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Sterk Copyright mini-outline - Fall 2002

Sterk Copyright mini-outline - Fall 2002 - Copyright...

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Copyright Outline 1. Does the Court have jurisidiction? a. Getting into federal court- there has to be a federal claim i. T.B Harms v.Eliscu – Subject matter jurisdiction occurs only when the complaint at hand calls for a remedy expressly granted by the Copyright act of 1909. (i.e. – infringement, suit for statutory royalties for record reproduction, a claim requiring construction of the copyright act. 2. Is the work copyrightable? Section 102 of the copyright act. a. Does it fulfill the definition of 102(a): original work of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, wither directly or with the aid of a machine or device. i. Is it original: two formulated requirements: (a) independently created; (b) pass a minimum standard of creativity. 1. Things to think about: make sure you consider the definition of the works of authorship and apply it exactly, i.e. Atari v. oman was an audiovisual work so the game had to be looked at in terms of the creativity of its series of pictures not it’s individual components. REMEMBER THERE IS NO MAGIC FORMULA, LOOK AT ALL THE FACTS. 2. Case law relating to originality a. Atari v. Oman – look at the work as a whole b. Feist – for compilations creativity is manifested in selction, coordination and arrangement of data c. Bleistein – Courts are objectively looking at copyright and seeing if the work passes the minimum standard, there is no judgement as to whether something is “art” or not. ii. is it a work of authorship? 1. Look to the definitions in section 101 to make sure all the components are fulfilled. 2. Derivative works a. SHL imaging v. Munn – a derivative work must be a recasting, transformation or adaptation of the original work. b. Your work has to be based on a pre-existing work c. Sound recordings – an interpretation of music, a rendering of a composition. A sound recording usually has joint copyright because there is the performer and the recording engineer. d. Only the new parts are protected in the derivative works
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e. Lee v. A.R.T. Company – The court found that without a physical change to the object no derivative work had been created. 3. Collective works – include anthologies of poetry and articles in encyclopedias. Compilations fall under collective works. The copyright applies to the entire compilation as a whole and is based on the selection, coordination and arrangement of the individual works. But the individual author’s still retain the rights in the individual work. (201) a. New york times v. Tasini – the times could not transfer to Lexis the right to use individual articles and photos done by free lancers because they did not own the copyrights and you can’t give what you don’t have.
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