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damages” (even w/o actual economic loss) o Submit app to Copy Office w/ 2 copies of a published work or 1 copy of an unpublished work + payment of a modest fee  Infringement o Had access to work (can be presumed) o Defendant’s work “substantially similar” in most cases o “Virtually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?