Copyright Addendum Copyright © 2007 - Jeffrey Pittman.

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Presentation transcript:

Copyright Addendum Copyright © 2007 - Jeffrey Pittman

In addition to the Copyright Act, other laws impact the use of a company’s or individual’s name, likeness, or works of authorship Copyright Addendum Pittman - Cyberlaw & E-Commerce

Federal copyright laws are designed to protect the value of creative efforts Federal trademark laws are designed to protect the value of a company’s goodwill and name recognition Competing Laws Pittman - Cyberlaw & E-Commerce

State common law may protect the value of an individual’s name and likeness Competing Laws Pittman - Cyberlaw & E-Commerce

The preceding laws are void to the extent they violate the U. S The preceding laws are void to the extent they violate the U.S. Constitution, First Amendment Competing Laws Pittman - Cyberlaw & E-Commerce

Amendment I Congress shall make no law Amendment I Congress shall make no law . . . abridging the freedom of speech, or of the press . . . The Bill of Rights Pittman - Cyberlaw & E-Commerce

According to court interpretations, the First Amendment places the highest protections for political speech, parody, satire, commentary, and the like This speech generally may not be limited Degrees of Protection Pittman - Cyberlaw & E-Commerce

Pure commercial speech (speech proposing a commercial transaction) is protected to a lesser degree and may be regulated by copyright, trademark, and the right to publicity laws Degrees of Protection Pittman - Cyberlaw & E-Commerce

Certain speech, such as defamation and obscene speech, receives no protection under the First Amendment Degrees of Protection Pittman - Cyberlaw & E-Commerce