Copyright Outline Table of Contents
BASES FOR PROTECTION OF WORKS UNDER UNITED STATES COPYRIGHT LAW
CONSTITUTIONAL POWER OF CONGRESS TO PROVIDE COPYRIGHT PROTECTION PG. 1
ECONOMIC BASIS FOR UNITED STATES COPYRIGHT PROTECTION PG. 1
A. The Copyright Act of 1909
1) The 1909 Act and the Berne Convention: concluded in 1886, the Berne Convention was the
first and, for well more than a century now, has remained the most important multilateral
treaty governing international copyri
COPYRIGHT LAW LIND SPRING 2015
1. PREREQUISITES FOR FEDERAL STATUTORY COPYRIGHT PROTECTION
1. CONSTITUTIONAL POWER The Congress shall have power to promote the progress of science and useful arts
by securing for limited times to authors and inventors the
Introduction to Copyright
To motivate creative activity of authors and inventors
and Related Bodies of Law
Patent a right in gross protects useful works or
Example: design of shredded wheat
When ask is there liability, we are asking if there is any claim for contractual obligation.
Liability only if there is a contract = K?
Traditional K option K prevents revocation.
87-2 and 90 are very similar so it is pointless to test on
A promise is a manifestation of intention to act or refrain from acting in a specific way, so
made as to justify a promisee in understanding that a commitment has been made.
Contract (Requires Mutual Assent (agreement) and Consi
11/30: Final K class
hypo page 27
calls of question:
An absence of meaningful choice on the part of one of the parties together with (procedural
-terms that are unreasonably favorable to the other party
Response = Counteroffer,
Rejection, or Prelim. Nego.
UCC 2-207 Decision Tree For Nonmatching Acceptance
1. Find the first offer (apply common law principles)
K formed on
2. Ask 3 questions re: the offerees response to the offer (2-207(1)
a. Is t
1. The formation of a K requires MA in the form of OFFER, ACCEPTNACE and KSN.
(2) Pantomimes and
Copyrights (Fall 2003)
Copyrights- original works of authorship fixed in any tangible medium of expression known or later developed from which they can be perceived. 17 U.S.C. 102 Originality: often refers to the origin of someone and not necessarily a
COPYRIGHT LAW Spring, 2000 Daniel J. Curtin Jr. I.
Statute of Anne 1710: (England) foundation of all 8 laws a. Protection given to authors upon publication, if author registers work b. Lasts 14 years with a possibility of another
REPRODUCTION RIGHTS Proving Infringement Music, literary 1. Is it able is it within the subject matter of a. Originality low threshold, unique or distinguishable variations b. Is it fixed in tangible medium - 101 c. Idea/expression protects expression of
Prof. Kurtz, Spring 2008 I. INTRODUCTION/GENERAL THEMES A. Constitutional Clause: Art. I, 8, cl. 8 a. The Congress shall have the power to Promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventor