o – Publicly perform the work o – Sound recordings: Publicly perform the work by digital audio transmission (not radio broadcast) Radio broadcast must have license to underlying composition but not needed for recorded performance Term o Ind work: life of author + 70 years Sound recordings: pre 2/15/72 protected until 2067, post – life of author + 70 o Work-for-hire: MIN of 95 yr. from date of publication or 120 yr. from date of creation Subject matter: o Law protects all “original works of authorship” • Any creation of original expression • “Original” not same as “novel” in patent law; rather it means original to this author and not copied from some other source o – Non-exhaustive examples: • Literary works • Musical works• Dramatic works• Pantomimes and choreographed works• Pictorial, graphic and sculptural works• Motion pictures and other audiovisual works • Sound recordings• Architectural works NOT COPYRIGHTABLE o Facts Original ways of expressing facts may be copyrightable but not the facts themselves o Ideas Original expressions of ideas are copyrightable but not the idea itself (should still give credit to author to avoid plagiarism) 24
Ideas are protectable by trade secret and copyright law o Formalities o Registration w/ U.S> Copyright Office not required for copyright protection But is useful, U.S. owner cannot file suit in federal court unless registered And must be reg within 3 months after publication to receive “statutory damages” Permits recovery of “statutory damages” (even w/o actual economic loss) o Submit app to Copy Office w/ 2 copies of a published work or 1 copy of an unpublished work + payment of a modest fee Infringement o Had access to work (can be presumed) o Defendant’s work “substantially similar” in most cases o “Virtually identical” in cases of “thin” copyright (like map or compilation in database) o NOTE: Intent is NOT an element Defenses 25
o Remedies o Generally, receives actual damages + D’s profits to the extent they were not calculated into the damage award o If registered 3 months after publication, can choose between proving actual damages or receiving “statutory damages” of 750-30,000 per act of infringement Amount can be up to 150k per willful infringement act o Can constitute federal crime that can be punishable by fines or imprisonment of up to 5 yr. for first offense and 10 years for more offenses Chapter 10 What is a contract?
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- Spring '08