copyright

Copyright

A form of federal protection for original works of authorship fixed in a tangible medium

Fixed

A work that is recorded or written down so it can be seen, heard, or revisited later

Copyright Infringement

Using someone else’s copyrighted work without permission in a way that violates their rights

Example of Infringement

Using copyrighted music in a video without permission

Access (in infringement cases)

Whether the accused had access to the original work

Substantial Similarity

Whether two works are similar enough to suggest copying

Derivative Work

A new work based on or adapted from an existing one (e.g., book to movie)

Public Domain

Works not protected by copyright (expired or never eligible)

Not Copyrightable

Ideas, facts, short phrases, titles, and natural objects

Copyrightable

Original works that are fixed (music, films, photos, sculptures, writing)

Snowman Example

You can copyright a photo of a snowman, but not the snowman itself

Rights of Copyright Owner

Reproduce, distribute, create derivatives, perform/display

Digital Distribution

Sharing work over the internet (e.g., streaming music)

Why Register Copyright

To sue for infringement, prove ownership, and receive damages

Copyright Claims Board (CCB)

A smaller, alternative system to resolve copyright disputes

Sony Corp. v. Universal

Recording TV shows for personal use is not infringement

Reason (Sony Case)

Time

CCNV v. Reid

Independent contractor owns the copyright, not the hiring organization

Reason (CCNV Case)

Reid was not an employee (not “work for hire”)

Bright Tunes v. Harrisongs

Subconscious copying is still infringement

Reason (Bright Tunes Case)

The songs were substantially similar

Seltzer v. Green Day

Use of artwork was not infringement

Reason (Seltzer Case)

The use was transformative (fair use)

Fair Use

Limited use of copyrighted material without permission (case by case)

Transformative Use

Adding new meaning or message to a work (important for fair use)

Work for Hire

When an employer owns the copyright instead of the creator