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AAD 650, Unit 7: Intellectual Property 1

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UK Arts Administration

on 17 December 2013

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Transcript of AAD 650, Unit 7: Intellectual Property 1

Intellectual Property 1
Unit 7:
I. Copyright/Trademark/Patent
II. Requirements for Copyrightability
III. The Idea v. Expression Distinction
IV. Exclusive Rights of Copyright Holders
V. The Public Domain
VISIT: Surprising Generic Terms That Were Once Trademarked
http://www.cnbc.com/id/41650221/page/1
When a comedian gets up onstage and starts improvising on, for example, topics thrown out by people in the audience, is that copyrightable? No. Oral recitations or improvisations are not copyrightable, because they are not fixed. The same would hold for slam poetry made up on the spot.
What about a band jamming? Also not copyrightable.
What if someone in the audience had a digital camera and recorded it all, unbeknownst to the artists? Still not copyrightable, as the recording has to be made under the authority of the author.
So how does an author protect work which would otherwise be transitory? By recording it (video or sound) and copyrighting that. Choreography can be protected by Laban notation as well.
To reproduce the copyrighted work in copies
To prepare derivative works based on the copyrighted work
To distribute copies of the copyrighted work to public by sale or other transfer of ownership or by rental, lease, or lending.
http://copyright.cornell.edu/resources/publicdomain.cfm
READ: An Argument for Shorter Copyrights, Alex Knapp
http://www.outsidethebeltway.com/what_is_a_fair_copyright_term/
“Upon any work, and especially upon a play, a great number of patterns of increasing generality will fit equally well, as more and more of the incident is left out. The last may perhaps be no more than the most general statement of what the play is about, and at times might consist only of its title; but there is a point in this series of abstractions where they are no longer protected, since otherwise the playwright could prevent the use of his "ideas", to which, apart from their expression, his property is never extended. Nobody has ever been able to fix that boundary, and nobody ever can. In some cases the question has been treated as though it were analogous to lifting a portion out of the copyrighted work; but the analogy is not a good one, because, though the skeleton is a part of the body, it pervades and supports the whole. In such cases we are rather concerned with the line between expression and what is expressed. As respects plays, the controversy chiefly centers upon the characters and sequence of incident...”
In case of literary, musical, dramatic, choreographic, motion picture, or audiovisual works, to perform those works publicly.
The author’s life plus 70 years if the copyright is held by a single author
For a joint work (with a copyright owned by two or more authors), the lifespan of the longest surviving author plus 70 years
For a work of corporate authorship (ie. not owned by an individual but a corporation), the SHORTER of 95 years from publication or 120 years from creation
“Upon any work, and especially upon a play, a great number of patterns of increasing generality will fit equally well, as more and more of the incident is left out. The last may perhaps be no more than the most general statement of what the play is about, and at times might consist only of its title; but there is a point in this series of abstractions where they are no longer protected, since otherwise the playwright could prevent the use of his "ideas", to which, apart from their expression, his property is never extended. Nobody has ever been able to fix that boundary, and nobody ever can. In some cases the question has been treated as though it were analogous to lifting a portion out of the copyrighted work; but the analogy is not a good one, because, though the skeleton is a part of the body, it pervades and supports the whole. In such cases we are rather concerned with the line between expression and what is expressed. As respects plays, the controversy chiefly centers upon the characters and sequence of incident...”
“Upon any work, and especially upon a play, a great number of patterns of increasing generality will fit equally well, as more and more of the incident is left out. The last may perhaps be no more than the most general statement of what the play is about, and at times might consist only of its title; but there is a point in this series of abstractions where they are no longer protected, since otherwise the playwright could prevent the use of his "ideas", to which, apart from their expression, his property is never extended. Nobody has ever been able to fix that boundary, and nobody ever can. In some cases the question has been treated as though it were analogous to lifting a portion out of the copyrighted work; but the analogy is not a good one, because, though the skeleton is a part of the body, it pervades and supports the whole. In such cases we are rather concerned with the line between expression and what is expressed. As respects plays, the controversy chiefly centers upon the characters and sequence of incident...”
1) Original
2) fixed in a tangible medium of expression
1) Original
2) fixed in a tangible medium of expression
1) Original
2) fixed in a tangible medium of expression
Names, titles, and research are not copyrightable
Names, titles, and research are not copyrightable
Names, titles, and research are not copyrightable
When a comedian gets up onstage and starts improvising on, for example, topics thrown out by people in the audience, is that copyrightable? No. Oral recitations or improvisations are not copyrightable, because they are not fixed. The same would hold for slam poetry made up on the spot.
What about a band jamming? Also not copyrightable.
What if someone in the audience had a digital camera and recorded it all, unbeknownst to the artists? Still not copyrightable, as the recording has to be made under the authority of the author.
So how does an author protect work which would otherwise be transitory? By recording it (video or sound) and copyrighting that. Choreography can be protected by Laban notation as well.
When a comedian gets up onstage and starts improvising on, for example, topics thrown out by people in the audience, is that copyrightable? No. Oral recitations or improvisations are not copyrightable, because they are not fixed. The same would hold for slam poetry made up on the spot.
What about a band jamming? Also not copyrightable.
What if someone in the audience had a digital camera and recorded it all, unbeknownst to the artists? Still not copyrightable, as the recording has to be made under the authority of the author.
So how does an author protect work which would otherwise be transitory? By recording it (video or sound) and copyrighting that. Choreography can be protected by Laban notation as well.
“its embodiment by or under authority of the author is sufficiently permanent or stable to allow it to be perceived, reproduced or otherwise communicated for a period of more than transitory duration.”
Tangible Medium of Expression:
Literal/Identical Copying Test: In which a plagiarist directly lifts the expression of a previous author;
The Totality Test: In which the fact-finder must determine if the total concept or feel of a work is the same. The totality test contains two prongs, called (a) the intrinsic test, in which the court must determine if a reasonable, average person would find two works to be the same, and (b) the extrinsic test, in which expert testimony is used to determine if the actual elements of the works are the same.
The Pattern Test: Similar to the abstraction test, the court will look at the sequencing of plot and character, and if those are too close to each other to not have been lifted by the infringing author.
Literal/Identical Copying Test: In which a plagiarist directly lifts the expression of a previous author;
The Totality Test: In which the fact-finder must determine if the total concept or feel of a work is the same. The totality test contains two prongs, called (a) the intrinsic test, in which the court must determine if a reasonable, average person would find two works to be the same, and (b) the extrinsic test, in which expert testimony is used to determine if the actual elements of the works are the same.
The Pattern Test: Similar to the abstraction test, the court will look at the sequencing of plot and character, and if those are too close to each other to not have been lifted by the infringing author.
Literal/Identical Copying Test: In which a plagiarist directly lifts the expression of a previous author;
The Totality Test: In which the fact-finder must determine if the total concept or feel of a work is the same. The totality test contains two prongs, called (a) the intrinsic test, in which the court must determine if a reasonable, average person would find two works to be the same, and (b) the extrinsic test, in which expert testimony is used to determine if the actual elements of the works are the same.
The Pattern Test: Similar to the abstraction test, the court will look at the sequencing of plot and character, and if those are too close to each other to not have been lifted by the infringing author.
In case of literary, musical, dramatic, choreographic, motion picture, or audiovisual works, to perform those works publicly. A public performance is considered to take place whenever outside a small circle of family or acquaintances. Television and radio transmission also constitute public performance.
In case of literary, musical, dramatic, choreographic, motion picture, or audiovisual works, to perform those works publicly. A public performance is considered to take place whenever outside a small circle of family or acquaintances. Television and radio transmission also constitute public performance.
In case of literary, musical, dramatic, choreographic, motion picture, or audiovisual works, to perform those works publicly. A public performance is considered to take place whenever outside a small circle of family or acquaintances. Television and radio transmission also constitute public performance.
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