©opyright

Siva

Siva ©nt'd At beginning of 20th century law favored producers at expense of consumers IP has become America's most valuable export (50% or so of US exports) Law has lost sight of encouraging creativity, science, and democracy; it protects producers and taxes consumers Healthy public sphere needs thin copyright; news/mags/papers don't report on IP issues? Corporations us IP to create artificial scarcity

Basics 17 U.S.C. Expression of an idea fixed in a tangible medium Statutory law; comes from Article 1, Section 8, Clause 8 of US Constitution Natural people = life + 70 years; Juristic people = 95 years Public Domain (1923) Copyright Act of 1976 No ©; only need to register with Copyright Office if you plan to sue or foresee the need to sue

What DOES © Protect? SCOPE! 17 U.S.C. 102 Copyright protection extends to: "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.”

What DOES © Protect ©ont'd? 1) LITERARY WORKS (fiction, nonfiction, poetry, textbooks, reference works, directories, catalogs, advertising copy) 2) MUSICAL WORKS (compositions, arrangements, lyrics) 3) DRAMATIC WORKS (plays, scripts for tv/cinema/radio, treatments) 4) PANTOMINES and CHOREOGRAPHY (embodied in video, audio, or written form, notation)

What DOES © Protect ©ont'd? 5) PICTORIAL, GRAPHIC, SCULPTURAL (pictures, prints, maps, charts, drawings, paintings, 2d/3d, mannequins, decorative belt buckles) 6) MOTION PICTURE / AUDIOVISUAL (feature film, documentary film, animated film, television show, video, videogame) 7) SOUND RECORDINGS 8) ARCHITECTUAL WORKS (1990, drawings, drafts, plans, etc.)

What Doesn’t © Protect? Ideas Facts Recipes, jokes, fashion Logos News/Sports Recipes, jokes, fashion Logos Names Processes Inventions Gov’t!!! Patent/Trademarks… Trade secrets... Formula, process, design, pattern, recipe…allow for economic advantage

Feist v. Rural (1991) Supreme Court decision Feist copied from Rural's listings Prior, “sweat of brow” Copyrightability based in originality Sig: Can’t copyright facts/info Sig: Copyright can only apply to creative aspects of a collection Alphabetical order not creative enough