COPYRIGHT LAW 2006
CLASS 3
Columbus School of Law
The Catholic University of America
Professor Fischer
Jan. 17, 2006
WRAP-UP: Historical Trends
• 1. Progressive expansion of copyrightable
subject matter
• 2. Progressive expansion of copyright
duration
• 3. Steadily reduced importance of
formalities
ANOTHER HISTORICAL TREND
• Growing US participation in international
copyright system
Berne Convention
• Developed at
instigation of Victor
Hugo
• 1886
• U.S.: March, 1, 1989
TRIPS Agreement
• Gave Berne Convention teeth
WHO DOES COPYRIGHT LAW
BENEFIT?
WHO DOES COPYRIGHT LAW
BENEFIT?
• Authors
• Authors’ Families
• Corporate Interests - Publishers,
Distributors, Producers
• Society, General Public/Government
• Lawyers
WHO DOES COPYRIGHT LAW
BURDEN?
COPYRIGHT
• PERSONAL RIGHT
(MORAL RIGHT)?
• PROPERTY RIGHT?
• MONOPOLY?
Economic Analysis of
Copyright Doctrine
• William M. Landes and Judge
Richard A. Posner, An Economic
Analysis of Copyright Law, 18 J.
Legal Stud. 325 (1989)
• Are their arguments valid in a
digital age?
INTELLECTUAL PROPERTY: A
PUBLIC GOOD?
TWO IMPORTANT
COPYRIGHT LAW CASES
• 1. Burrow-Giles Lithographic Society v.
Sarony (1884) - CB p. 29
• 2. Bleistein v. Donaldson Lithographic Co.
(1903) - CB p. 34
Burrow-Giles Lithographic
Society v. Sarony (1884) CB 29
• What were the
2 important
constitutional
questions on
which the
Supreme Court
had to rule in
this case?
Some other Photos by Napoleon
Sarony
Bleistein v. Donaldson
Lithographing Co. (1903) CB 33
• Is this decision
consistent with
the Patent and
Copyright
clause?