Hughes F06 Copyright outline

Hughes F06 Copyright outline - Introduction o Incentive for...

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Introduction o Incentive for people to create art. o Copyright democratized creativity, anyone could go to market and bring their services. o Statute of Anne—incentive for new expression. o U.S. Constitution protects expression as well. Art I, Sec. 8, Cl 8. “Congress shall have 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 writings and discoveries.” Protection of “writings” has been expanded over time. Did not specifically state what “exclusive rights” the author gets. Economic rights structure as incentive to create, can bring the work directly to market AND natural right—since it arose out of your mind. 1976 Act § 106—exclusive rights of the copyright holder o Reproduce o Prepare derivative works o Distribute o Perform copyrighted works publicly o Display pictorial or sculptural works publicly Visual Art Rights Act of 1990 o Rights to protect the integrity of a work 106A(3) prevent distortion (only there for works of fine art limited to 200 copies or less.) o Right of attribution—you have the right to have your name attached to the work. What is protected? § 102 Literary works Musical works Dramatic works Pantomimes, choreographic Pictorial, graphic, and sculptural works Motion pictures Sound recordings Architectural works o The works have to be “original” and “fixed in a tangible medium of expression” known now or known sometime in the future. o Fixation Stabilized in permanent and enduring form
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If the work can be “perceived, reproduced, or otherwise communicated either directly or with the aid of a machine or device.” “transient imagery” is not fixed, such as a fleeting image on a TV screen (House Report) Simultaneous recording of a broadcast is fixed. E-mails are sufficiently fixed. A recording of an impromptu talk given by a professor, not fixed, but if you did it at his direction it would be fixed. Fixation standard can be very fleeting, you can always take a picture to “fix” it. Mai Systems v. peak computer (1993)— Mai designed software and manufactured computers, Peak maintains computer systems. Mai employees left to work for Peak. Peak servicing computers with software licensed by Mai. License allows 2 copies of the software to be made. Mai claiming that they did not give Peak the right to copy the software in the RAM, that is outside the license. Is the copy in the RAM fixed, for copyright protection? Ct found that Peak’s running of Mai software constituted copyright infringement. The temporary copy created in RAM is more than a transitory copy and is sufficiently fixed. The copies in RAM can be “perceived, reproduced, or communicated.” Peak employees could pull up the program. 1976 House report said that if a work is temporarily in the
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This note was uploaded on 02/14/2008 for the course LAW 7572 taught by Professor Beebe during the Fall '03 term at Yeshiva.

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Hughes F06 Copyright outline - Introduction o Incentive for...

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