ASCUE - June 11, 2002

To Copy, or Not to Copy, That is the Quandary: An Introduction to Copying Under the Copyright Law

Jody Blanke, ProfessorComputer Information

Systems and LawMercer University, Atlanta

Copyright Law Article I, Section 8 of the

Constitution To promote the progress of science

and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries

Copyright Act of 1790 Applied to books, maps and charts Term: 14 years (renewable for 14

years)

Copyright Act of 1976 Applies to literary works, musical

works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works

Term: life of the author plus 50 years

Sonny Bono Copyright Term Extension Act of 1998 Extended the term to life of the

author plus 70 years Added 20 years to terms of

existing copyrighted works No new works will enter the public

domain until 2019

Federal Copyright Interest Upon fixation in a tangible medium No requirement to file Owner has right to reproduce, sell,

rent, lease, lend, perform, display, prepare derivative work

Subject to some limitations or exceptions “Fair use”

Fair Use Section 107 of the Copyright Act

“[T]he fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—”

Different Media Copyright can apply to work in

many different media However, different laws have

evolved around different media Very confusing

Examples

Ilani Ilani, Rachel, Ashton and Melissa chip

in to buy one copy of the latest John Grisham novel and to make three photocopies of the book. They draw straws to see who gets to keep the book. This scheme works so well that they decide to do the same thing for their Psychology 101 textbook.

Zack Zack, Tim and Byron share their

resources to buy a CD-ROM game for the PC. They "burn" extra copies so that each of them can install and use the game on their own PC.

Melanie Melanie's father videotapes the

movie "Aladdin" from a channel on public airwaves. He tapes the "Lion King" from the Disney Channel on their cable service. He borrows a friend's "Beauty and the Beast" videotape and makes a copy on his dual cassette video recorder.

Charlene Charlene buys a high-quality

audiocassette and tapes a broadcast of a Lyle Lovett album from the radio.

Bruce Bruce buys a copy of the "O

Brother, Where Art Thou?" soundtrack CD. He makes an audiocassette copy for his car and "burns" a CD copy for his wife's car.

Jaime Jaime downloads 23 "Elliott Smith"

songs on her computer in MP3 format. She "burns" them onto a CD to listen to on her Walkman and in her car.

Adam Adam buys a copy of the "Sex and

the City: The Third Season" DVD. He makes an extra copy of it and takes it to school with him, leaving the original at home with his parents.

Stacie For Stacie's eighth grade project

on "Multimedia Today," she collects a variety of text, art, photos, audio and video from the Web, and compiles them on a CD. She gets an A+.

RIAA v. Diamond Multimedia Court refused to enjoin

manufacture of Rio, portable MP3 player

Not a “digital audio recording device”

Not subject to AHRA requirements “Space-shifting”

A & M Records v. Napster Enjoined Napster from facilitating

the distribution of copyrighted works

Rejected “fair use” defense Not “space-shifting” or “time-

shifting”

New York Times v. Tasini Assignment of copyright interest

by freelance writer to newspaper did not extend to inclusion of work in electronic database absent specific language

SunTrust Bank v. Houghton Mifflin Company Court vacated an injunction

prohibiting the publication of The Wind Done Gone

Excellent discussion of the history and purpose of copyright law and parody as fair use

Universal City Studios v. Corley Court permanently enjoined

publication of DeCSS circumvention code

Rejected First Amendment challenge to DCMA’s anticircumvention provisions

Eldred v. Ashcroft Supreme Court agreed to hear

appeal Challenges constitutionality of

Sonny Bono Copyright Term Extension Act Extension of terms do not “promote

the progress of science” Depletes the public domain