Copyright Law Boston College Law School March 13, 2003 Rights - Digital Rights

Exclusive Rights 17 U.S.C. §106 –“Subject to sections 107 through 122, the owner of the copyright … has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work … (2) to prepare derivative works … (3) to distribute copies … to the public … (4) … to perform the copyrighted work publicly … (5) … to display the copyrighted work publicly … (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

Public Display 17 U.S.C. §106 –“Subject to sections 107 through 122, the owner of the copyright … has the exclusive rights to do and to authorize any of the following:… (5) … to display the copyrighted work publicly …” 17 U.S.C. §109(c) –“Notwithstanding the provisions of section 106(5), the owner of a particular copy lawfully made … is entitled … to display that copy publicly … to viewers present at the place where the copy is located.”

Ringgold v. BET

Exclusive Rights 17 U.S.C. §106 –“Subject to sections 107 through 122, the owner of the copyright … has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work … (2) to prepare derivative works … (3) to distribute copies … to the public … (4) … to perform the copyrighted work publicly … (5) … to display the copyrighted work publicly … (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

Exclusive Rights Additional Rights –Digital Rights Digital Performance of Sound Recordings Audio Home Recording Act (AHRA) Digital Millennium Copyright Act (DMCA) –Moral Rights –Other Rights Semiconductor Protection Boat Hull Protection Bootleg Recordings

Digital Technology Features of Digital Technology –Ease of replication –Ease of transmission –Plasticity –Equivalence –Compactness –Searching and linking

Digital Rights Digital Performance of Sound Recordings –New right given to sound recordings –Covers digital performances of such E.g. cable radio, direct satellite radio, internet radio Where digital radio received via subscription –Rights depend on type of performance Where interactively on-demand, must get license Where non-interactive broadcast, compulsory license –Recall: must also get musical work rights, too

Digital Rights Audio Home Recording Act (AHRA) –Response to introduction of DAT in 1980s –Basic provisions Manufacturers can sell digital recording devices Consumers can make personal, noncommercial copies Devices must include serial copy prevention technology Royalty charged on devices and recording media\ –Does not cover Computer hard drives or CD burners Blank CDs

Digital Rights Digital Millennium Copyright Act –ISP liability provisions –Copyright management information –Technological protection mechanisms Anti-circumvention Anti-device

DMCA 17 U.S.C. § Integrity of copyright management information –“(a) False copyright management information -- No person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement -- (1) provide copyright management information that is false … ” –“(b) Removal or alteration No person shall … -- (1) intentionally remove or alter any copyright management information …”

DMCA 17 U.S.C. § Circumvention of copyright protection systems –“(a) Violations regarding circumvention of technological measures -- (1) (A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. … ” (2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology … that -- (A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work …”

DMCA Specific exemptions –Law enforcement –Libraries –Reverse engineering of software –Encryption research –Computer security testing No general exemption for fair use

DMCA Questions –Was there a need for the DMCA? –Assuming a need, did the DMCA get it right?

Assignment for Next Class Finish VI.C. - Moral and Other Rights