1. Copyright Law Jody Blanke, Professor Computer Science and Law
Mercer University, Atlanta

2. Ilani
Ilani, Rachael and Michelle chip in to buy a copy of George R. R. Martin’s novel, A Game of Thrones. They go to a copy center, and make two photocopies of the book. They draw straws to see who gets to keep the book and who gets stuck with the photocopy. The scheme works so well that they decide to do the same thing with their Business Law textbook.

3. Copyright Law Article I, Section 8 of the Constitution
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

4. Copyright Act of 1790 Applied to books, maps and charts
Term: 14 years (renewable for one 14-year term)

5. Copyright Act of 1976
Applies to literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works
Term: life of the author plus 50 years

6. Sonny Bono Copyright Term Extension Act of 1998
Extended the term of copyright protection to life of the author plus 70 years
Added 20 years of protection to existing works still protected by copyright
Eldred v. Ashcroft (2003)

7. Happy Birthday
A court finally ruled in 2015 that the lyrics of the song were not protected by copyright law

8. Federal Copyright Interest
Upon fixation in a tangible medium
No requirement to file
Owner has right to reproduce, sell, rent, lease, lend, perform, display, prepare derivative work
Subject to some limitations or exceptions
“Fair use”

9. Fair Use Section 107 of the Copyright Act
“[T]he fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—”

10. Fair Use Factors
The purpose of the use, e.g., nonprofit educational reasons
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the whole
The effect of the use upon the potential market for or value of the work

11. Zack
Zack buys a copy of the game FIFA 18 for his computer. He burns a copy of the CD containing the game.

12. Backup Copy
Copyright law permits one backup copy to be made for archival purposes (Section 117 of the Copyright Act)
Can you give your friend the “backup copy”?

13. License Agreement
When you “buy” a piece of software, you actually purchase a license for its use
Terms can vary greatly from one license to another
Some permit installation on more than one machine

14. Melanie
Melanie's father videotapes the movie The Lion King from a channel on public airwaves. Also, he borrows a friend's Beauty and the Beast videotape, and makes a copy of it on his dual cassette video recorder.

15. Sony Betamax Case (1984)
In 1982 several movie and television studios sued Sony to prevent its manufacture and sale of the Betamax video tape recorder

16. Sony Betamax Case (1984) Mr. Rogers testified for the defense
Supreme Court held that “time-shifting” was a legitimate, non-infringing fair use

17. Parody

18. Parody

19. Parody

20. Parody

21. Parody

22. Campbell v. Acuff-Rose Music (1994)
2 Live Crew recorded a version of Roy Orbison’s “Oh, Pretty Woman”

23. Campbell v. Acuff-Rose Music (1994)
Supreme Court held that it was a fair use
The Court focused on the song’s “transformative” character
the parody was not a substitute for the original

24. Charlene
Charlene makes an audiocassette recording of a radio broadcast of a Norah Jones album.

25. Tough One Harbinger of things to come
Transition from an analog to a digital world

26. Bruce
Bruce buys a copy of the The Paul Simon Collection CD, and makes an audiocassette copy for his car and two CD copies, one for his upstairs CD player and one for his kitchen CD player.

27. Audio Home Recording Act of 1992 (AHRA)
Music industry successfully lobbied against DATs
perfect copies every time
Act provides quid pro quo
industry gets Serial Copy Management System and blank tape royalty scheme
consumers get right to make analog or digital recordings for their private non-commercial use (immune from infringement)

28. Jaime
Jaime downloads 23 Elliot Smith songs on her computer in MP3 format. She burns them onto a CD to listen to on her portable CD player and in her car.

29. Digital Technology in the 1990s
Music industry rocked by:
greater disk capacity
compression software (MP3 files)
Internet

30. RIAA v. Diamond Multimedia (1999)
The RIAA alleged that the Rio MP3 violated the AHRA of 1992
The court held that the Rio’s “space-shifting” was entirely consistent with the AHRA’s main purpose – the facilitation of personal use

31. A&M Records v. Napster (2001)
Enjoined Napster from facilitating the distribution of copyrighted works
Rejected fair use defense
not “time-shifting” or “space-shifting”
New peer-to-peer networks arise and take its place, e.g., Kazaa, Limewire, BitTorrent

32. Adam
Adam buys a copy of the Fantastic Beasts and Where to Find Them DVD. He makes an extra copy of it, keeps the copy for himself, and mails the original home for his father.

33. Digital Millennium Copyright Act of 1998
Criminal prohibition against circumventing any technological measure that controls access to a copyrighted work
DVDs contain such measure
some CDs now contain anti-copying code

34. Stacie
For Stacie's twelfth grade project on "Multimedia Today," she collects a variety of text, art, photos, audio and video from CDs, DVDs and the Web, and compiles them onto a CD. She gets an A+ on the project.

35. Stacie’s Future
College?
Prison?