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Transcript of Copyright Presentation
17 U.S.C. § 102 (a): …original works of authorship fixed in any tangible medium of expression….from which they can be perceived, reproduced, or otherwise communicated
Rights and Issues
Copyright in the New Millenium
What's Covered By Copyright?
Pictures, Graphics, Sculptures
What Rights Do You Have?
The Rights Bundle
With Rights, Come Issues
Questions regarding ownership
Conflicts around licensing arrangements
Fair use for:
First Sale Doctrine
After sale of copyrighted article -
All control over that article is lost
Applies even if sole purpose of buyer is to resell and make a profit
Benefits of Registration
Presumptive validity of copyright after 5 years
Have to register to sue
Timely registration may allow for:
Reproduce, Distribute, and Perform
Example - you produce a literary work.
Derivative works are:
Books in the series
Transfer of Ownership
Stop infringing activity
Restrict types of reproductions
Control derivative works
Purpose and character
Nature of work
Effect on market
Modicum of creativity
Able to be dispersed
How Is Copyright Secured?
The day that classes start, a professor asks that newspaper photographs of the Kent
State shooting in 1969 be scanned from a microfilm copy of the newspaper and put up on the
web for her U.S. History class. Only students in the class have access to the web site and the
professor has not taught the class before.
Example 2: Citizen King
Example 3: Salinger v. Colting
More publishing opportunities
Increased reproduction/distribution/sale possibilities
New formats, new technologies = new copyrightable subject matter
Innovations related to copyright
© 2013 Justin McCabe. All Rights Reserved.
© 2013 Dunkiel Saunders Elliott Raubvogel & Hand PLLC. All Rights Reserved.
Works of authorship were freely copied
U.S. was a "net importer" of materials - had little incentive to protect foreigners