1. Copyright Law and Fair Use
Jody Blanke, Professor
Computer Information Systems and Law
Mercer University, Atlanta

2. 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

3. Copyright Clause
“The Copyright Clause was intended ‘to be the engine of free expression’ …To that end, copyright laws have been enacted to achieve three main goals:
the promotion of learning,
the protection of the public domain, and
the granting of an exclusive right to the author.”
SunTrust v. Houghton Mifflin (11th Cir. 2001)

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

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. 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”

8. 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—”

9. Fair Use Factors
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work, i.e., fact v. fiction
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

10. 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

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

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

13. 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

14. Parody

15. Parody

16. Parody

17. Parody

18. SunTrust v. Houghton Mifflin (2001)
Eleventh Circuit Court of Appeals case
Excellent history and discussion of copyright law and fair use
“The Copyright Clause was intended ‘to be the engine of free expression’ …To that end, copyright laws have been enacted to achieve three main goals:
the promotion of learning,
the protection of the public domain, and
the granting of an exclusive right to the author.”