385OutlineofCopyrights

385OutlineofCopyrights - 385 Outline for Final I Copyrights...

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385 Outline for Final I. Copyrights : Give protection to original works of authorship fixed in any taxable (TANGIBLE?) medium of expression. a. Rights given by copyrights i. Right to reproduce ii. Right to distribute copies iii. Right to prepare derivative works ie: book movie iv. Right to perform copyrighted work publicly b. Duration of Copyright i. Life of the author + 70 years ii. Anonymous work/work for hire: 95 years from first publication or 120 years from creation, whichever expires first. c. What can be copyrighted i. Tangible no ideas ii. Original works of authorship 1. Cannot copyright a fact (even if 1 st to discover) 2. Compilations of information are not easily copyrightable 3. Cannot copyright a method or a process 4. Anything functional ie: phonebook alphatbetical iii. Who owns the copyright? Author or anyone the author sells right to d. Fair Use ( Go through all 4, balance the 4. i.e. three in favor and one against makes for an obvious decision ) NAPSTER i. Purpose and character of use ii. The nature of copyrighted work iii. The amount and substantiality of the portion iv. The effect upon the potential market (can make $) e. Direct Infringement (need both) i. Access to original work ii. Substantial or striking similarity f. Vicarious Infringement (MS OFFICE) i. Direct financial interest ii. Ability to supervise g. Contributory Infringement i. Knew or should’ve known ii. Induce, cause, or materially contribute to anothers infringement
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This note was uploaded on 02/07/2012 for the course HADM 387 taught by Professor Sherwyn during the Spring '08 term at Cornell.

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385OutlineofCopyrights - 385 Outline for Final I Copyrights...

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