To Copy, or Not to Copy, That is
the Quandary: An Introduction to
Copying Under the Copyright Law
Jody Blanke, Professor
Computer Information Systems
and Law
Mercer University, Atlanta
ASCUE - June 11, 2002
Copyright Law

Article I, Section 8 of the Constitution

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
Copyright Act of 1790


Applied to books, maps and charts
Term: 14 years (renewable for 14
years)
Copyright Act of 1976


Applies to literary works, musical works,
dramatic works, pantomimes and
choreographic works, pictorial, graphic,
and sculptural works, motion pictures
and other audiovisual works, sound
recordings, and architectural works
Term: life of the author plus 50 years
Sonny Bono Copyright Term
Extension Act of 1998



Extended the term to life of the author
plus 70 years
Added 20 years to terms of existing
copyrighted works
No new works will enter the public
domain until 2019
Federal Copyright Interest




Upon fixation in a tangible medium
No requirement to file
Owner has right to reproduce, sell, rent,
lease, lend, perform, display, prepare
derivative work
Subject to some limitations or
exceptions

“Fair use”
Fair Use

Section 107 of the Copyright Act

“[T]he fair use of a copyrighted work … for
purposes such as criticism, comment, news
reporting, teaching (including multiple
copies for classroom use), scholarship, or
research, is not an infringement of
copyright. In determining whether the use
made of a work in any particular case is a
fair use the factors to be considered shall
include—”
Different Media



Copyright can apply to work in many
different media
However, different laws have evolved
around different media
Very confusing
Examples
Ilani

Ilani, Rachel, Ashton and Melissa chip in
to buy one copy of the latest John
Grisham novel and to make three
photocopies of the book. They draw
straws to see who gets to keep the
book. This scheme works so well that
they decide to do the same thing for
their Psychology 101 textbook.
Zack

Zack, Tim and Byron share their
resources to buy a CD-ROM game for
the PC. They "burn" extra copies so
that each of them can install and use
the game on their own PC.
Melanie

Melanie's father videotapes the movie
"Aladdin" from a channel on public
airwaves. He tapes the "Lion King"
from the Disney Channel on their cable
service. He borrows a friend's "Beauty
and the Beast" videotape and makes a
copy on his dual cassette video
recorder.
Charlene

Charlene buys a high-quality
audiocassette and tapes a broadcast of
a Lyle Lovett album from the radio.
Bruce

Bruce buys a copy of the "O Brother,
Where Art Thou?" soundtrack CD. He
makes an audiocassette copy for his car
and "burns" a CD copy for his wife's car.
Jaime

Jaime downloads 23 "Elliott Smith"
songs on her computer in MP3 format.
She "burns" them onto a CD to listen to
on her Walkman and in her car.
Adam

Adam buys a copy of the "Sex and the
City: The Third Season" DVD. He
makes an extra copy of it and takes it
to school with him, leaving the original
at home with his parents.
Stacie

For Stacie's eighth grade project on
"Multimedia Today," she collects a
variety of text, art, photos, audio and
video from the Web, and compiles them
on a CD. She gets an A+.
RIAA v. Diamond Multimedia




Court refused to enjoin manufacture of
Rio, portable MP3 player
Not a “digital audio recording device”
Not subject to AHRA requirements
“Space-shifting”
A & M Records v. Napster



Enjoined Napster from facilitating the
distribution of copyrighted works
Rejected “fair use” defense
Not “space-shifting” or “time-shifting”
New York Times v. Tasini

Assignment of copyright interest by
freelance writer to newspaper did not
extend to inclusion of work in electronic
database absent specific language
SunTrust Bank v. Houghton
Mifflin Company


Court vacated an injunction prohibiting
the publication of The Wind Done Gone
Excellent discussion of the history and
purpose of copyright law and parody as
fair use
Universal City Studios v. Corley


Court permanently enjoined publication
of DeCSS circumvention code
Rejected First Amendment challenge to
DCMA’s anticircumvention provisions
Eldred v. Ashcroft


Supreme Court agreed to hear appeal
Challenges constitutionality of Sonny
Bono Copyright Term Extension Act


Extension of terms do not “promote the
progress of science”
Depletes the public domain