Copyright : examples and explanations / Stephen M. McJohn.
2012
KF2995 .M35 2012 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
Copyright : examples and explanations / Stephen M. McJohn.
Published
New York : Wolters Kluwer Law & Business, [2012]
Copyright
©2012
Call Number
KF2995 .M35 2012
Edition
Third edition.
ISBN
9781454803317 (pbk. : alk. paper)
1454803312 (pbk. : alk. paper)
1454803312 (pbk. : alk. paper)
Description
xix, 446 pages ; 26 cm.
System Control No.
(OCoLC)768480414
Note
Includes index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Preface
xix
ch. 1
An Overview of Copyright
1
Justifications for Copyright Law
3
Economic Bases for Copyright
3
Philosophical Justifications for Copyright
6
The Legal Structure of Copyright
7
Intellectual Property Law: Where Copyright Fits In
7
The U.S. Copyright Statute
8
Constitutional Basis for Copyright
9
International and Comparative Copyright Law
10
A Tour Through the Copyright Statute
11
Copyrightable Subject Matter
12
Ideas, Nonoriginal Elements, and Other Excluded Subject Matter
12
Rights of the Copyright Owner
12
Copyright Ownership
13
Copyright Notice, Registration, and Deposit
14
Copyright Transactions
14
Termination of Grants and Licenses
15
Duration of Copyright
15
Fair Use and Other Limitations on Copyright
16
Copyright Litigation
16
pt. I
COPYRIGHTABLE SUBJECT MATTER
19
ch. 2
Works of Authorship
21
What Constitutes a "Work of Authorship"?
21
Things That Fall Outside the Category of "Works of Authorship"
24
Categories of Works
31
Literary Works
32
Musical Works, Including Any Accompanying Words
33
Dramatic Works, Including Any Accompanying Music
35
Pantomimes and Choreographic Works
36
Pictorial, Graphic, and Sculptural Works
37
Motion Pictures and Other Audiovisual Works
38
Sound Recordings
40
Architectural Works
42
Compilations
44
Derivative Works
45
ch. 3
Originality
47
Originality: The Feist Standard
48
Independent Creation
49
A Minimal Level of Creativity
53
An Author May Use a Device to Create a Work
57
Sweat of the Brow Is Not Sufficient to Get Copyright
58
New Works (Especially Factual Works, Compilations, and Derivative Works) May Incorporate Nonoriginal Elements
58
Copying Unprotected Material Is Not Infringement
64
Copyright Estoppel
66
Fair Use May Permit Copying Necessary to Access Unprotected Aspects of a Work
66
ch. 4
Fixation
79
Purpose of the Fixation Requirement
81
Tangible Medium of Expression
82
More Than One Work May Be Fixed in the Same Copy
86
Sufficiently Stable Form: Fixation and Digital Works
87
By or Under Authority of the Author
90
Fixation and Transmissions
93
The Anti-Bootlegging Provision
93
ch. 5
Ideas Are Not Subject to Copyright
95
Distinguishing Protected Expression from Nonprotectable Ideas
98
Elements That Necessarily Follow from an Unprotected Idea Are Unprotected
103
Distinguishing Idea from Expression in Creative Works
104
Distinguishing Ideas from Expression in Factual Works
112
Merger Doctrine
114
So, Then, How Do You Protect an Idea? Try Contract or Secrecy or Norms or Attribution
117
ch. 6
More Excluded Subject Matter: Functional Aspects, Infringing Material, Government Works
119
Functional Aspects of Works
119
Distinguishing Nonprotectable Functional Elements
121
Instructions and Rules
124
Software
128
Useful Articles
136
Infringing Works
141
Government Works
144
pt. II
OWNERSHIP AND TRANSACTIONS
151
ch. 7
Initial Ownership of Copyright
153
Who Is the Author?
155
Individual Works
156
Works Made for Hire
157
Works by Employees Within the Scope of Employment
157
Specially Made or Commissioned Works
163
Implied License, Where Contract Does Not Address Copyright
165
Joint Authors
166
Collective Works
169
Ownership of Copyright Distinguished from Ownership of Material Object
172
ch. 8
Formalities: Copyright Notice, Registration, and Deposit
177
Copyright Notice
178
Works Published Between 1909 and December 31, 1977
178
Works Published Between January 1, 1978, and February 28, 1989
181
Works Published After March 1, 1989
183
Limited Information in a Copyright Notice
188
Restoration of Lost Copyrights for Foreign Authors
189
Registration
191
Renewal
194
Deposit
195
Bring Back Formality Requirements?
197
ch. 9
Duration of Copyright
201
Works Created After 1977
202
Works Under Copyright Before 1978
203
Filing for Renewal
204
Ownership of Renewal Rights
204
Works Created but Not Published or Copyrighted Before January 1, 1978
207
Special Rule for Sound Recordings
208
How Long Can Copyright Protection Last?
209
Can Trademark Law Effectively Extend Copyrights?
211
ch. 10
Copyright Transactions
213
Transfers and Licensing: Formalities Required
215
No Writing Required for Nonexclusive License (May Be Written, Oral, or Implied Licenses)
216
Is There a Contract?
218
Open Source Licenses and Free Software ("Think Free Speech, Not Free Beer")
225
Recordation
227
Copyrights as Collateral
228
Author's Right to Terminate Transfers and Licenses
230
Section 304(c) Termination (Grants Made Before January 1, 1978)
231
Section 203 Termination (Grants Made After January 1, 1978)
232
Termination Rights Do Not Apply to Works Made for Hire
233
Copyright and Contract Interpretation
237
pt. III
STATUTORY RIGHTS
239
ch. 11
The Section 106 Exclusive Rights
241
Reproduction Right
242
The Right to Make Copies Extends to Nonliteral Copies and Partial Copies
243
The DRAM Issue: Is a Temporary Copy Inside a Computer a Potentially Infringing Copy?
244
Infringement Requires "Volition or Causation"
245
Independent Creation Is Not Infringement
246
Sound Recordings: Special Rules
246
Adaptation Right
249
Boundaries of the Adaptation Right: Fixation, Creativity, and Substantial Similarity
250
Use of a Derivative Work May Infringe the Underlying Work
252
Public Distribution Right
256
Public Performance Right
258
Collective Rights Organizations
259
Public Display Right
261
Walter's Grand Slam: A Quick Review of the Exclusive Rights
262
ch. 12
First Sale
269
First Sale and the Distribution Right
270
Copyright Holders May Seek to Limit First Sale Rights
275
First Sale and Digital Works
277
Limits on First Sale Rights in Sound Recordings and Computer Programs
279
First Sale and Importation
281
First Sale and the Display Right
282
ch. 13
Some Other Limits on the Exclusive Rights
285
Performance and Display During Teaching
286
Face-to-Face
286
Distance Learning
287
Nonprofit Performances
289
Compulsory License for Nondramatic Musical Works
291
Limitations on Exclusive Rights in Computer Programs
293
Architectural Works
297
Libraries and Archives
299
Other Limitations on the Exclusive Rights
300
ch. 14
Fair Use
301
Sony, Harper & Row, Campbell & Stewart
303
One Example: Photocopying
306
Summing Up Fair Use
308
Purpose and Character of the Use, Including Whether Such Use Is of a Commercial Nature or for Nonprofit Educational Purposes
309
Nature of the Copyrighted Work
309
Amount and Substantiality of the Portion Used in Relation to the Copyrighted Work as a Whole
310
Effect of the Use upon the Potential Market for or Value of the Copyrighted Work
310
ch. 15
Moral Rights in Works of Visual Art
327
Comparative and International Context
327
Rights Under the VARA
329
Works Protected
331
Scope of VARA Rights
334
Who May Enforce VARA Rights
338
Alternative Sources of Moral Rights? Herein of Dastar
339
ch. 16
Protections for Technological Measures and Copyright Management Information
341
Legal Protection for Anticopying and Antiaccess Measures
341
Anticircumvention Rule (Applies Only to Antiaccess Measures)
345
Whether a Work Is Legally Protected by the Copyright Act
345
Whether a Technological Measure Effectively Controls Access to the Work
346
Whether Defendant Circumvented the Measure
348
Antitrafficking Rules (Apply to Both Antiaccess and Anticopying Measures)
354
Anticopying Technology
354
Trafficking in Circumvention Devices/Services
354
Courts Are Split on How Broadly to Read the Anticircumvention Rules
355
Exemptions
359
Issues of Fair Use and Freedom of Speech
361
Standing and Remedies
366
Legal Protections for Copyright Management Information
366
pt. IV
COPYRIGHT LITIGATION
369
ch. 17
Jurisdiction, Standing, and the Elements of an Infringement Action
371
Jurisdiction
371
"Arising Under" the Copyright Law
371
Registration of the Copyright as a Prerequisite for Filing an Infringement Suit
372
Ownership of Copyright/Standing
375
Elements of the Plaintiff's Case
378
Ownership of a Valid Copyright
379
Copying of Constituent Elements of the Work That Are Original
379
Actual Copying v. Independent Creation
380
Misappropriation v. Permissible Copying
382
Substantial Similarity
383
De Minimis Copying
384
Defenses
384
Fair Use
384
Misuse
385
Statute of Limitations
386
Equitable Defenses
386
Declaratory Judgment Actions
387
ch. 18
Contributory Infringement and Vicarious Liability
389
Vicarious Infringement
391
Contributory Infringement
395
Internet Service Providers: Immunity for Infringement by Customers (Herein of Take-Downs and Put-Backs)
401
ch. 19
Remedies
405
Damages and Profits
407
Actual Damages
407
Statutory Damages
408
Punitive Damages
410
Injunctions
413
Attorney's Fees and Costs
415
Impoundment and Disposition of Infringing Articles
416
Criminal Liability
416
ch. 20
Three State Law Theories and Federal Preemption
419
Contract Law and Idea Submissions
419
Was a Contract Formed?
421
Express Contract: Offer and Acceptance, Definiteness
421
Consideration
421
Implied Contract
421
Did the Defendant Use the Submitted Idea?
422
Did the Submitter Perform the Promised Contractual Obligation?
422
Avoiding Contractual Obligations
423
Misappropriation
426
Right of Publicity
428
Whether the State Recognizes the Right of Publicity
429
Who Has a Right of Publicity
429
How Broadly the Protected Identity Is Defined
429
How Broadly the Exclusive Right to Commercial Exploitation Is Defined
430
Duration of the Right
430
Assignability
430
Scope of Limitations to the Right
430
Federal Preemption by the Copyright Act
433
Explicit Preemption
434
Come Within the Scope of Copyright as Specified by Sections 102 and 103
435
Equivalent to Any of Exclusive Rights Within the General Scope of Copyright
435
In Works of Authorship Fixed in a Tangible Medium of Expression
436
Conflict Preemption
437
Index
443