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Transcript of Copyright Law
US Const., Article I §8, cl. 8
To Promote the Progress of Science and the useful Arts, by securing for limited Times, to Authors and Inventors, the exclusive Right to their respective Writings and Discoveries.
Where does Copyright Law
Concerns functionality and design of inventions.
Concerns commercial origin identifications (they are marks of trade).
Concerns literary and artistic expression.
Intellectual Property (IP)
A Copyright holder has the following rights:
1. Reproduce a work
2. Make Derivative Works
3. Distribute the work
4. Perform the work
5. Display the work
Scenes to be done
Scènes à Faire
You cannot get a copyright on elements that are in the public domain and are so common that they are almost considered a requirement of the genre.
Example: "Kissing in the rain" (because water is sooooooo romantic)
Highly Creative Original Works
Hierarchy of Copyright Protection
What's a Derivative?
What Can't Be Copyrighted?
How to Prove Copyright Infringement?
Author has to prove:
1.) He/she has a valid copyright.
2.) The Defendant copied.
Two Kinds of Substantial Similarity:
-Actual Similarity (Quantitative)
-Heart of the Work (Qualitative)
3 Types of Intellectual Property:
Steve Rogers is writing a news article for the America High School Newspaper. Redding Skull, a football player in Steve's class who normally fails everything, has suddenly gotten an "A" in Government. Steve cannot stand the idea of anybody cheating and he knows that something is up with Redding Skull's grade.
Steve Rogers wants to FOIA the test and write an exposé on this apparent cheating scandal. Will Steve's FOIA request be granted?
Your favorite dinosaur...
Riding your favorite vehicle...
Saying your favorite cheesy pickup line.
DEFEND YOUR BRAND!
Are both parties using the same mark?
Are the marks being used in the same area?
Why is Brand Protection Important?
Copyrightable Subject Matter...
Length of Copyright Protection
: Author's life plus 70 years
: 95 years
What Can Be Copyrighted?
1. Fixed in a tangible medium
How Do I Get a Copyright?
No need to register unless you plan to sue
$35 - $55 fee
Prove the Defendant had access
Show that the works are substantially similar
Remember: Dancing is speech. So as informed American citizens, it's your constitutional duty to get down!
Just no lewd and vulgar dancing! #Fraser
LET'S PLAY A GAME...
#LAWSUIT SAY WHAT?
Woman is suing Disney $250 Mil for Copyright infringement.
The setting is a village surrounded by snow-covered mountains
It features a story about two sisters who love each other
They are brought closer together by a terrible accident
The older sister accidentally hurts the younger sister
Both sisters experience personal tragedy
Younger sister falls in love
There is a theme of betrayal
One sister becomes recluse
There is a moon setting
There is open doors and gates
There are two male characters: Hans and Cristoff in her book; Hans and Kristoff in the movie.