Copyright (Ch. 14)

Intellectual Property Law

Copyright law, trademark law, patent law, and trade secret law constitute the body of law known as intellectual property.

Intellectual Property

Intangible property that a person cannot touch, hold, or lock away for safekeeping.

Copyright

A copyright is an exclusive legal right protecting intellectual creations from unauthorized use. The work’s creator—the copyright holder—determines who can use the work, for what purpose and for how long.

Public Domain

Refers to creative materials that are not protected by intellectual property laws. The public can use public domain work without permission.

What may be copyrighted

Copyright protection applies to “original works of authorship” that are “fixed in any tangible medium of expression.” Only “original” works can be copyrighted. (Both published and unpublished.) Original: Work must owe its origin to the author. ○ Does not have to be new, unique, or good. ○ Even common and mundane works are copyrightable.

Transformative use

When the reuse of an original copyrighted work has transformed the work’s appearance or nature to such a degree that the use is not infringing.

Fair Use Defense

Factors to be considered in determining fair use: ● The purpose and character of the use. ● The nature of the copyrighted work. ● The amount and substantiality of the portion used in relation to the copyrighted work as a whole. ● The effect of the use on the potential market for or value of the copyrighted work. Categories of use that may be protected under fair use include: Criticism, comment, parody, teaching, scholarship and research.

Damages

Plaintiffs may: • Ask the court to assess the defendant for any damage they have suffered. • Ask for the reimbursement of profits made by the infringer from pirating the protected work. • Receive statutory damages, damage amounts prescribed by the copyright law.

Copyright and Music

Music is perhaps the most restricted and licensed of all creative work, and musical copyright disputes are common. • In order to publicly play music, a license is needed. • General legal rule is to obtain a license or permission before sampling. Sampling can involve several seconds of a song or only a small riff or sequence of notes or words.