Copyright Law Ronald W. Staudt Class 7 February 11, 2009

Y ouTube users caught in Warner Music spat by Greg Sandoval 1, 27, 2009 from Jocelyn FloydGreg Sandoval Corey VidalCorey Vidal is no pirate, but he's been branded one as a result of the licensing spat between Warner Music Group and YouTube. On YouTube, Vidal posted a humorous video tribute to John Williams, the man who scored the soundtracks for such blockbuster films as Indiana Jones, and Star Wars. In his clip he included some of Williams' music. By now, everybody knows that YouTube removes videos that violate copyright law. What's different about Vidal's work getting pulled is that when he posted it in October, he was permitted to use Warner's music. Until last month, YouTube had an agreement with Warner Music--one of the four largest recording companies--that allowed video creators to include the label's content in their clips. Last month, talks to renew the deal broke down and that means YouTube and its users no longer have access to Warner's library. For this reason, the case is much different than YouTube's high-profile fight with Viacom or run-of-the-mill piracy that once flourished on the site.broke down

AP alleges copyright infringement of Obama image By HILLEL ITALIE from Kurt Iselt & Michael Keefe On buttons, posters and Web sites, the image was everywhere during last year's presidential campaign: A pensive Barack Obama looking upward, as if to the future, splashed in a Warholesque red, white and blue and underlined with the caption HOPE. Designed by Shepard Fairey, a Los-Angeles based street artist, the image has led to sales of hundreds of thousands of posters and stickers, has become so much in demand that copies signed by Fairey have been purchased for thousands of dollars on eBay. The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Manny Garcia on assignment for the AP at the National Press Club in Washington. The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees.

Judge: Psystar can claim Apple 'copyright misuse' by Dawn Kawamoto Cnet News February 9, 2009Dawn Kawamoto Apple filed [a copyright and trademark infringement suit] in July against Psystar, whose OpenComputers are designed to run the Mac OS X operating system. In its amended complaint, Psystar accuses Apple of copyright misuse, as well as unfair competition violations based on its alleged copyright misuse. Judge Alsup, in citing a previous case--Practice Management Information Corp v. American Medical Association--notes in his order:Practice Management Information Corp v. American Medical Association Copyright misuse does not invalidate a copyright, but precludes its enforcement during the period of misuse." Practice Management, 121 F.3d at 520 n.9. Moreover, "a defendant in a copyright infringement suit need not prove an antitrust violation to prevail on a copyright misuse defense." Id. at 521.

Compilations z§ 101. Definitions *** A "compilation" is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term "compilation" includes collective works.

Compilations and derivative works z§ 103. Subject matter of copyright: Compilations and derivative works (a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully. (b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

Compilation cases zGreeting cards zLawn signs zVideo games zFurniture arrangements zHigh school celeb photos zCase reporters zRed Book car valuations z Yellow pages categories z Assessors’ data/software z Yoga sequences z Literary anthologies z Designer t-shirts z Site plans z Maps

Compilations zRoth Greeting Cards v. United Card Co. y“It appears to us that in total concept and feel the cards of United are the same as the copyrighted cards of Roth.” yDissent: “I do not think that we should extend a 56-year monopoly in a situation where neither infringement of text, not infringement of art work can be found.” zSem-Torq, Inc. v. K Mart Corp ySet of signs “not an independent work; it is incapable of existing separately from its components.”

Some questions: zBreakout?Breakout? zFurniture arrangement in a showroom? zDesigner T shirts? zHigh school photos of celebrities?

Matthew Bender v. West Publishing Co West’s assertions about originality (i) the arrangement of information specifying the parties, court, and date of decision; (ii) the selection and arrangement of the attorney information; (iii) the arrangement of information relating to subsequent procedural developments such as amendments and denials of rehearing; [**20] and (iv) the selection of parallel and alternative citations. n4

Matthew Bender V. West Publishing Co. West V. Mead Data Central Star pagination What is a copy? Valuable but unoriginal information.

CCC Information Services 1)that the Red Book employed no originality or creativity in the selection, coordination or arrangement of data, and therefore did not constitute a protected "original work of authorship," and because the Red Book valuations were facts, or interpretations of facts, and were, therefore, not protected by copyright; 2)copyright protection was …precluded by the doctrine of "merger of idea and expression," because each entry in the Red Book is an idea - - the value of the particular vehicle -- necessarily communicated by a dollar figure; (categories of ideas: solutions v. taste…) 3) that the Red Book had been placed in the public domain by being "incorporated into governmental regulations.“ What about Southco and ATC Distribution and part #s? Check out New York Merchantile Exchange Inc. –Supp p.7 NYMEX daily settlement prices

Compilations– In Out zWainwright reports zRoth – (total concept & feel) zAtari- Breakout zFurniture arrangement zCCC Red Book z Rural’s white pages z Sem-Torq sign set (132) z Boston T shirts( ) z West cases & page numbers z ATC and Southco part numbers z NYMEX settlement prices (Supp. P7)

BAPCO v. Donnelley zWhere is the creative line in directories? yCreative arrangement? yMerger with idea of categories? yText or graphics in the ads, placement of ads zSilverstein v. Penguin– Dorothy Parker’s poems yOn remand, see Casebook Supplement p. 8 zYoga moves in sequence?

Assessment Technologies v. WIREdata zWhy is J. Posner appalled? Towns hire Assessors who gather tax data Market Drive database- 34 categories 456 fields Assessors input data into Market Drive Defendant WIREdata demands data from the towns. Three towns say no because it would violate their MarketDrive software license. Everybody sues.

Assessment Technologies v. WIREdata Does AT have a valid copyright? What does that copyright protect? Will PDF of the data suffice? Directive 96/9/EC and the sui generis right?

Sporaco v. Lawler zFacts yWho is Sporaco? yWho owns his plans? yWhat is in the plans? yWhat about the contract? yWhat is Sporaco’s claim? yWhat happened in the District Court? zAre maps copyrightable? yIf so what is protected?

Sporaco v. Lawler zExisting site plan and the fact/expression dichotomy— ySelection, coordination, arrangement & pictorial graphical contribution. xSJ process. zProposed site plans and idea/expression dichotomy— yAbstractions test? Details?

Maps and © zSweat of the brow and the framers? zHow do you advise a client to enhance the copyrightability of a proposed map? zWhat about mileage tables derived from creative copyrightable maps?

Compilations– In Out zWainwright zRoth – (total concept & feel) zAtari- Breakout zFurniture arrangement zCCC Red Book zSporaco’s proposed site plan z Rural’s white pages z Sem-Torq sign set (132) z Boston T shirts(134-35) z West cases & page numbers z ATC and Southco part numbers z NYMEX settlement prices z Bell South Yellow pages z All of Parker’s poems z Assessor data in AT z Sporaco’s existing site plan