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9781599414591

Copyright, Cases and Materials, 2008: Case Supplement and Statutory Appendix

by
  • ISBN13:

    9781599414591

  • ISBN10:

    1599414597

  • Edition: 7th
  • Format: Paperback
  • Copyright: 2008-07-30
  • Publisher: West Academic

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Supplemental Materials

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Summary

The 2008 Supplement to the Seventh Edition features recent decisions and administrative and legislative developments.

Author Biography

Robert A. Gorman Kenneth W. Gemmill Professor of Law Emeritus University of Pennsylvania Jane C. Ginsburg Morton L. Janklow Professor of Literary and Artistic Property Law Columbia University School of Law

Table of Contents

Table of Casesp. vii
Copyrightable Subject Matterp. 1
In Generalp. 1
Original Works of Authorshipp. 1
Fixation in Tangible Formp. 1
Problemp. 7
Facts and Compilationsp. 7
Compilationsp. 7
Pictorial, Graphic and Sculptural Wordsp. 8
The Problem of Applied Artp. 8
What is a "Useful Article"?p. 9
Architectural Worksp. 10
Charactersp. 11
Government Works and Other Public Policy Issuesp. 12
Ownershipp. 13
Initial Ownershipp. 13
Authorship as an Economic Concept: Works Made for Hirep. 13
Employee-Created Worksp. 13
Authorship as an Intellectual Concept: Joint Worksp. 13
Transfers of Copyright Ownershipp. 16
Divisibility and Formal Requirementsp. 16
Scope of Grantp. 17
Duration and Renewal, and Termination of Transfersp. 19
Duration and Renewalp. 19
Copyright Duration Under the 1976 Act, as Amended in 1998p. 19
1976 Act Treatment of Works First Published Under the 1909 Actp. 19
Golan v. Gonzalesp. 23
Termination of Transfersp. 32
Siegel v. Warner Bros. Entertainment Inc.p. 32
Formalitiesp. 58
1976 Act Solutions as to Publication and Noticep. 58
"Publication": Definition and Contextsp. 58
The Notice Requirementp. 58
Deposit and Registrationp. 58
Registrationp. 58
Procedurep. 58
Further Policy Considerationsp. 59
Exclusive Rights Under Copyrightp. 65
The Right to Reproduce the Work in Copies and Phonorecords Under [section] 106(1)p. 65
The Right to Make Copiesp. 65
What is a "Copy"?p. 65
Who is Copying?p. 67
Proving Infringementp. 70
The Right to Make Phonorecordsp. 73
Musical Compositions: The Compulsory License Under [section] 115p. 73
Reproduction Rights in Sound Recordingsp. 74
The Right to Prepare Derivative Works Under [section] 106(2)p. 75
Limitations on the Derivative Works Rightp. 75
Moral Rightsp. 75
Federal Law Protection of Moral Rightsp. 75
Phillips v. Pembroke Real Estate, Inc.p. 76
Questionsp. 88
The Right to Distribute Under [section] 106(3)p. 89
The Purpose and Application of the Distribution Rightp. 89
The First Sale Doctrine (Exhaustion of the Distribution Right) and its Exceptionsp. 95
The [section] 602(a) Importation Right, and its Relationship to the Distribution Rightp. 98
Rights of Public Performance and Display Under [section] 106(4), (5), (6)p. 98
"Public" Performances Under the 1976 Actp. 98
The Right of Public Displayp. 99
Perfect 10, Inc. v. Amazon.com, Inc.p. 99
Questionsp. 101
The Digital Performance Right in Sound Recordings ... and its Limitationsp. 102
Further Limitations on the Rights of Public Performance and Displayp. 103
The Section 110(5) Exemptionp. 103
Fair Usep. 105
The Application of the Fair Use Doctrine to the Creation of New Worksp. 105
Blanch v. Koonsp. 105
Questionsp. 108
Clean Flicks of Colo. v. Soderberghp. 108
Perfect 10, Inc. v. Amazon.com, Inc.p. 111
The Application of the Fair Use Doctrine to New Technologies of Copying and Disseminationp. 116
Copying by End Usersp. 116
Secondary Liabilityp. 117
General Principlesp. 117
Perfect 10, Inc. v. Visa International Service Associationp. 117
Facilitation of Infringement by End Usersp. 139
Questionp. 139
Secondary Liability of Internet Service Providersp. 145
Perfect 10, Inc. v. CCBill LLCp. 145
Conclusionp. 156
Problemp. 158
Enforcement of Copyrightp. 159
Remediesp. 159
Injunctionsp. 159
Damagesp. 159
Statute of Limitationsp. 160
Criminal Liabilityp. 160
Technological Protection Measuresp. 161
Protection Against Circumventionp. 161
Copyright Management Informationp. 165
McClatchey v. APp. 165
Textile Secrets International, Inc. v. Ya-Ya Brand Inc.p. 166
Overenforcement: Misusep. 174
Federal Preemption of State Lawp. 175
Copyright Preemption Under Section 301 of the 1976 Actp. 175
Works Coming Within the Subject Matter of Copyrightp. 175
Laws v. Sonyp. 175
International Dimensions of Copyrightp. 177
U.S.-Based Copyright Actions with an International Dimensionp. 177
When U.S. Courts Exercise Jurisdiction Over Claims Presenting Extraterritorial Elements, What Law Applies?p. 177
Recognition of Foreign Copyright Judgmentsp. 178
SARL Louis Feraud v. Viewfinderp. 178
Questionsp. 183
Appendices
The Copyright Act of 1976p. 185
The 1909 Copyright Act (Excerpts)p. 413
Regulations of the U.S. Copyright Officep. 425
Berne Convention for the Protection of Literary and Artistic Worksp. 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
Table of Contents provided by Ingram. All Rights Reserved.

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