Copyrights
Introduction to
Copyright.
Intangible property right to
author for her life plus 70 years.
Automatic protection after 1978.
Works can be protected by
registration at U.S. Copyright Office.
Copyrights
Can only copyright the expression
of an idea, not the idea itself.
Work must be original and fixed
in a durable medium: literary, musical, chorographical
and dramatic works, pictoral, graphic and sculptures, films/ audiovisual/ TV/
sounds, computer software and architectural plans.
Compilations of facts are
copyrightable but the compilation must be “original.”
§ Bellsouth v.
Donnelley
(1993).
“Work Made For Hire” for
Employees.
Copyright Infringement: whenever
unauthorized copying occurs.
Ø Damages: actual
to criminal prosecution.
‘Fair
Use’ Exception
Section 107 of
the Copyright Act
provides for exception to liability from reproduction of copyright under the
“fair use” doctrine when material is used for criticism, comment, news,
criticism, teaching, and research.
Software
Copyrights
Ø Classifies
computer software as a “literary work.”
Ø Does not apply
to “look and feel.”
•
Lotus v. Borland (1996).
Copyrights
in Digital Information
Much of the content on the
internet consists of copyrighted I.P.
Copyright Act of 1976.
Case 7.3: New York
Times v. Tasini (2001).
Further Developments:
Ø No Electronic
Theft Act (1997). à
Copyrights
in Digital Information
Provides civil and criminal
penalties to circumvent encryption software (like DVD).
Limits ISP liability for
subscriber act.
‘Fair Use’ Exceptions for
Libraries, universities and others.
Copyrights
in Digital Information
MP3 and File Sharing.
Peer to Peer (P2P) Networking.
Ø Music sharing
(Napster, Kazaa, Gnutella).
Case 7.4: A & M Records v. Napster
(2001) in which Court found Napster
vicariously liable for copyright infringement of its users.
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