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Table of Cases | p. vii |
Copyrightable Subject Matter | p. 1 |
In General | p. 1 |
Original Works of Authorship | p. 1 |
Fixation in Tangible Form | p. 1 |
Problem | p. 7 |
Facts and Compilations | p. 7 |
Compilations | p. 7 |
Pictorial, Graphic and Sculptural Words | p. 8 |
The Problem of Applied Art | p. 8 |
What is a "Useful Article"? | p. 9 |
Architectural Works | p. 10 |
Characters | p. 11 |
Government Works and Other Public Policy Issues | p. 12 |
Ownership | p. 13 |
Initial Ownership | p. 13 |
Authorship as an Economic Concept: Works Made for Hire | p. 13 |
Employee-Created Works | p. 13 |
Authorship as an Intellectual Concept: Joint Works | p. 13 |
Transfers of Copyright Ownership | p. 16 |
Divisibility and Formal Requirements | p. 16 |
Scope of Grant | p. 17 |
Duration and Renewal, and Termination of Transfers | p. 19 |
Duration and Renewal | p. 19 |
Copyright Duration Under the 1976 Act, as Amended in 1998 | p. 19 |
1976 Act Treatment of Works First Published Under the 1909 Act | p. 19 |
Golan v. Gonzales | p. 23 |
Termination of Transfers | p. 32 |
Siegel v. Warner Bros. Entertainment Inc. | p. 32 |
Formalities | p. 58 |
1976 Act Solutions as to Publication and Notice | p. 58 |
"Publication": Definition and Contexts | p. 58 |
The Notice Requirement | p. 58 |
Deposit and Registration | p. 58 |
Registration | p. 58 |
Procedure | p. 58 |
Further Policy Considerations | p. 59 |
Exclusive Rights Under Copyright | p. 65 |
The Right to Reproduce the Work in Copies and Phonorecords Under [section] 106(1) | p. 65 |
The Right to Make Copies | p. 65 |
What is a "Copy"? | p. 65 |
Who is Copying? | p. 67 |
Proving Infringement | p. 70 |
The Right to Make Phonorecords | p. 73 |
Musical Compositions: The Compulsory License Under [section] 115 | p. 73 |
Reproduction Rights in Sound Recordings | p. 74 |
The Right to Prepare Derivative Works Under [section] 106(2) | p. 75 |
Limitations on the Derivative Works Right | p. 75 |
Moral Rights | p. 75 |
Federal Law Protection of Moral Rights | p. 75 |
Phillips v. Pembroke Real Estate, Inc. | p. 76 |
Questions | p. 88 |
The Right to Distribute Under [section] 106(3) | p. 89 |
The Purpose and Application of the Distribution Right | p. 89 |
The First Sale Doctrine (Exhaustion of the Distribution Right) and its Exceptions | p. 95 |
The [section] 602(a) Importation Right, and its Relationship to the Distribution Right | p. 98 |
Rights of Public Performance and Display Under [section] 106(4), (5), (6) | p. 98 |
"Public" Performances Under the 1976 Act | p. 98 |
The Right of Public Display | p. 99 |
Perfect 10, Inc. v. Amazon.com, Inc. | p. 99 |
Questions | p. 101 |
The Digital Performance Right in Sound Recordings ... and its Limitations | p. 102 |
Further Limitations on the Rights of Public Performance and Display | p. 103 |
The Section 110(5) Exemption | p. 103 |
Fair Use | p. 105 |
The Application of the Fair Use Doctrine to the Creation of New Works | p. 105 |
Blanch v. Koons | p. 105 |
Questions | p. 108 |
Clean Flicks of Colo. v. Soderbergh | p. 108 |
Perfect 10, Inc. v. Amazon.com, Inc. | p. 111 |
The Application of the Fair Use Doctrine to New Technologies of Copying and Dissemination | p. 116 |
Copying by End Users | p. 116 |
Secondary Liability | p. 117 |
General Principles | p. 117 |
Perfect 10, Inc. v. Visa International Service Association | p. 117 |
Facilitation of Infringement by End Users | p. 139 |
Question | p. 139 |
Secondary Liability of Internet Service Providers | p. 145 |
Perfect 10, Inc. v. CCBill LLC | p. 145 |
Conclusion | p. 156 |
Problem | p. 158 |
Enforcement of Copyright | p. 159 |
Remedies | p. 159 |
Injunctions | p. 159 |
Damages | p. 159 |
Statute of Limitations | p. 160 |
Criminal Liability | p. 160 |
Technological Protection Measures | p. 161 |
Protection Against Circumvention | p. 161 |
Copyright Management Information | p. 165 |
McClatchey v. AP | p. 165 |
Textile Secrets International, Inc. v. Ya-Ya Brand Inc. | p. 166 |
Overenforcement: Misuse | p. 174 |
Federal Preemption of State Law | p. 175 |
Copyright Preemption Under Section 301 of the 1976 Act | p. 175 |
Works Coming Within the Subject Matter of Copyright | p. 175 |
Laws v. Sony | p. 175 |
International Dimensions of Copyright | p. 177 |
U.S.-Based Copyright Actions with an International Dimension | p. 177 |
When U.S. Courts Exercise Jurisdiction Over Claims Presenting Extraterritorial Elements, What Law Applies? | p. 177 |
Recognition of Foreign Copyright Judgments | p. 178 |
SARL Louis Feraud v. Viewfinder | p. 178 |
Questions | p. 183 |
Appendices | |
The Copyright Act of 1976 | p. 185 |
The 1909 Copyright Act (Excerpts) | p. 413 |
Regulations of the U.S. Copyright Office | p. 425 |
Berne Convention for the Protection of Literary and Artistic Works | p. 427 |
Universal Copyright Convention, as Revised at Paris, 1971 (Excerpts) | p. 439 |
Agreement on Trade-Related Aspects of Intellectual Property Rights (Excerpts) | p. 447 |
World Intellectual Property Organization Copyright Treaty (Excerpts) | p. 455 |
World Intellectual Property Organization Performances and Phonograms Treaty (Excerpts) | p. 461 |
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