Copyright Law Notes

Copyrights and Intellectual Property

Introduction

• Copyrights, patents, and trademarks are types of intellectual property.
• Patents: Inventions, not works of authorship (not discussed).
• Trademarks: Discussed in relation to copyrights to distinguish the two.

Trademarks vs. Copyrights

• Trademarks protect product logos, which are not copyrightable.

Copyright Notice

• Copyright notice includes the circle c symbol, the year, and the copyright claimant.
• Purpose: To notify the world of a copyright claim.

Constitutional Basis of Copyright

• The power to regulate copyrights comes from the U.S. Constitution.
• Article 1, Section 8: Grants Congress the power to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and discoveries."
• This clause gives Congress exclusive power over copyright laws.
• States cannot pass their own copyright laws.

Historical Context

• English common law roots of copyright protection.
• The government grants exclusive rights to creators because original works are valuable.
• Financial incentive: Encourages creation of original works.

Incentive for Creation

• Exclusive rights incentivize authors and inventors.
• Without protection, others could steal and profit from original works, discouraging creation.

Monopoly Rights

• Copyrights are sometimes called monopoly rights.
• Economic concept related to products sold in the marketplace.
• Copyright can exist even if a work is not sold or distributed.
• Exclusive right to stop others from making money off the work.
• Copyright holder can sue for damages if their work is copied or used without permission.

Copyright Infringement

• Using copyrighted work without permission is copyright infringement.
• Copyright holders charge royalties for permission to use their work.
• Royalty agreements are contracts called licenses.
• Licenses grant permission to use someone else's property.

International Implications

• U.S. copyright laws can be enforced in other countries with agreements.
• Treaties are formal agreements between countries regarding legal relations.
• The Berne Convention allows international enforcement of copyrights.
• The U.S. signed the Berne Convention in 1988.
• Many countries have agreed to enforce copyright laws internationally.

Protected Works

• Requirements for copyright protection:
  • Original work of authorship.
  • Fixed in a tangible medium.
• Ideas alone are not protected; they must be written or recorded.
• Copyright protection attaches as soon as the work is fixed in a tangible medium.
• Registration is not required for a valid copyright but is needed to enforce it in court.

Types of Copyrightable Materials

• Written works: Books, newspapers, articles, essays, theses, plays, pamphlets.
• Photographs, graphic arts, sculpture, videos, audio recordings, lyrics.
• Architectural works: Blueprints and drawings.
• Dance routines: Choreography (must be written down).

Originality

• The work must be original.
• Originality can be disputed, especially with similar themes.
• Substantial similarity to existing works can be infringement.
• Computer programs and software can be copyrighted.

Trademarks and Copyrights

• Design shapes and patterns (e.g., product logos) are protected by trademark laws, not copyright laws.
• Product names, designs, and slogans are typically protected by trademark law.

Trademark Law

• Trademarks are protected to prevent consumer confusion and free-riding.
• Infringement depends on whether consumers would confuse the infringing product with the original.

Originality in Copyright

• Even with similar plot lines, a work can be original if it takes a different approach.
• Originality is a factual issue based on the totality of circumstances.

Unprotected Matter

• Basic ideas not fixed in a tangible medium.
• Historical facts, incidents, and events.
• Business logos, slogans, and jingles (protected by trademark law).
• Book, movie, and song titles.
• Snippets of language like words and phrases.

Plagiarism vs. Copyright Infringement

• Plagiarism and copyright infringement are not the same.
• Plagiarism is not a legal concept; it is a matter of ethics and honesty.
• Copyright infringement is a legal issue.
• Plagiarism is the problem of not attributing material to its original source.
• Citing the source does not relieve liability for copyright infringement.

Ethics of Plagiarism

• Plagiarism is academic cheating, a form of dishonesty.
• It misleads the reader into thinking the writer came up with the material.
• Plagiarism can lead to job loss or academic discipline.

Ethical Codes on Plagiarism

• SPJ (Society of Professional Journalists) code: Never plagiarize.
• RTDNA (Radio Television Digital News Association) code: Attribution is essential.
• Plagiarism is the unattributed use of someone else's work.

Copyright Ownership

• The original creator is not always the copyright holder.
• Two main situations:
  • Work for hire.
  • Transfer of copyright.

Work for Hire

• Work for hire: When someone is paid to create original work.
• The copyright is held by the company that employed the author.
• Contracts should specify who owns the copyright.

Transfer of Copyright

• Copyrights are property and can be transferred.
• The transferee (recipient of the transfer) becomes the copyright holder.
• Therefore, it's more accurate to refer to "copyright holder's rights" rather than "author's rights."

Exclusive Rights Under Copyright

• The Copyright Act of 1976 establishes six exclusive rights.
• These rights are subject to fair use exceptions.

Six Exclusive Rights

1. Reproduce copies of the work.
2. Make derivative works.
3. Distribute or rebroadcast the work publicly.
4. Publicly perform the work.
5. Publicly display photos, paintings, and sculptures.
6. Transmit sound recordings through digital audio means.

Derivative Works

• Derivative works: Taking an original work from one medium and putting it into another (e.g., a movie made from a book).
• Requires permission from the copyright holder, usually for a fee.

Fair Use

• Copying small portions for homework may be fair use, especially in educational settings.
• Copying an entire book is infringement.
• Educational uses can be fair as long as the quantity is limited.

Distribution Rights

• Distribution without charge is still infringement since only the copyright holder can authorize distribution.

Public Performance Rights

• High schools need licenses to perform copyrighted plays.
• Performing an entire play without permission is usually not fair use.

Public Display Rights

• Public display of copyrighted visual works requires permission.

Digital Audio Transmission

• Transmitting sound recordings through digital audio means requires permission.
• This was clarified to address peer-to-peer sharing services like Napster.

Non-Infringing Uses

• Time-shifting of broadcasts (recording a show to watch later).
• Betamax case: Supreme Court ruled that selling VCRs was not contributory infringement because most people use them for time-shifting.