Copyright Law
Ronald W. Staudt
Class 1
August 27, 2013
Copyright © 2001, 2002, 2003, 2004, 2005, 2007, 2008 , 2009, 2010, 2012 Ronald W. Staudt
Copyright
Seating Chart
Course Information & Assignments
Text
Assignments
Internet & LEXIS access
Grading and Class Attendance/Participation
Attendance Requirement
Web Site
 http://www.kentlaw.edu/faculty/rstaudt/classes/copyright_fall
2013/index.htm
Assignments
Links
Copyright Basics
Copyright Basics
An introduction to copyright law drawn from the
copyright statute and from Copyright Basics by
the Library of Congress, Copyright Office.
See also CCC web page:
http://www.copyright.com/ccc/viewPage.do?pag
eCode=cr10-n
And pp. 38-49 in the casebook
Course Overview
Code Course – Title 17 USC
US Copyright Office- laws pages-http://www.copyright.gov/laws/
LII Cornell’s Legal Information Institute
Fun facts: Tyler Perry, Google, Perfect 10,
Grokster, New York Times, Mickey Mouse,
Jimmy Stewart, Roy Orbison, 2 Live Crew,
Microsoft, West Publishing, Sega, Peter Rabbit,
Superman, Rocky, X-Men etc., etc.
Critically important to the new economy
Rapidly changing and in the news
Tyler Perry Shakes Novelist's 'Good
Deeds' Copyright Suit
A New York federal judge on Wednesday
threw out a novelist’s infringement suit
against Tyler Perry and Lions Gate
Entertainment Corp., granting a motion for
judgment in favor of the movie studio after
it argued none of the elements in the movie
“Good Deeds” bore a resemblance to the
story in the book in question
Marvel Beats Artist's Heirs In 2nd
Circ. Copyright Row
Marvel Comics Worldwide Inc. owns
the work of a famed cartoonist who
contributed to comic books like the
"Fantastic Four" and "X-Men," the
Second Circuit ruled Thursday,
shooting down a legal challenge from
his heirs
Nike Settles With Photographer
Behind 'Bo Knows' Campaign
The photographer behind the iconic
image of two-sport phenom Bo Jackson
that launched Nike Inc.'s “Bo Knows”
advertising campaign has reached an
initial agreement with the athletic
apparel giant to settle his copyright
infringement suit in New York federal
court, according to court documents
filed Thursday
Universal Settles Royalty Row Over
Rihanna, Bieber Songs
A New York federal judge on Friday
approved an agreement releasing
Universal Music's UMG Recordings Inc.
from copyright infringement claims
lodged by a music production company
looking to collect royalties for songs
recorded by Universal artists like
Rihanna and Justin Bieber.
9th Circ. Buries 'Death At A
Funeral' IP Suit
The Ninth Circuit on Friday refused to
revive a writer's copyright suit against
Sony Pictures Entertainment Inc.
alleging the Chris Rock movie "Death at
a Funeral" copied elements of a book
she wrote and a home video of an
assault she suffered at a funeral,
saying she failed to show the works
were substantially similar.
Copyright assignments
Today:
Historical Overview
General Principles
property, personal right, monopoly
Economic Analysis & ©
Burrow-Giles Lithographic v. Sarony
Bleistein v. Donaldson Lithographing Co.
Historical Overview
1. Stationers Company Monopoly- 1556
2. Statute of Anne- 1710, April 10
Printed books
Ruin of Authors and their Families
Encouragement to learned men…
Author’s right for 14 + 14
Registration and deposit
Destruction and damages for violation
3. Donaldson v. Becket- 1774
Historical Overview
4. US Constitution Article 1, Section 8 Clause 8
“The Congress shall have the power…to promote
the progress of science and the useful arts, by
securing for limited times to authors and
inventors the exclusive right to their respective
writings and discoveries.”
Historical Overview
 5. Copyright Act of 1790
“map chart or book”
14 years after recording and publishing record
14 year renewal
1802 notice requirement added
 6. Wheaton v. Peters
No Federal common law of ©
No Pa. common law of © in published works
 7. US Statutory Revision
1802
1831
1856
1865
1870
add prints
musical compositions
plays and public performances
photographs
painting drawings sculpture
Historical Overview
US Statutory Revision (cont.)
1891 foreigners can get US copyright
Copyright Act of 1909
Publication with notice
 28+28
Copyright Act of 1976
Fixed in a tangible medium of expression
Life + 50
Termination Right
Notice required but omission curable
Berne Adherence Amendments of 1988
Notice optional
Registration not required for foreigners
Historical Overview
1990 Amendments
Visual Artists Rights Act
Architectural Works Act
Computer Software Rental Act
1992 Amendments
Automatic renewal
Audio Home Recording Act
1998 Amendments
Digital Millennium Copyright Act
Sonny Bono Copyright Term Extension Act
General Principles
Copyright as property, as personal right, as
monopoly
Mazer v. Stein
..personal gain is the way to advance public welfare
Sony
…monopoly privileges…intended to motivate the
creative activity of authors…and to allow public
access…after the limited period of exclusive control
Texaco
Copyright celebrates the profit motive…recognizing
that the incentive …will redound to the public benefit
Competing Perspectives
Chafee quoting
Macaulay, p 15:
“It is a tax on readers
for the purpose of
giving a bounty to
writers. The tax is an
exceedingly bad one;
it is a tax on one of
the most innocent
and most salutary of
human pleasures…”
Ladd, p 28:
“Every limitation on
copyright is a kind of
rate-setting. …more
wisely left with the
people than vested in
a government
tribunal…or even a
sincere judge…
Economic Analysis of
Copyright
Economic incentives for creative activity will
increase society’s welfare
Other incentives to create
J. Breyer- headstart may be enough but
uncertainty argues for retaining the protection
Profits must subsidize low selling works
Landes & Posner- 9 factors limiting copying and
the cost of expression driven by copyright
Balance between access and incentives.
http://www.humnet.ucla.edu/humnet/clarklib/wildphot/sarony.htm
Burrow-Giles
U.S. Constitution Art 1, Sect. 8, Cl. 8
“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”
Was © established under the existing statute?
Burrow-Giles
Writing?…Production of an author?
1790--maps charts and books
1802 add prints
1831 musical compositions
1856 plays and public performances
1865 photographs
1870 painting drawings sculpture
What is an author?
Burrow-Giles
Author: “he to whom anything owes its
origin…”
Writing: “…original intellectual
conceptions of an author...”
New?
Original?
Bleistein below &
Justice Harlan’s dissent
… if a chromo, lithograph, or other print,
engraving, or picture has no other use than that
of a mere advertisement, and no value aside from
this function, it would not be promotive of the
useful arts, within the meaning of the
constitutional provision, to protect the "author" in
the exclusive use thereof, and the copyright
statute should not be construed as including such
a publication, if any other construction is
admissible.
Bleistein below &
dissent, Justice Harlan
If a mere label simply designating or describing an
article to which it is attached, and which has no
value separated from the article, does not come
within the constitutional clause upon the subject of
copyright, it must follow that a pictorial illustration
designed and useful only as an advertisement, and
having no intrinsic value other than its function as
an advertisement, must be equally without the
obvious meaning of the constitution.
Bleistein
Famous quotes:
But even if they had been drawn from life, that
fact would not deprive them of protection. ...
Valasquez and Whistler argument?
Others are free to copy the original. They are
not free to copy the copy.
Bleistein on Originality
Famous quotes:
The copy is the personal reaction of an
individual upon nature. Personality always
contains something unique. It expresses
its singularity even in handwriting, and a
very modest grade of art has in it
something irreducible, which is one man's
alone. That something he may copyright
unless there is a restriction in the words
of the act.
Bleistein
Famous quotes:
The least pretentious picture has more
originality in it than directories and the like,
which may be copyrighted.
Is the poster original, enough “work” or “effort”
Bleistein
Famous quotes:
A rule cannot be laid down that
would excommunicate the paintings
of Degas.
Ads in?
Bleistein
Famous quotes:
It would be a dangerous undertaking for
persons trained only to the law to
constitute themselves final judges of the
worth of pictorial illustrations, outside of
the narrowest and most obvious limits.
“In connection with the fine arts?”
Questions p. 37-8
Comic strip
Design for a flag
Pornographic work
Unpublished work in a drawer
1000 years
Authorship, does it imply work, novelty
Writing –what is excluded?
Assignment for next class
Wednesday August 29, 2013
Distinctions between copyright and
patent/trademark, pp. 50-75
Bell v. Catalda
Trademark Cases
Warne
Dastar v. 20th Century Fox
Forward v. Thorogood