Arnold completes his book on the next day feb 29 he

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Arnold completes his book on Feb. 28, 1996. The next day, Feb. 29, he is hit by a bus and dies. When does his copyright expire? 1. Life plus 70 years Æ always have until the end of the calendar year Æ Dec. 31, 2066. ii. Arnold writes a magazine story while working for the magazine. It is published by the magazine in 2010. When does the copyright expire? 1. Work for hire – determine which expires first – need to know when it was created. iii. Arnold begins working on his novel in 1990; completes it in 1993; signs an agreement to publish in 1995; the book is published Jan. 1, 1996; Arnold dies Feb. 29, 1996. 1. Publishing agreement is irrelevant – doesn’t matter that Arnold is no longer the owner; he’s still the author. 2. So 1996 + 70 years = Dec. 31, 2066. iv. At the time of his death, Arnold had completed 3/4 th of his book; his wife plans to finish his book by 1999 and the publisher has agreed to public the book in 2000. 1. Not clear if we have a joint work based on these facts alone.
38 2. We have 2 separate copyrightable works Æ each has its own copyright and its own term. a. Arnold wrote an unfinished novel – when he died there was a copyrightable work. i. Once 70 years pass after Arnold’s death anyone can write an ending to his novel. b. Angela adds to it to produce a new work – that copyright expires 70 years after her death. i. Angela’s work would cover the original material she added and end 70 years from the date of her death. i. How Do We Know When a Copyright Has Been Infringed? i. Elements Common to All Copyright Claims 1. Exclusive Rights Æ Right to exclude others from doing these things (i.e., right to sue them when they do): a. Section 106 rights i. Reproduction § 106(1) ii. Preparation of Derivative Works [a.k.a. Adaptation] § 106(2) iii. Distribution to the Public § 106(3) iv. Public Performance § 106(4), 106(6) v. Public Display § 106(5) 2. 3 Elements You Must Show in Every Copyright Infringement Case ( plus whatever elements the specific section 106 right calls for) a. Element One: Ownership of Valid Copyright Æ must show you are the author or got an assignment from the author i. Raises issues of copyright validity (originality, fixation, merger, ownership, etc.) ii. As P, you would normally have the burden but timely registration will shift burden on this element to D b. Element Two: Copying of Copyrighted Work Æ if someone didn’t copy, it’s not infringement i. Doesn’t matter if someone independently developed it c. Element Three: Improper Appropriation Æ did the person copy so much that we will label them as a copyright infringer? 3. Copying a. Arnstein v. Porter (P alleged that D stole tunes for several popular songs that Defendant had written; D was very famous, P not so much). i. Impossible for Porter to copy them if he had never heard the songs – Arnstein must prove he copied them. ii. First look for direct evidence : in many cases there is direct evidence of copying 1. Admission, eyewitness, and so forth 2. If no direct evidence, look for circumstantial evidence iii. No direct evidence here Æ so look at circumstantial evidence 1. Access plus similarity 2. Are the works so similar that we can infer that the access resulted in copying?

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