Copyright Fundamentals Copyright Subject Matter Victor H. Bouganim WCL, American University

Victor H. Bouganim, WCL, American University, Spring 2001 Copyright F economic rights F moral rights bundle of exclusive rights ©

Victor H. Bouganim, WCL, American University, Spring 2001 Copyright - Historical Context F England : Stationers’ Company monopoly F England - Statute of Anne, 1710 F Constitution: Patent and Copyright Clause F Copyright Act of 1790 F Copyright Act of 1909 F Copyright Act of 1976 F 1980: Computer program protection F 1988: Berne Convention ratification F 1990: Architectural Copyright Act F 1992: Audio Home Recording Act F 1998: Sonny Bono & D.M.C.A.

Victor H. Bouganim, WCL, American University, Spring 2001 TRIPS Copyright Regime F Members shall comply with Articles 1 through 21 of the Berne Convention (1971) and the Appendix thereto. However, Members shall not have rights or obligations under this Agreement in respect of the rights conferred under Article 6bis of that Convention or of the rights derived therefrom. [TRIPS, Article 9.1] F Berne Convention, Article 6bis – Moral Rights: –to claim authorship –to object to certain modifications and other derogatory actions F Rationale for exclusion –not a trade-related issue –possible barrier for full exploitation by a licensee –not recognized in some countries. E.g., USA.

Victor H. Bouganim, WCL, American University, Spring 2001 Overview of Copyright Regime F Elements –Copyrightable Subject Matter –Threshold for Protection –Formalities –Authorship & Ownership –Duration of Copyright F Exclusive Rights –Copying –Derivative Works –Distribution –Performance & Display

Victor H. Bouganim, WCL, American University, Spring 2001 Subject Matter of Copyright 17 U.S.C. Section 102(a) F “Copyright Protection subsists, in accordance with this title, in 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…”

Victor H. Bouganim, WCL, American University, Spring 2001 Copyright Works - USA Copyright Act 1976 F Literary works –includes: u compilation u computer program F Musical works F Dramatic works F Pantomimes and choreographic works F Pictorial, graphic, and sculptural works F Motion pictures and other audiovisual works F Sound recordings F Architectural works

Victor H. Bouganim, WCL, American University, Spring 2001 Copyright Works - UK – Part 1 Copyright, Designs and Patents Act 1988 F Literary Work –any work which is written, spoken or sung, includes: u a table or compilation u a computer program u preparatory design material for a computer program F Dramatic Work –includes:dance or mime F Musical Work –a work consisting of music, exclusive of any words of action

Victor H. Bouganim, WCL, American University, Spring 2001 Copyright Works – UK – Part 2 Copyright, Designs and Patents Act 1988 F Artistic Work –a graphic work –any painting, drawing, diagram, map, chart or plan, and –any engraving, etching, lithograph, woodcut or similar work –a sculpture –a collage –a work of architecture –a work of artistic craftsmanship

Victor H. Bouganim, WCL, American University, Spring 2001 Copyright Works - UK – Part 3 Copyright, Designs and Patents Act 1988 F Sound Recording F Film F Broadcast F Cable Programme F The Typographical Arrangement of Published Editions

Victor H. Bouganim, WCL, American University, Spring 2001 Literary Works F “Works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects…” Section 101. F Material objects: –books –periodicals –manuscripts –phonorecords –films –tapes –disks –cards

Victor H. Bouganim, WCL, American University, Spring 2001 Pictorial, graphic & sculptural works F “Two-dimensional and three- dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans…” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001 Motion pictures & other audiovisual works F “‘Motion pictures’ are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.” Section 101. F “‘Audiovisual works’ are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001 Sound Recordings F “‘Sound recordings’ are works that result from the fixation of a series of musical spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied.” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001 Architectural Works F “The design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001 Dramatic, pantomime & choreographic works F Protection extends to written or otherwise fixed instruction for performing a work of art. F Unrecorded dancing is not a protectable work because it is not fixed in a tangible medium. F Protection does not extend to simple steps or conventional gestures. F All three forms of work are entitled to protection against literal copying, and also copying of their expressive elements, character, action, and dialogue.

Victor H. Bouganim, WCL, American University, Spring 2001 Musical Works F Copyright law protects musical works that are written on paper, pressed onto a phonorecord, recorded on audiotape, or otherwise fixed in a tangible medium of expression. F The work must be original in its melody, harmony or rhythm, individually or in combination.

Victor H. Bouganim, WCL, American University, Spring 2001 Compilations F “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.” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001 Derivative Works F “A work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed or adapted. A work consisting of editorial revisions, annotations, elaboration, or other modifications which, as a whole, represent an original work of authorship, is a ‘derivative work.’” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001 Derivative Works & Compilations F Protection “extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work.” Section 103(b)