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Copyright Law Test 1 Notes

by: Sonja Sponholz

Copyright Law Test 1 Notes MBU 2520

Marketplace > Belmont University > Music Business > MBU 2520 > Copyright Law Test 1 Notes
Sonja Sponholz
Belmont University

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About this Document

These extensive notes cover topics for the first exam.
Copyright Law
Barry Shrum
Class Notes
Copyright, Law
25 ?




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This 10 page Class Notes was uploaded by Sonja Sponholz on Thursday August 4, 2016. The Class Notes belongs to MBU 2520 at Belmont University taught by Barry Shrum in Spring 2015. Since its upload, it has received 18 views. For similar materials see Copyright Law in Music Business at Belmont University.

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Date Created: 08/04/16
1 Copyright Law Test 1 Notes  Chapter 1 Introduction/ Origin of Ideas  Ideas and Protection  Idea: certain concepts, abstract, existing independently of the physical world (i.e. that perceived by the senses) o Forms- concepts, ideas- faintly copy the perfect and immutable o Forms= ideas  Copyright- to give exclusive ownership of an expressed idea to the creator o Intellectual property o Cannot copyright an idea 102 (b)  Jefferson to McPherson Aug 13 , 1813  Ideation- formation of ideas and thoughts into something original o Ideas- thoughts- innovation  Thoughts and innovation is the domain of copyright  The continuum of thought similar to public domain o Contains: colors, concepts, forms, building blocks  Sole purpose of copyright is to benefit society  Ralph Waldo Emerson- ‘everything in creation has its appointed painter or poet and remains like a princess in bondage until the liberator sets it free’  Chapter 2- Philosophical Underpinnings of Copyright Law  Life liberty and the pursuit of happiness o Unalienable rights  Jefferson garnered this from Locke- life liberty and property o Government protecting property  Jefferson was a follower of the enlightenment o Based much of this off of Locke with writing and inventions in mind  1) Pursuit of happiness is unalienable- property and  2) Exclusive ownership given by laws  Owning property is a social construct so is it for intellectual property o Forefathers did not want monopolies b/c of royalty and their actions  Queen Mary’s royal charter 1557  Printing monopoly  Queen Elizabeth Royal Charter of 1600  Monopoly on trade in commodities  King James I RC 1629  Monopoly on settlements and trade  King Charles II RC 1670  Monopoly in Hudson Bay Fur Co 2  Jefferson was most against the monopolies o Sugar act 1764 o Stamp act 1768 o Quartering Act 1675 o Townshend Revenue Act of 1767  Property rights o Ownership = American dream  Copyright = ownership= property rights  Madison- primary drafter of Progress Clause and Constitutions o Government is for the people o Also believed- life liberty property and happiness o Madison also believed in stable ownership and necessity of monopoly ownership  Madison and Jefferson wrote 1200 letters b/w them in their lives o Young nations, democracy, representative Government  Madison: ‘Monopolies are sacrifices of many to the few’ o Social contracts, rights of individuals especially in regard to literary works  Natural rights philosophy o Inherent inalienable rights and moral rights given by god  Utilitarian rights o Based on society and given by the government; the human user  User Rights Philosophy: utilitarian  Natural Rights Philosophy o Thomas Hobbes- ‘giving to every man his own’ o Natural= moral and inherent rights  Said were only obliged to the government as long as they’re protecting our rights  Enlightenment philosophy o John Locke- very influential o Life liberty estate  Exert effort on it and its owned and when you convert something to be useful to society o Locke: ‘we give up certain rights to government in return for them protecting our rights  A social contract  Utilitarian philosophers o Property rights are from social convention o Epicurus- Greek philosopher  Good and evil = pleasure and pain o Bentham- thought we did not have any inherent or inalienable rights  ‘Nonsense on stilts’  Thought pain and pleasure were only intrinsic values 3  Greatest good for greatest number of people  Madison says government comes from habit or force  Bentham thought political rights are only real ones or ones we can talk about o For Locke only laws had to worry about upholding natural rights  And achieve social utility o Bentham said standard had to be law that helped most people  Progress Clause- Article 1; section 8; clause 8 of Constitution o Basis of copyright law o Gives congress certain rights  Example: to promote for limited time the ownership of inventions and copyrights  Example: monopolies  Copyright law today is social contract and natural rights  William Blackstone- tyranny can be avoided with use of government - backed property rights o Responsible for ideas like eminent domain, trespass, nuisance, and protecting property with force o “To promote progress of science and useful arts by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries”  Article 1, Section 8, Clause 8  Constitution, Progress Clause  Copyright Construct of Madison o 1) Sacrifice needs of many for few (allowing monopolies) o 2) Encourages individuals to share literary and other o 3) Becomes accessible to all peoples o 4) Serving utility of society to encourage others to create and invent  Benefit to society occurs as soon as work is released into circulation  George WA- 1791 Copyright Act o Knowledge is surest basis of happiness  Chapter 4 What is Copyright?  Section 102 of Copyright Act  Section 102 (a)- defines copyright act protects the expression o Any original work fixed in tangible format  Section 102 (b) – cannot copyright ideas  Ideas o Expression- hand o Spirit= idea o Is idea different from thought or concept?  Expression defines the idea 4  “Promote the progress of useful thoughts and science” o Article 1, section 8, clause 8  Supreme Court says copyright is in rights known as ‘metaphysics of law’ with subtle distinctions and sometimes almost evanescent o Intellectual property vs real property  Idea expression Dichotomy o Title 17 Section 102 (a) and (b)  Shows traditional contours of copyright law  Idea expression dichotomy  Courts treat idea and expression as two ends of a continuum  Feist vs. Rural o © Case with phonebooks  Copyrights institute the protection of original ideas while allowing people the freedom t base things and use them to inspire new work  Originality- distinguishing characteristic o Novelty invention originality  Where expression is on spectrum o Idea expression dichotomy is essence of copyright  Simultaneous use of ideas – both get ©  Independent creation  Fair use – educational © uses  Free speech- © is the engine of free expression  Public domain- building blocks (the fundamentals); facts, ideas in © work; even expression itself is for fair use purposes  “Continuum of thought”- o Ideas, facts, building blocks of art o Original works no longer protected, intellectual properties  John Perry Barlow equates idea with expression b/c work is expressed on the internet o Conflates expression with embodiment of ©  Chapter 4 History of Copyright  History and Concepts of Copyright Law  Statute of Anne- beginning of promulgation of © law  8 Century BC – Greeks paying musicians o Principle- reward for creative effort o Not yet laws protecting creative works o Greek states relied on state funds for arts  Roman Empire- craftsmen- performing some craft  Book trade develops o Augustus founded two public libraries o Value of writings 5 o Jewish Talmud- extension of your person is yours  Expend effort entitled to profits  Cathach- Book of poems- St Columba d. 597 o Contains Early vulgate form of psalms o King Diarmait ‘to every cow its calf to every book its copy o Moral rights of author- right to prevent work from being changed o Economic rights of benefactor who have paid to have a copy made o Property rights etc  Guild of stationers- Corporation of London 1403- all around walls of St Paul’s Cathedrals o Booksellers sold manuscripts materials and books o These people had sole resale rights  1496 Johannes Gutenberg- Printing Press o Multiple copies easier to make so cheaper o Public had access to multiple works  15/16 century – early © grants  1 © work- England 1518 Pynson – one of the kings printers o Early © called monopolies o Granted for two years o Earliest in France in 1503 o In Germany in 1501  Government wanted to censor certain printers  © associated with censorship o Etienne Dolet- burned at stake  Publishing industry continues to grow o Government issued grants to particular printers controlling thought o Henry VII to Cambridge saying they could print books 1534 o Also with oxford by Elizabeth I  Worshipful Co of stationers and newspaper makers granted royal charter - 1557 o Reforming of original guild o First see word copyrighted o Put it in stationers co register  Registered copyright  Statue of Anne  John Milton disagreed with censorship of guild o Wrote Aeropagitica o ‘Freedom of expression’  Parliament passes licensing of the press act of 1662 o Prevented abuses of copying o Backed stationers guild o Expires later in 1695 6 o Milton’s views were popular  Parliament begins focusing on authorship 1660s  1709 -Statue of Anne o First © act o Gives authors right to copy o Act for encouragement of learning o Created term of 14 years since publication o Gave stationers co a right for 21 years of already had book o It entitled author to register work with stationers co registry  1842 before music was recognized in England  The 1842 act extended to 42 years  A few French © laws also focused on authors o Right of genius  Copyright law in America developed by colonies ie individually o Varied 5-14 years o Connecticut was 1 to establish legislation o But no complete thorough law  1783 Noah Webster -children’s manual o Lobbied continental congress to pass broad legislation o They passed resolution to each state o 1786 12 of 13 colonies had passed something  Half were similar o Delaware was the hold out  1787 Need for federal government arose  Thus need for national © law o Madison began submitting proposals o National convention- progress clause  1790 © act passed by congress  1831 © revised the 1790 act and extended for 28 years and renewal; included music and right to pass on to heirs o 28 year term  1905 T Roosevelt – overhauled the whole system o Technological advances  Record  Radio  Books etc o Extended period to 56 years  1909 © act o Applies to everything pre 1976 o Writings – interpreted as creative powers of mind- fruits of intellectual labor o By us Supreme Court  1909 coined mechanical royalties terms o Mechanical royalties and licenses 7  1976 © act – proposed by Eisenhower in 1955 o Ford signs into law on January 1 1978t  Anything prior to this is under 1909 act  Key things of ‘76  Protection fixed in tangible form  Subject matter more precise  Ownership made it divisible  The 5 rights  Duration – life + 50 (now is life + 70)  Termination rights  Compulsory licensing  Fair use  1998 © extension act – sonny bono act- fairness in music licensing ; DMCA – digital millennium © act  What can be copyrighted?  Specifically: o Almost any type of originally created work o In 1908-1976 Acts they broadened definition of © protection o Not based on an aesthetic value of a work o Subjective judgment must be left out  3 basic regulations/rules for © o 1) Originality (original works of authorship) o 2) Fixed in tangible medium of expression o 3) Expression  1) Original is possibly subjective  Artist creativity builds on already existing themes  Congress intends to let courts establish standards of originality  Originality o Means independently created as opposed to being copied  Minimal amount of creativity o More than trivial  2) Expression (idea cannot be a © but expression can  3) Fixation- any tangible medium of expression from which they can be perceived reproduced or otherwise communicated either directly or with aid of machine device  Is sufficiently permanent or stable  Section 101 of ©  More than transitory in nature  Protects intangible only when tangible only specifies two ways to fix a © 8  Phonorecord- material object with sounds not tv etc  Copies- anything other than a phonorecord o Under 1909 Act a lead sheet (written form) must be attached  8 Categories in 102 (a) that may be copyrightable o 1) Literary o 2) Musical o 3) Dramatic o 4) Pantomime/ choreography o 5) Pictorial graphic sculpture o 6) Motion picture o 7) Sound recording o 8) Architectural  List is illustrative not limiting  Musical works o Words and melody  Musical work- melody, harmony, rhythm, words or not o © is indivisible- cant be broken into pieces  Cannot own titles or simple short phrases  Melody- pleasing succession or arrangement of sounds o Rhythmically organized sequence of single notes so related to one another as to make up a particular phrase or idea  Harmony- structure progression and relation of chords  Rhythm- tempo in which composition is written, originality is rare  Sound recordings- distinct © from musical comps but usually tied together  Sound Recording-  Section 114 of Copyright Code o A) no performance rights for owner of a © in sound recordings o B) Rights of recording are limited to actual sounds on that recordings  Does not include duplications  Categories of works:  Literary works o 17 USC 102 (a) (1)  © Protection in a literary work is based upon specific arrangement of words of author to express ideas  Theme plot factual info is not copyrightable  Scenes a faire- derived from the scene o Substantial similarity- actual expression used b/w two pieces  Paraphrasing still copyrightable  Dramatic works o 102- © works tell story through action  Music dance dialogue etc 9 o Can also be © under literary works b/c (duh) words o W/ separate musical © o Dance can also be © o If fixed in film/video can be a motion picture  Pantomime and Chorographical work o 17 USC 102 (a) (4)  Expressed w/ movement gestures or physical attitudes  Labanotation- expression of dance movements o © office said ‘choreography- related series of dance movements patterns in cohesive whole’  Choreography don’t have to tell a story- narrative or plot based  Pictorial Graphic Sculptural work o 102 (a) 5 o 2 and 3 dimensional works of fine graphic and applied art o Photography- light shade angle composition arrangement exposure o Elements controlled by author are ©  Ideas color subject matter shapes – not ©  Architectural works o 17 USC 102 (a) (8) o 1990 Bush signed this into © law o Dec 1 1990  Works created after o “Design of a building as embodied in tangible medium including building plans and or drawings” o Unfair competition o What cannot be protected?  Anything not functional  Paint  Artistic-ness  Shape o Analysis  1) Original design elements = overall shape interior architectural  2) Are Functionally required o Shine vs. Child- Olympic freedom tower  Motion pictures- other audiovisual works o 102 (a) (6) o ‘Related images intended to show a story on some sort of projector  May also include other works within itself  Musical or photography 10  Music in movies not subject to compulsory licensing b/c embodied in copy other than a phonorecord o Motion picture sound tracks o 101- excludes sounds accompanying audiovisual works so no comp license  Sounds have full performance rights and right against imitation or dubbing  Compilations- o 103 (a) : 102 (a) includes compilations and derivative works  Creating derivative does not give you rights In © though o Compilation- work formed by a collection / assembling of preexisting materials arranged in way that creates original work of authorship o Do no enlarge rights of compiler  Doesn’t give right in existing material


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