Media Law- Copyright-Proving Infringement - Lecture Notes | MC 4163, Study notes of Communication

Download Media Law- Copyright-Proving Infringement - Lecture Notes | MC 4163 and more Study notes Communication in PDF only on Docsity! Know the definitions and rules. Be able to correctly recognize and apply them in hypothetical situations.  Copyright: Proving Infringement (Part one) o What does copyright law protect?  Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device o According to the U.S. Constitution, what is the purpose of copyright law? (On Quiz #1)  Its purpose is to promote the progress of sciences and useful arts o Copyright law provides copyright owners with what exclusive rights? 1. the right of reproduction of the work 2. the right of preparation of derivative works 3. the right of public distribution of the work 4. the right of public performance of the work 5. the right of public display of the work 6. the right of public digital performance of a sound recording o What may be copyrighted? An original work authorship fixed in a tangible medium of expression  literary works;  musical works, including any accompanying words  dramatic works, including any accompanying music  pantomimes and choreographic works  pictorial, graphic, and sculptural works  motion pictures and other audiovisual works  sound recordings  architectural works These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”  What is Congress' definition of "fixed in a tangible medium"?  As a work that is “sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than a transitory duration.”  What cannot be copyrighted? (On quiz #3- T/F)  Several categories of material are generally not eligible for federal copyright protection. These include among others:  Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or 1 improvisational speeches or performances that have not been written or recorded)  Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents  Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration  Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)  How is "original" defined? The author must contribute what? ( On Quiz #2)  In interpreting this term in the 1909 law, courts ruled that the word “original” means that the work must owe its origin to the author  “All that is needed to satisfy both the Constitution and the statute is that the author contributed something more than a merely trivial variation, something recognizably his own,” one court ruled  Can facts be copyrighted? What is the key to determining if a compilation of facts can be copyrighted? (On quiz #5 and #6)  No  The key to determining whether protection is merited is whether there is some novelty or originality in the manner in which the facts are organized or selected or coordinated  Can a news event be copyrighted? Can the expression of the news be copyrighted? (On Quiz #7)  No  Yes; Copyright laws protects the expression of the story—the way it is told, the style and manner in which the facts are presented—but not the facts in the story  What is unfair competition? What is the critical legal issue in determining if unfair competition has occurred?  The critical legal issue in an unfair competition suit is whether there is a likelihood that an appreciable number of ordinarily prudent purchasers are likely to be misled, or simply confused, as to the source of the goods in question.  Misappropriation or unfair competition is sometimes evoked as an additional legal remedy in suits for copyright infringement  Remains largely a creature of common law o What is the duration of copyright protection for work created after Jan. 1, 1978?  Any work created after January 1, 1978, will be protected for the life of the creator, plus 70 years.  After 70 years it goes into what is called public domain  What do critics mean when they refer to the Sonny Bono Copyright Extension Act as the Disney Copyright Extension? Critics see the law as a means of doing what? ( On quiz #10)  It is added 20 more years to the copyrighted work, it allows creators to enjoy the fruits of their labor until death then allows the heirs to profit from the work of their fathers, mother, sisters or brothers 2