8: Rights of Distribu7on and
Performance
Selected Illustra7ons
William Fisher February 27, 2014
The following images appear in the background of eighth lecture in the CopyrightX lecture series. A recording of the lecture itself is available at hNp://copyx.org/lectures/. Removed from their original context, the images will not make much sense. The func7on of this collec7on of images is to enable persons who have already watched the lecture to review the material it contains. The terms on which these materials may be used or modified are available at hNp://copyx.org/permission/.
Opposed Forces Interests of Copyright Owners 1) Leverage over
Intermediaries 2) Maximize
demand for copies
3) Restrict Arbitrage and thus facilitate differen7al pricing
AXtudes resistant to restric7ons on distribu7on 1) Resentment of
greed 2) Skep7cism
concerning con7nuing control over objects
3) Hos7lity to differen7al pricing
106(3)
602(a)
109(a)
109(b)(1)(A)
109(b)(1)(B)
602(a)(1-‐3)
Quality King
Omega
Kirtsaeng
Autodesk
March 21, 2015
March 21, 2015
Copyright Autodesk
Authorized Copy
Autodesk
Authorized Copy CTA
Authorized Copy Vernon
copy
sale
resale 109(a)
Authorized Copy Buyer
Ebay
resale 109(a)
Vernon v Autodesk: Vernon’s narra7ve
March 21, 2015
Copyright Autodesk
Authorized Copy
Autodesk
Authorized Copy Vernon
copy
Authorized Copy Buyer
Ebay
resale 109(a) n.a.
Authorized Copy CTA
lease
Purported resale 109(a) n.a.
Vernon v Autodesk: Autodesk’s narra7ve
Vernon v. Autodesk: Holding
We hold today that a soeware user is a licensee rather than an owner of a copy where the copyright owner (1) specifies that the user is granted a license; (2) significantly restricts the user's ability to transfer the soeware; and (3) imposes notable use restric7ons
March 21, 2015
March 21, 2015
Cable TV & Radio System
Restaurant D
igital broadcast
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Violations of §106
Set-top box
TV
Subscriber
Warner Bros. NBC
Cablevision
HBO
Cartoon Network
BMR 1.2 second buffer
Arroyo Server
Primary buffer
Secondary buffer
hard drives
DVR
Home
0.1 second buffer
(1) Unauthorized reproduc7on?
(2) Unauthorized reproduc7on?
(3) Public performance?
Aereo (2014)
“[I]n light of the purpose and text of the [Transmit] Clause, we conclude that when an en7ty communicates the same contemporaneously percep7ble images and sounds to mul7ple people, it transmits a performance to them regardless of the number of discrete communica7ons it makes.”
Aereo (2014)
“[A]n en7ty that transmits a performance to individuals in their capaci7es as owners or possessors does not perform to ‘the public,’ whereas an en7ty like Aereo that transmits to large numbers of paying subscribers who lack any prior rela7onship to the works does so perform.”
Aereo (2014)
“[T]he doctrine of ‘fair use’ can help to prevent inappropriate or inequitable applica7ons of the [Transmit] Clause.”