Introduction to Intellectual Property Law Fall 2003 Class of October 15 2003 Introduction to Copyright Law.

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Presentation transcript:

Introduction to Intellectual Property Law Fall 2003 Class of October Introduction to Copyright Law

History of Copyright Law St. Columba and King Diarmid “To every cow her calf and to every book its copy”

Copyright is Technology’s Child Pirating of manuscripts was not a big problem until a technological development: the printing press

Copyright Originally Developed in England: The Statute of Anne (1710) The Statute of Anne (1710) Elements of Later Copyright Statutes 1. Notice 2. Registration 3. Deposit 4. Penalties for Infringement

Stationers’ Company Livery company in the City of London Facilitated Crown control of printing Had exclusive right to practice the art of printing until Licensing Acts expired in 1694

U.S.: Colonial/Early State Copyright Acts Did all the U.S. states have copyright laws after the American Revolution? What was the main problem with these early state copyright statutes? What did the Framers of the Constitution do as a result of this problem?

Patent and Copyright Clause U.S. Const. Art. I sec. 8 cl. 8 The Congress shall have power... 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

Historical Trends in Copyright Law 1. Progressive expansion of copyrightable subject matter 2. Expansion of duration 3. Growing U.S. participation in international copyright system 4. Steadily reduced importance of formalities

Important Federal Statutes Copyright Act of 1909 (predecessor statute, some works are still governed by its approach) Copyright Act of 1976 (current statute) Many amendments to the Copyright Act of 1976, e.g. Architectural Works Copyright Protection Act (1990), Digital Millennium Copyright Act (1998) etc.

Sources of Copyright Law What are the sources of U.S. Copyright Law? Compare with U.S. patent law and trade secret law.

COPYRIGHT METAPHYSICS What is the purpose of copyright? Is copyright a user’s right? Or is copyright an author’s right? Is copyright properly described as a monopoly? Is copyright a property right?

COPYRIGHT BENEFITS/BURDENS Who does copyright benefit? Who does copyright burden?

Underlying Rationale of Copyright Law Compare with Patent Law Trade Secrets Law

Requirements What are the requirements for copyrightability?

Requirements What are the requirements for copyrightability? A. Original Works of authorship B. Fixed in any tangible medium of expression

Compare and Contrast (Copyright, Patent, Trade Secret) Copyrightable subject matter (Feist) Duration of Protection Rights Conferred Treatment of Independent Creation Defenses to Infringing Use

Formalities What formalities are required for copyright protection? To sue for infringement? Notice? Publication? Deposit? Registration? Note – general trend: reduction of formalities esp. post ratification of the Berne Convention (March 1, 1989)

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