Attribution and integrity moral rights gilliam v

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Attribution and integrity (Moral rights) GILLIAM v. AMERICAN BROADCASTING ABC abridges Monty Python HOLDING: violates copyright and § 43(a) of Lanham Act 10
OUTLINE Visual Rights Act of 1990 (VARA) Works created on/after 6/1/1991 § 101: qualifying works limited to “fine arts” No WMFH or advertising promotional works § 106(a): Integrity: forbids intentional mutilation, distortion prejudicial to honor and integrity of artist § 106(A)(3)(B): forbids intentional destruction of work of recognized stature Author owns moral rights (with exceptions) § 106(a)(c)(1): Passage of time § 113(d)(1): Removal of works from buildings § 106(a)(c)(3): Reproductions § 106(a)(d): Duration: Lasts lifetime of artist § 106(e): non transferable but can be waived in writing § 301(f): state laws preempted if conflict with VARA PHILLIPS v. PEMBROKE Sculpture garden park, artist doesn’t want sculptures moved HOLDING: all 27 sculptures formed 1 integrated work of visual art, but park isn’t integrated “sculpture” under VARA Definitions in VARA to be construed narrowly Artist has no right to placement or public presentation of sculpture §§ 107 – 122: LIMITATIONS Compulsory or statutory licenses Specifics depend on type of work OWNERSHIP INITIAL OWNERSHIP “Author” of a work is initial owner of copyright (normally must be natural person, but allowed to be business/etc. if WMFH) BUT: special rules determine who author/owner is § 201(b): Works made for hire (WMFH) Determine whether work was created by “employee” or by “independent contractor” Employee v. Independent contractor considerations: Does hiring party have right to control way work is done? How much skill is required? Who provides tools/materials? Where is work done? How long will relationship between parties last? Can hiring party assign additional projects? Does hired party have discretion over when/how long to work? How is hired party paid? What role does hired party play in hiring/paying assistants? Is hiring party in business? Is work part of regular business of hiring party? Does hired party receive employee benefits? 11
OUTLINE Are payroll taxes deducted from hired party’s pay? COMMUNITY FOR CREATIVE NON-VIOLENCE v. REID Sculpture returned to artist for repairs, refuses to return it HOLDING: employee/independent contractor chosen using common law of agency WMFH by employees Work created by employee is WMFH IF created within scope of employment Within scope of employment: Work is WMFH, hiring party is the “author” and owns work’s copyright o UNLESS: parties expressly agree otherwise in a signed/written instrument o “Scope of employment”: use Restatement of agency NOT within scope of employment o Employee is “author” and owns copyright WMFH by Independent Contractors (2 standards) Works created after 1/1/1978 Work created by an independent contractor is WMFH IF work specially ordered/commissioned, AND work is for one of 9 specific purposes, AND parties expressly agree in writing that work is WMFH o Specially ordered/commissioned Motivating factor in producing work was hiring

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