What is a copyrightable work?
Any work "fixed in any tangible medium of expression….from which it can be perceived, reproduced or otherwise communicated."
What are examples of copyrightable work
Including all printed materials, plays, music, sculptures, photographs, drawings, graphics.
The author of a work may:
1. Authorize derivative or adoptive rights; 2. Distribute the work; 3. Perform the work; 4. Copy the work
What is Burden of Proof?
• That the plaintiff owned the copyright; • That the defendant copied the work
If there is no direct evidence, the plaintiff can prove the case by __________.
Circumstantial evidence, i.e., • That the defendant had access to the work; • That there is substantial similarity between the two works in question
What is the Fair Use Defense?
• Is designed to reconcile society's interest in encouraging creativity with the need to allow dissemination and discussion of work. • A defendant has to prove this.
To determine when the Fair Use Defense applies, a court looks at what four factors?
1. The purpose and character of the copy 2. The nature of the original 3. The amount and substantiality of the copying 4. The effect on the marketability of the original
What are the questions asked to see the purpose and character of the copy?
○ Is the secondary uses commerical or for nonprofit or education purposes? ○ Does the secondary use serve the public interest by stimulating creativity ○ Is the secondary use transformative § Campbell v. Acuff-Rose Music (1994)
Are parodies protected?
50 years after a work is published, the copyright owner must.....
Register the work and pay a small fee. The copyright owner would then have the full term of copyright. Otherwise the work would fall into the public domain.