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Intellectual Property Law Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta
Ilani Ilani, Rachael and Melissa chip in to buy a copy of Stieg Larsson’s novel, The Girl Who Kicked the Hornet’s Nest. They go to a copy center, and make two photocopies of the book. They draw straws to see who gets to keep the book and who gets stuck with the photocopy. The scheme works so well that they decide to do the same thing with their Educational Psychology textbook.
Copyright Law Article I, Section 8 of the Constitution To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries
Copyright Act of 1790 Applied to books, maps and charts Term: 14 years (renewable for 14 years)
Copyright Act of 1976 Applies to literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works Term: life of the author plus 50 years
Sonny Bono Copyright Term Extension Act of 1998 Extended the term of copyright protection to life of the author plus 70 years Added 20 years of protection to existing works still protected by copyright Eldred v. Ashcroft (2003)
Federal Copyright Interest Upon fixation in a tangible medium No requirement to file Owner has right to reproduce, sell, rent, lease, lend, perform, display, prepare derivative work Subject to some limitations or exceptions “Fair use”
Fair Use Section 107 of the Copyright Act “[T]he fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—”
Fair Use Factors The purpose of the use, e. g. , nonprofit educational reasons The nature of the copyrighted work The amount and substantiality of the portion used in relation to the whole The effect of the use upon the potential market for or value of the work
Zack buys a copy of the game FIFA 11 Soccer for his computer. He burns a copy of the CD containing the game.
Backup Copyright law permits one backup copy to be made for archival purposes (Section 117 of the Copyright Act) Can you give your friend the “backup copy”?
License Agreement When you “buy” a piece of software, you actually purchase a license for its use Terms can vary greatly from one license to another Some permit installation on more than one machine
Melanie Melanie's father videotapes the movie The Lion King from a channel on public airwaves. Also, he borrows a friend's Lilo and Stitch videotape, and makes a copy of it on his dual cassette video recorder.
Sony Betamax Case (1984) In 1982 several movie and television studios sued Sony to prevent its manufacture and sale of the Betamax video tape recorder Mr. Rogers testified for the defense Supreme Court held that “time-shifting” was a legitimate, noninfringing fair use
Campbell v. Acuff-Rose Music (1994) 2 Live Crew recorded a satirical version of Roy Orbison’s “Oh, Pretty Woman” Supreme Court held that it was a fair use The Court focused on the song’s “transformative” character the parody was not a substitute for the original
Charlene makes an audiocassette recording of a radio broadcast of a Norah Jones album.
Tough One Harbinger of things to come Transition from an analog to a digital world
Bruce buys a copy of the The Paul Simon Collection CD, and makes an audiocassette copy for his car and two CD copies, one for his upstairs CD player and one for his kitchen CD player.
Audio Home Recording Act of 1992 (AHRA) Music industry successfully lobbied against DATs perfect copies every time Act provides quid pro quo industry gets Serial Copy Management System and blank tape royalty scheme consumers get right to make analog or digital recordings for their private non-commercial use (immune from infringement)
Digital Technology in the 1990 s Music industry rocked by: greater disk capacity compression software (MP 3 files) Internet
Jaime downloads 23 Elliot Smith songs on her computer in MP 3 format. She burns them onto a CD to listen to on her portable CD player and in her car.
RIAA v. Diamond Multimedia (1999) The RIAA alleged that the Rio MP 3 violated the AHRA of 1992 The court found that the Rio was not a “digital audio recording device” The court held that the Rio’s “space-shifting” was entirely consistent with the AHRA’s main purpose – the facilitation of personal use
A&M Records v. Napster (2001) Enjoined Napster from facilitating the distribution of copyrighted works Rejected fair use defense not “time-shifting” or “space-shifting” New peer-to-peer networks arise and take its place, e. g. , Kazaa, Limewire
Adam buys a copy of the Inglourious Basterds DVD. He makes an extra copy of it, keeps the copy for himself, and mails the original home for his father.
Digital Millennium Copyright Act of 1998 Criminal prohibition against circumventing any technological measure that controls access to a copyrighted work DVDs contain such measure some CDs now contain anti-copying code
Stacie For Stacie's twelfth grade project on "Multimedia Today, " she collects a variety of text, art, photos, audio and video from CDs, DVDs and the Web, and compiles them onto a CD. She gets an A+ on the project.
Stacie’s Future College? Prison?