19 terms



Terms in this set (...)

ZZ Top v. Chrysler 1999
Chrysler hired a band to play son similar to ZZ Top

*Performances also can be infringing activity
4 fair use factors
1. Purpose and character of use- New work/use

2. Nature of the original copyrighted work- original old work

3. Amount and substantiality of portion used NEW Work

Potential Effect on the value of original work- OLD WORK
3 concepts of copyright protection
1.) Originality- independent creation of the author

2.) Creativity- Must embody a modest amount of intellectual labor

3.) Novel- It differs from existing works in same relevant aspect
*To be copyrightable a work does not have to be novel= patents
Copyright Act of 1976
Primary basis of copyright law in the US

Created "Fair Use"
Feist Publishing v. Rural Tel. Serv. Co. 1991
Facts are NOT copyrightable

Overturned Southern Bell Tel. and Telephone company vs. associated telephone director publishers 1985
NBA vs. Motorola 1997
Sports events are not copyrightable (because it is not authored)
3 types of infringement
1. Direct- Bootlegging

2. Vicarous- Sony 1984 Case

3. Contributory- Napster 2011 case
4 defenses of copyright law
1. Consent

2. Contract

3. Public Domain

4. Fair use
Bundle of Rights
-Reproduce the original work

-Create derivative of original work

-Distribute copies of original work

-Perform or display original work
Public Domain
*Anything created before 1923 is not copyrightable and is part of public domain
Public domain definition
Body of knowledge and innovation to which no person or legal entity owns
What does copyright include?
-Authors or original works of authorship

1. Literary
2. Dramatic
3. Musical
4. Artistic
5. Other

Published and Unpublished
Statue of limitation
3 years
different types of authorship
1. single authorship- Creator owns unless or until he or she sells or gives rights to another

2. Joint authorship- Two or more people share the rights

3. Work for hire- The employer owns the rights

4. Freelancers- Owned by author unless both parties agree on a work for hire
Eldered Case vs. Ashcroft 2003
Copyright does not violate 1st amendment rights

"life plus 70 years" is still a "LIMITED TIME"
Campbell v. Acoff Rose Music Inc. 1994
Parody fair use

*Precedent setting case
-Parody/satire is highly protected
-Transformative= fair use
Types of "IP" Protection
Copyright= "writings"

Trademark- Names, symbols that identify sources of goods and services (servicemark)

Patent- Discoveries, inventions, and processes

Trade Secret= Information such as recipes/ formulas
Harper and Row Publisher v. Nation Enterprises

Fountain Head Case for the non-parody fair use precedent case
NY Times v. Tasini
Derivative rights

Paid for original work but not paid for additional derivatives later on(court argued yes that you do have to pay)