Copyrights+Outline[1] - A. Question: Does Copyright subsist...

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A. Question: Does Copyright subsist in the work?? B. Copyright law only protects works of authorship, and only when in tangible forms C. OWAFTME – Original Work of authorship fixed in any tangible medium of expression. D. §102 Subject Matter Of Copyright: In General (a) Copyright Protection subsists, in accordance with this title, 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 or a machine or device. Works of authorship include the following categories: ( list is inclusive, not exhaustive) (1) Literary works; (2) Musical works, including any accompanying words; (3) Dramatic works, including any accompanying music; (4) Pantomimes and choreographic works; (5) Pictorial, graphic, and sculptural works; (6) Motion pictures and other audiovisual works; (7) Sounds recordings; and (8) Architectural works (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. E. § 202 – Ownership of Copyright as distinct from ownership of material object (a) Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer or ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object F. Ambiguity always lurks when interpreting statutory text G. How much are we willing to protect an author’s expression?? COMMON LAW AND STATUTORY COPYRIGHT A. Issue in these cases is whether the author has abandoned their common law copyright B. Common Law of Copyright – when referred to in these cases, it means state common law principles since there’s no federal common law (a) In each of the following cases, the P is saying that the D violated his rights under state common law of copyright C. 1909 Copyright Act: (a) Publication of a work was the demarcation between common law (state) and federal (statutory) (1) Common law © protects an artist’s right to be the first to publish his work 1. magic moment is when work is publicly displayed; 1
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(2) Once it is published then federal law applies D. 1976 Copyright Act: (a) Replaces the scheme of publication under the 1909 Act, federal copyright protection now begins at fixation (3) See§302(a) “copyright subsists form creation;” see §101, creation “fixation by or under the authority of the author” (4) See also §301(a), common law copyright ends at fixation
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Copyrights+Outline[1] - A. Question: Does Copyright subsist...

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