Sterk F02 copyright-main outline

Sterk F02 - I II Basis of Protection A Copyright clause of Federal Consitution Congress is given the authority to grant protection for limited time

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I. Basis of Protection A. Copyright clause of Federal Consitution – Congress is given the authority to grant protection for limited time to authors and inventors (coyprights and patents) in order to ensure the promotion of arts and science for the general public. This means that the protection given acts as an incentive for authors/inventors to create. B. 1976 act – most recent modification of the copyright act. Took the statutory qualification of the1909 act and codified common law concepts that had been developed since then. II. Copyright Protection – copyright protection cannot be waived. An author can choose not to enforce the copyright but he cannot waive. A. It can be activiated by registration with the copyright office. Subject to §102 B. Even without official registration protection is activiated by fixation- §102 – copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device. (there is no protection given for ideas only expressions.) 1. Fixation requirement a. What is it? - 1976 act §101 (definitions) – a work is fixed when its embodiement is a copy or phonorecord, by or under the authority of the author , is sufficiently permanent or stable to permit it to be percieved, reproduced, or otherwise communicated for a period of more than transitory duration b. Why require it? 1. requiring fixation helps with the cases because it prevents the evidentiary issue to the court. If something is not fixed how can we compare it or determine whether there is infringement. 2. There is also a policy argument that asks why should we protect people who do not take some minimum effort in preserving their work. If an author does not “fix” his work then there is a notion that he doesn’t really deserve protection of his work. c. Midway Manufacturing v. Artic International – Midway made two video games: Galaxian and Pac- Man. Artic sells electronic devices that are intended to simulate the two games as well as devices that speed up or alter the Galaxian game. Midway brings an infringement suit. Artic defends by saying that the audiovisual aspects of the two games do not have copyright protection under §102 because they are not “fixed” as defined by §101. The issue is whether the audiovisual display of the Midway video games are fixed in a tangible medium of expression because, artic contends, the computer games are simply generating a new set of pictures at all times because of the small ROM so there is no fixation of the complete display. The court decides that there is adequate fixation because the images are contained in the ROM and can be reproduced with the aid of a microprocessor. 3.
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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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Sterk F02 - I II Basis of Protection A Copyright clause of Federal Consitution Congress is given the authority to grant protection for limited time

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