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COPYRIGHT LAW 2004 CLASS 3 Columbus School of Law The Catholic University of America Professor Fischer Jan. 21, 2003.

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Presentation on theme: "COPYRIGHT LAW 2004 CLASS 3 Columbus School of Law The Catholic University of America Professor Fischer Jan. 21, 2003."— Presentation transcript:

1 COPYRIGHT LAW 2004 CLASS 3 Columbus School of Law The Catholic University of America Professor Fischer Jan. 21, 2003

2 QUIZZES COPYRIGHTABILITY Handed Out Feb 18 Due Feb 25 DURATION Handed out March 17 Due March 24 INFRINGEMENT Handed out April 7 Due April 14

3 WRAP-UP: Historical Trends 1. Progressive expansion of copyrightable subject matter 2. Progressive expansion of copyright duration 3. Growing U.S. participation in the international copyright system 4. Steadily reduced importance of formalities

4 WHO DOES COPYRIGHT BENEFIT? Authors Authors’ Families Corporate Interests - Publishers, Distributors, Producers Society, General Public/Government Lawyers

5 WHO DOES COPYRIGHT BURDEN?

6 COPYRIGHT PERSONAL RIGHT (MORAL RIGHT)? PROPERTY RIGHT? MONOPOLY?

7 Economic Analysis of Copyright Doctrine William M. Landes and Judge Richard A. Posner, An Economic Analysis of Copyright Law, 18 J. Legal Stud. 325 (1989) Are their arguments valid in a digital age?

8 THREE IMPORTANT COPYRIGHT LAW CASES 1. Burrow-Giles Lithographic Society v. Sarony (1884) - CB p Bleistein v. Donaldson Lithographic Co. (1903) - CB p J. Alfred Bell & Co. v. Catalda (2d Cir. 1951) - CB p. 51

9 Burrow-Giles Lithographic Society v. Sarony (1884) CB 29 What were the 2 important constitutional questions on which the Supreme Court had to rule in this case?

10 Some other Photos by Napoleon Sarony

11 Bleistein v. Donaldson Lithographing Co. (1903) CB 33 Is this decision consistent with the Patent and Copyright clause?

12 Alfred Bell & Co. v. Catalda (2d Cir. 1951) CB 51 Were the plaintiff’s mezzotints copyrightable, according to Justice Frank? Do you agree? Why or why not?


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