4.1 Chapter 4 Copyrights © 2003 by West Legal Studies in Business/A Division of Thomson Learning

4.2 Introduction: Terms to Know  Works of authorship  Reproduce  Distribute  Derivative work  Digital transmission  First sale doctrine  Fair use  Public domain  Statute of Anne

4.3 Elements of Copyrightability  Must be original  Must be fixed in a tangible medium of expression  Must be directly or indirectly perceivable by humans

4.4 Types of Copyrightable Works Literary works Architectural works Sound recordings Motion pictures and A/V works Pictorials, graphics, and sculptures Musical works Dramatic works Pantomimes and choreography

4.5 Non-copyrightable Material  Ideas are not copyrightable – only the expression of ideas.  Includes ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries.  The idea-expression dichotomy rule states that creators can maintain control over ideas only if they qualify as patentable or remain as trade secrets.

4.6 Bundle of Exclusive Rights  Reproduction: prepare work in a tangible and permanent medium  Derivative work: adapt or change original work for another market or medium  Distribution: initial public transfer of copyright work through sale, rental, lease, or other transfer  Performance: public viewing using sensory reception

4.7 Bundle of Exclusive Rights  Display: showing by mechanical means  Digital transmission: digital broadcast of sound recordings  License: temporary, revocable transfer of right to use work  Assignment: permanent and irrevocable transfer of elements of bundle

4.8 Digital Millennium Copyright Act (DMCA)  DMCA creates civil and criminal prohibitions against tampering with copy protection or billing data.  DMCA does not add new exclusive rights to the bundle held by copyright owners.  DMCA applies to a variety of digital works.

4.9 Major Provisions of the DMCA Anti-circumvention rules Anti-circumvention exceptions Copyright management information Safe harbor for I/OSPs Explain each of the following provisions of the DMCA: Let’s Discuss Let’s Discuss Let’s Discuss Let’s Discuss

4.10 Copyright Procedures  Copyright office  Copyright registration  Deposit  Copyright notice  Duration of copyright protection

4.11 Infringement Analysis  Infringement analysis  Computer applications of infringement analysis  Second liability  Infringement remedies

4.12 Fair Use Defense  Transformative uses  The four factors of fair use 1. Purpose and character of use 2. Nature of copyrighted work 3. Amount and substantiality of used portion 4. Effect of use on potential market

4.13 Fair Use Defense  Audio-Visual Entertainment  Purpose and character of use  Nature of the use  The portion used  Effect of use of the market  Identified uses  Space-shifting  Other defenses to infringement