Intro to IP Law: Fall 2003 Professor Susanna Fischer CLASS OF NOV 3 2003.

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Intro to IP Law: Fall 2003 Professor Susanna Fischer CLASS OF NOV

PUBLIC PERFORMANCE/PUBLIC DISPLAY S. 106(4) 106(5) What is “public”? Specuial right for sound recording 106(6) Statutory limits: s. 110, various compulsory licenses (111, 119, 115, 116, 118, 114)

MORAL RIGHTS To what extent do these exist in U.S. copyright law? See s. 106A

Fair Use Affirmative Defense

What are the fair use factors?

Purpose and character of the use Nature of the copyrighted work Amount and substantiality of the portion used in relation to the copyrighted work as a whole Effect on the market How were these applied in Harper & Row?

Campbell v. Acuff Rose How does the fair use defense apply to parodies?

Other Defenses?

Independent Creation Consent/License Inequitable Conduct Copyright Misuse Illegal/Obscene Works (probably not valid in modern law) Statute of Limitations

“The Copyright Grab”? In the 1990s, there were a number of amendments to copyright law that affected digital copying. What were these?

“The Copyright Grab”? Record and Software Rental Amendments Audio Home Recording Rights Act of 1992 Digital Performance Right in Sound Recordings of 1995 No Electronic Theft Act of 1997 Digital Millennium Copyright Act of 1988 Copyright Term Extension Act of 1998

RIAA/MPAA and the Fight Against Digital Piracy Hardware – e.g. Diamond Rio Software – p2p, search engines, Napster Universities Businesses Individuals

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