Copyright Law: Week 1

What is the constitutional basis for U.S. copyright law, and what is its stated purpose?

U.S. copyright law is based on Article 1, Section 8 of the Constitution, which grants Congress the power "To promote the Progress of Science and useful Arts." Its stated purpose is to incentivize authors to create and disseminate their works for the public benefit.

Explain the concept of "public goods" in relation to copyright and how copyright addresses this characteristic.

Information is a "public good" because it is non-rivalrous (one person's use doesn't diminish another's) and non-excludable (difficult to prevent others from using it). Copyright addresses this by granting exclusive rights, allowing creators to recoup their investments and encouraging further production that might otherwise be underfunded.

How did early copyright laws in England, like the Statute of Anne, differ from the modern U.S. approach in their primary motivation?

Early copyright laws in England, such as the Statute of Anne, were primarily motivated by censorship and control of the printing press. In contrast, the modern U.S. approach, rooted in the Constitution, focuses on incentivizing authors to create for the "Progress of Science and useful Arts."

Define "fixation" in the context of copyright law, and explain why a live, unrecorded performance is generally not copyrightable.

"Fixation" means a work is embodied in a tangible medium, permanent or stable enough to be perceived or reproduced for more than a transitory duration. A live, unrecorded performance is not copyrightable because it lacks this permanent embodiment; it is fleeting and not fixed in a material form.

What is the "idea/expression dichotomy," and why is it a crucial principle in copyright law?

The "idea/expression dichotomy" is a core principle stating that copyright protects the unique expression of an idea, but not the idea itself. This prevents individuals from monopolizing basic concepts, ensuring that others are free to use ideas as long as they express them differently.

According to the Feist Publications case, what aspects of a factual compilation are not copyrightable, and what might be protected?

According to Feist Publications, facts themselves are not copyrightable. However, a factual compilation might be protected if the selection or arrangement of those facts demonstrates a minimal degree of originality and creativity on the part of the author.

Briefly describe the "originality" requirement for copyright protection. What is the standard for originality, and does it require novelty?

The "originality" requirement dictates that a work must be independently created by the author and possess at least a minimal level of creativity. It does not require the work to be novel or unique in the sense of patent law; it merely needs to originate from the author.

Identify three categories of works that are explicitly not copyrightable under U.S. law, even if they are part of a larger copyrighted work.

Three categories of works not copyrightable are: ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries; facts; and mere listings of ingredients or contents (e.g., blank forms).

Explain the "merger doctrine" and its consequence for copyright protection.

The "merger doctrine" applies when an idea can only be expressed in a very limited number of ways, causing the idea and its expression to "merge." This results in "thin copyright" protection, meaning only virtually identical copying would be considered infringement, to prevent monopolizing the idea itself.

How have technological changes, particularly the advent of digital media, impacted the challenges faced by copyright law?

Technological changes, particularly digital media, have introduced new challenges by making it easier to copy and distribute works globally and rapidly. This necessitates continuous adaptation of copyright laws to address new forms of infringement, while balancing creator incentives with public access in the digital age.

Copyright

A legal right granted to an author or creator of original works of authorship, fixed in a tangible medium of expression, giving them exclusive rights to reproduce, distribute, perform, display, and create derivative works for a limited time.

Originality

A fundamental requirement for copyright protection, meaning the work must be independently created by the author and possess at least a minimal degree of creativity. It does not require novelty.

Fixation

The requirement that a work of authorship must be embodied in a sufficiently permanent or stable "tangible medium of expression" to be perceived, reproduced, or communicated for more than a transitory duration.

Tangible Medium of Expression

A material form (e.g., paper, digital file, recording) in which a work is fixed and can be perceived, reproduced, or communicated.

Works of Authorship

Categories of creative expression eligible for copyright protection, including literary, musical, dramatic, pictorial, graphic, sculptural, motion picture, audiovisual, sound recording, and architectural works.

Idea/Expression Dichotomy

A core principle in copyright law stating that copyright protects the expression of an idea, but not the idea itself.

Public Domain

The status of a work that is not protected by intellectual property rights, meaning it can be freely used by anyone without permission or payment. Works typically enter the public domain after their copyright term expires.

Exclusive Rights

The set of rights granted to a copyright holder, typically including the right to reproduce, distribute, perform, display, and create derivative works from their original work.

Progress of Science and Useful Arts

The constitutional objective of copyright law in the U.S., aiming to foster advancement and innovation by incentivizing creators.

Public Goods

Economic goods that are both non-rivalrous (consumption by one person does not prevent consumption by another) and non-excludable (it is difficult to prevent non-payers from consuming the good). Information is often considered a public good.

Marginal Cost

The cost incurred by producing one additional unit of a good or service. For creative works, the marginal cost of producing additional copies (especially digital) is often very low, making copyright important for recouping initial creation costs.

Statute of Anne

The first copyright statute in Great Britain (1710), often considered a precursor to modern copyright law, which shifted focus from printer privileges to author rights.

Burrow-Giles Lithographic Co. v. Sarony (1884)

A Supreme Court case that established that photographs could be considered "original works of authorship" and thus copyrightable.

Bleistein v. Donaldson Lithographing Co. (1903)

A Supreme Court case that affirmed the copyrightability of advertisements, emphasizing that courts should not judge the artistic merit or commercial value of a work when assessing originality.

Feist Publications, Inc. v. Rural Telephone Service Co. (1991)

A landmark Supreme Court case that ruled facts are not copyrightable, and a mere alphabetical compilation of facts (like a phone book) lacks the originality required for copyright protection.

Merger Doctrine

A legal principle where copyright protection is denied to an expression when the idea behind it can only be expressed in a very limited number of ways, causing the idea and its expression to "merge."

Thin Copyright

A limited form of copyright protection granted to works with minimal originality or where the merger doctrine applies, meaning only nearly identical copying would constitute infringement.