Intended to get around protective measures that

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intended to get around protective measures that control access to copyrighted works. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. The DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users. KEY TAKEAWAY Copyright is the legal protection given to “authors” for their “writings.” It protects ideas in fixed, tangible form, not ideas themselves. Copyright protection can extend as long as 120 years from the date of creation or publication. Expression found in literary works, music, drama, film, art, sculpture, sound recordings, and the like may be copyrighted. The fair use doctrine limits the exclusivity of copyright in cases where scholars, critics, or teachers use only selected portions of the copyrighted material in a way that is unlikely to affect the potential market for or value of the copyrighted work.
Saylor URL: Saylor.org 556 EXERCISES 1. Explain how a list could be copyrightable. 2. An author wrote a novel, Brunch at Bruno’s , in 1961. She died in 1989, and her heirs now own the copyright. When do the rights of the heirs come to an end? That is, when does Brunch at Bruno’s enter the public domain? 3. Keith Bradsher writes a series of articles on China for the New York Times and is paid for doing so. Suppose he wants to leave the employ of the Times and be a freelance writer. Can he compile his best articles into a book, Changing Times in China , and publish it without the New York Times ’ permission? Does it matter that he uses the word Times in his proposed title? 4. What kind of file sharing of music is now entirely legal? Shaunese Collins buys a Yonder Mountain String Band CD at a concert at Red Rocks in Morrison, Colorado. With her iMac, she makes a series of CDs for her friends. She does this six times. Has she committed six copyright violations? [1] 17 United States Code, Section 107. [2] Sheldon v. Metro-Goldwyn Pictures Corp. , 81 F.2d 49 (2d Cir. 1936). [3] 17 United States Code, Section 102. [4] BUC International Corp. v. International Yacht Council, Ltd. , 489 F.3d 1129 (11th Cir. 2007). [5] Apple Computer, Inc. v. Franklin Computer Corp. , 714 F.2d 1240 (3d Cir. 1983). [6] Lotus Development Corp. v. Paperback Software International , 740 F.Supp. 37 (D. Mass. 1990). [7] Peter H. Lewis, “When Computing Power Is Generated by the Lawyers,” New York Times , July 22 1990. [8] Community for Creative Non-Violence v. Reid , 109 S.Ct. 2166 (1989). [9] MGM Studios, Inc. v. Grokster, Ltd. , 545 U.S. 913 (2005). [10] Sony v. Universal Studios , 464 U.S. 417 (1984). 13.4 Trademarks LEARNING OBJECTIVES 1. Understand what a trademark is and why it deserves protection.
Saylor URL: Saylor.org 557 2. Know why some “marks” may not be eligible for trademark protection, and how to obtain trademark protection for those that are. 3. Explain what “blurring” and “tarnishment” are and what remedies are available to the holder of the mark.

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