1. Copyright Law Ronald W. Staudt Class 1 August 27, 2013 Copyright © 2001, 2002, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2012 Ronald W. Staudt

2. Copyright zSeating Chart zCourse Information & Assignments yText Assignments Internet & LEXIS access yGrading and Class Attendance/Participation xAttendance Requirement yWeb SiteWeb Site x http://www.kentlaw.edu/faculty/rstaudt/classes/copyright_fall 2013/index.htmhttp://www.kentlaw.edu/faculty/rstaudt/classes/copyright_fall 2013/index.htm xAssignments xLinks xCopyright BasicsCopyright Basics zSeating Chart zCourse Information & AssignmentsCourse Information Assignments yText Assignments Internet & LEXIS access yGrading and Class Attendance/Participation xAttendance Requirement yWeb SiteWeb Site

3. Copyright Basics An introduction to copyright law drawn from the copyright statute and from Copyright Basics by the Library of Congress, Copyright Office.Copyright Basics by the Library of Congress, Copyright Office See also CCC web page: http://www.copyright.com/ccc/viewPage.do?pag eCode=cr10-n http://www.copyright.com/ccc/viewPage.do?pag eCode=cr10-n And pp. 38-49 in the casebook

4. Course Overview zCode Course – Title 17 USC yUS Copyright Office- laws pages-- http://www.copyright.gov/laws/ http://www.copyright.gov/laws/ yLII Cornells Legal Information InstituteLII zFun facts: Tyler Perry, Google, Perfect 10, Grokster, New York Times, Mickey Mouse, Jimmy Stewart, Roy Orbison, 2 Live Crew, Microsoft, West Publishing, Sega, Peter Rabbit, Superman, Rocky, X-Men etc., etc. zCritically important to the new economy zRapidly changing and in the news

5. Tyler Perry Shakes Novelist's 'Good Deeds' Copyright Suit A New York federal judge on Wednesday threw out a novelists infringement suit against Tyler Perry and Lions Gate Entertainment Corp., granting a motion for judgment in favor of the movie studio after it argued none of the elements in the movie Good Deeds bore a resemblance to the story in the book in question

6. Marvel Comics Worldwide Inc. owns the work of a famed cartoonist who contributed to comic books like the "Fantastic Four" and "X-Men," the Second Circuit ruled Thursday, shooting down a legal challenge from his heirs Marvel Beats Artist's Heirs In 2nd Circ. Copyright Row

7. The photographer behind the iconic image of two-sport phenom Bo Jackson that launched Nike Inc.'s Bo Knows advertising campaign has reached an initial agreement with the athletic apparel giant to settle his copyright infringement suit in New York federal court, according to court documents filed Thursday Nike Settles With Photographer Behind 'Bo Knows' Campaign

8. A New York federal judge on Friday approved an agreement releasing Universal Music's UMG Recordings Inc. from copyright infringement claims lodged by a music production company looking to collect royalties for songs recorded by Universal artists like Rihanna and Justin Bieber. Universal Settles Royalty Row Over Rihanna, Bieber Songs

9. The Ninth Circuit on Friday refused to revive a writer's copyright suit against Sony Pictures Entertainment Inc. alleging the Chris Rock movie "Death at a Funeral" copied elements of a book she wrote and a home video of an assault she suffered at a funeral, saying she failed to show the works were substantially similar. 9th Circ. Buries 'Death At A Funeral' IP Suit

10. Copyright assignments zToday: yHistorical Overview yGeneral Principles xproperty, personal right, monopoly yEconomic Analysis & © yBurrow-Giles Lithographic v. Sarony yBleistein v. Donaldson Lithographing Co.

11. Historical Overview z1. Stationers Company Monopoly- 1556 z2. Statute of Anne- 1710, April 10 yPrinted books yRuin of Authors and their Families yEncouragement to learned men… yAuthors right for 14 + 14 yRegistration and deposit yDestruction and damages for violation z3. Donaldson v. Becket- 1774

12. Historical Overview z4. US Constitution Article 1, Section 8 Clause 8 The Congress shall have the power…to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

13. Historical Overview z5. Copyright Act of 1790 ymap chart or book y14 years after recording and publishing record y14 year renewal y1802 notice requirement added z6. Wheaton v. Peters yNo Federal common law of © yNo Pa. common law of © in published works z7. US Statutory Revision y1802 add prints y1831 musical compositions y1856 plays and public performances y1865 photographs y1870 painting drawings sculpture

14. Historical Overview zUS Statutory Revision (cont.) y1891 foreigners can get US copyright yCopyright Act of 1909 xPublication with notice x 28+28 yCopyright Act of 1976 xFixed in a tangible medium of expression xLife + 50 xTermination Right xNotice required but omission curable yBerne Adherence Amendments of 1988 xNotice optional xRegistration not required for foreigners

15. Historical Overview y1990 Amendments xVisual Artists Rights Act xArchitectural Works Act xComputer Software Rental Act y1992 Amendments xAutomatic renewal xAudio Home Recording Act y1998 Amendments xDigital Millennium Copyright Act xSonny Bono Copyright Term Extension Act

16. General Principles zCopyright as property, as personal right, as monopoly zMazer v. Stein y..personal gain is the way to advance public welfare zSony y…monopoly privileges…intended to motivate the creative activity of authors…and to allow public access…after the limited period of exclusive control zTexaco yCopyright celebrates the profit motive…recognizing that the incentive …will redound to the public benefit

17. Competing Perspectives zChafee quoting Macaulay, p 15: It is a tax on readers for the purpose of giving a bounty to writers. The tax is an exceedingly bad one; it is a tax on one of the most innocent and most salutary of human pleasures… z Ladd, p 28: Every limitation on copyright is a kind of rate-setting. …more wisely left with the people than vested in a government tribunal…or even a sincere judge…

18. Economic Analysis of Copyright zEconomic incentives for creative activity will increase societys welfare yOther incentives to create yJ. Breyer- headstart may be enough but uncertainty argues for retaining the protection yProfits must subsidize low selling works yLandes & Posner- 9 factors limiting copying and the cost of expression driven by copyright xBalance between access and incentives.

19. http://www.humnet.ucla.edu/humnet/clarklib/wildphot/sarony.htm

20. Burrow-Giles zU.S. Constitution Art 1, Sect. 8, Cl. 8 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 zWas © established under the existing statute?

21. Burrow-Giles Writing?…Production of an author? y1790--maps charts and books y1802 add prints y1831 musical compositions y1856 plays and public performances y1865 photographs y1870 painting drawings sculpture yWhat is an author?

22. Burrow-Giles zAuthor: he to whom anything owes its origin… zWriting: …original intellectual conceptions of an author... zNew? Original?

23. … if a chromo, lithograph, or other print, engraving, or picture has no other use than that of a mere advertisement, and no value aside from this function, it would not be promotive of the useful arts, within the meaning of the constitutional provision, to protect the "author" in the exclusive use thereof, and the copyright statute should not be construed as including such a publication, if any other construction is admissible. Bleistein below & Justice Harlans dissent

24. If a mere label simply designating or describing an article to which it is attached, and which has no value separated from the article, does not come within the constitutional clause upon the subject of copyright, it must follow that a pictorial illustration designed and useful only as an advertisement, and having no intrinsic value other than its function as an advertisement, must be equally without the obvious meaning of the constitution. Bleistein below & dissent, Justice Harlan

25. Bleistein zFamous quotes: But even if they had been drawn from life, that fact would not deprive them of protection.... yValasquez and Whistler argument? Others are free to copy the original. They are not free to copy the copy.

26. Bleistein on Originality Famous quotes: The copy is the personal reaction of an individual upon nature. Personality always contains something unique. It expresses its singularity even in handwriting, and a very modest grade of art has in it something irreducible, which is one man's alone. That something he may copyright unless there is a restriction in the words of the act.

27. Bleistein zFamous quotes: The least pretentious picture has more originality in it than directories and the like, which may be copyrighted. Is the poster original, enough work or effort

28. Bleistein Famous quotes: A rule cannot be laid down that would excommunicate the paintings of Degas. yAds in?

29. Bleistein Famous quotes: It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits. In connection with the fine arts?

30. Questions p. 37-8 zComic strip zDesign for a flag zPornographic work zUnpublished work in a drawer z1000 years zAuthorship, does it imply work, novelty zWriting –what is excluded?

31. Assignment for next class Wednesday August 29, 2013 zDistinctions between copyright and patent/trademark, pp. 50-75 xBell v. Catalda xTrademark Cases xWarne xDastar v. 20 th Century Fox xForward v. Thorogood