Copyright protection does not depend on registration after...
which section of the copyright act provides for optional registration?
Benefits of a copyright Registration
-Makes it easier to prove ownership
-constructive notice(public record) or claim to ©
-Right to sue for infringement
-Prima Facie evidence of ownership
-Attorney's fee and court costs.
-collect mechanical royalties (compulsory license)
-Block importation of pirate copies
-cheap form of insurance
If Registration made within ____years of publication, courts will assume that facts in the registration application are _____
If Registration made within __five__years of publication, courts will assume that facts in the registration application are __valid___
Who can register
-anyone who owns all or part of the exclusive rights to ©
-any author or co author
-any party who acquires ownership
means work has been made available to the public in some form
When to register?
-anytime during term of ©
-within 3 months of publication for statutory damages and attorney fees.
-as soon as you know work is going to be published
How long does registration take?
approx 11 months for paper copies and 3 months for electronic copies depending on the work load of the copyright office.
the date on which work first put into a fixed form
the date on which the work is first made available to the public through distribution
-electronic filing $35
-paper with printed bar code (form CO) %50
-Paper without bar code $65
Effective date of registration is....
the effective day of registration is the date on which the © office receives complete set of materials to be filed
-failure to sign application
-to enclose application fee
-provide required deposit
-adequately describe nature of authorship
-to list employer or claimant
-specify how ownership was transferred to claimant
-describe new material for derivative work
-change of address
-change in the claimant's name
-change in the title of a work
-author or claimant omitted form original registration.
Correction and amplification form
CA form used for supplemental registration not for change of ownership
-mandatory under section 407 for published works to enrich resources of the library of congress.
no longer required
© year of original pub. owners name
Anyone who violates any of the exclusive rights of the copyright owner as described in Sections 106-118
What to do when your work has been infringed?
-notify the alleged infringer
-offer to settle
-settlement agreements often do not admit liability.
Who can sue?
-The copyright owner
-"Any legal or beneficial owner of an exclusive right."
Where do you sue?
Where the alleged infringer can be found (resides) or does business.
Plaintiff must prove
Ownership of a valid copyright
copying of copyrighted work.
Copying is proved by two elements
-access to the copyrighted work by the alleged infringer
-substantial similarity between the copyrighted work and the alleged infinger's work.
How to prove.
-introduce certified copyright registration
-without Registration Certificate, introduce other proof
-document showing transfer from prior owner
duplicating work in some form
copying part of a copyrighted work
-admission by defendant
-admission of access alone may not be enough
the plaintiff's work is widely available to the public
3 types of copyright infringement
applies to a person who actually commits the infringing act by violating the copyright owner's exclusive rights.
when a party has knowledge of the infringing activity and induces, causes, or materially contributes to the infringing conduct of another.
occurs when a defendant has the right and ability to control an infringer's activity and receives direct financial benefit from the infringement.
liability for infringement
all infringing parties will be jointly and severally liable for the infringement.
A defense is...
a defendant's assertion of a legal reason why the plaintiff's claim is not valid.
Statue of limitations
-A law that specifies a maximum time period during which a claim can be made
-intended to encourage people to act promptly to enforce their rights.
reasons why people should bring their claims promptly...
-witnesses, move, forget, die
-relevant documents may be lost.
Statue...claim for copyright infringement
The 1976 copyright Act provides that a claim for copyright infringement must be brought within three years from the date upon which the infringement should reasonably have been discovered.
-time starts running from the moment that the infringement begins.
Abandonment of Copyright
becomes public domain
- the fact that a formerly pub. work becomes unpublished, in and of itself does not constitute abandonment.
if a defendant can prove that they created the work independently, rather that copied it, they will not be liable for infringement.
or if they can prove it was created before the plaintiff's work.
a privilege that allows someone other than the copyright owner to use a copyrighted work in a reasonable manner without the owner's consent.
-provides wide access to creative works
-allows for the right of free speech
Four factors of fair use
-purpose and character of the use
-nature of the copyrighted work
-amount and substantiality of the portion used in relation to the copyrighted work as a whole
-the effect of the use upon the potential market for or value of the copyrighted work.
Purpose and character of the use
whether the use is for a commercial or non commercial purpose, and wheter the use for an education or some other socially valuable use.
Nature of the Copyrighted work
-unpublished less likely to be fair b/c the © owner may have decided not to make the work available to the public
-use of factual is more likely because facts should be fee for everyone to use
Amount and substantiality of the portion used
the greater the amount of the copyrighted work used the less likely that a use will be fair
Effect of use on potential market
viewed generally as most important.
some degree of harm is tolerated due to the benefit obtained to the public.
a literary or artistic work that imitates the characteristic style of an author or a work for comic effect or ridicule.
-parody involves the use of the copyrighted work in order to criticize or make fun of the work.
use of the copyrighted work in order to comment on or make fun of something other than the copyrighted work, such as society in general
coercive remedies for copyright infringement
designed to prevent further infringement
compensatory remedies for copyright infringement
are designed to compensate the copyright owners for losses incurred as a result of the infringement.
under section 502(a) of the Copyright Act to grant injunctions on terms that the court believes reasonable to prevent or restrain infringement.
a court may order the impoundment of allegedly infringing goods as well as "instruments' used to make such goods
if the court finds the defendant guilty of infringement, it may order the destruction of the infringing articles
Actual Damages and Profits
-intended to compensate the copyright owner for the losses incurred as a result of the infringement.
-acts as a deterrent to infringement
-generally equal to the fair market value of the use made by the infringer
-© owner may elect to receive monetary damages within a specified range instead of actual damages and profits.
under section 504(c)(1) general range is $750-$30000
Rationale for statutory damages
sustaining copyright incentive while deterrin infringement.
High statutory damage awards go to situations liiiikkkee....
-defendant continues the infringing
-continues selling allegedly infringing goods
-fails to cooperate with plaintiff's descovery efforts
Costs and Attorneys fees include
(under section 505)
-court filing fees, expert witness fees, photocopying and postages expenses, transcription costs for witness depositions.
When it becomes a criminal liability
if an infringement is made willfully and for purposes of commercial advantage or private financial gain
imprisonment for up to 1 year a fine or both
imprisonment up to 5 years and 10 for subsequent offenses a fine or both
No Electronic Theft Act
expanded the applicability of criminal penalties for copyright infringemnt to situations where the infringer acts without direct financial motivation.
(passed in response to US v. LaMacchia)
Digital Millennium Copyright Act (DMCA)
provides criminal penalties for circumventing copyright protection systems and tampering with copyright management information.
if it's willful can be fined up to $500,000 and prison for 5 years...yikes.