1. 1

2. Famous Infringements Court Cases
What is copyright
Why?
What?
Fair Use?
Famous Infringements Court Cases 2

3. © Form of protection Covers both published & unpublished works
Grounded in US constitution and granted by law 3

4. Protects original works in a tangible medium of expression4

5. Copyright Patent Trademark Service mark
Protects original works of authorship
Patent
Protects inventions or discoveries
Trademark
Protects words, phrases, symbols, or designs identifying the source of the goods
Service mark
Protects any word, name, symbol, device, or any combination, used, or intended to be used to identify services of one provider from services provided by others
Service mark – i.e. girl scouts of America 5

6. On Patents, Trademarks, and Service Marks go to the United States Patent and Trademark Office at 6

7. The moment it is created
fixed in a tangible (or touchable) form 7

8. NO Registration is voluntary
You will have to register if you wish to bring a lawsuit for infringement 8

9. Sending a copy of your own work to yourself
There is no provision (or terms) regarding such protection
Not a substitute for registration 9

10. US has copyright relations w/most countries
US honors each other’s citizens’ copyrights
US does not have such copyright relationships with every country 10

11. Original authorship appearing on a website may be protected
Writings
Artwork
Photographs
Etc. 11

12. NO 12

13. No
May be protected under trademark laws 13

14. $35 by online application
$45 by paper application
$35 by online application 14

15. If certain conditions are met
Yes, if unpublished works as a collection with one title for entire collection
If certain conditions are met 15

16. By paper
Approximately 8 months
Online
Shorter but up to 8 months 16

17. Basically Works created in this class Unpublished Published
Your life + 70 years, or 120 years from date created
Published
Your life + 70, or 95 years from publication 17

18. I know it has copyright protection but I still want to use it.
What do I do? 18

19. If you know who has the copyright Not certain about ownership
Ask for it
Not certain about ownership
Request copyright office to search records
$150 per hour charge 19

20. They will file a civil lawsuit in federal district court
Consult an attorney
In cases or willful infringement for profit, U.S. Attorney may initiate criminal investigation
They will file a civil lawsuit in federal district court 20

21. Unless circumstances fall under “fair use” doctrine
YES
Unless circumstances fall under “fair use” doctrine 21

22. YES For backup or archival purposes ONLY If you are legal owner
Copies are destroyed, or transferred w/ original once copy is sold, given away, or otherwise transferred. 22

23. Non-copyrightable Ideas Facts Titles Names Short phrases Blank forms23

24. Lost copyright Hard to loss copyright now (under new laws)
All works published b4 Jan.1, 1978 w/out valid © notice considered public domain
Published between 1978 & March 1, 1989
does not contain a valid copyright notice
given 5 years b4 tossed n2 public domain 24

25. Expired copyright Any work published b4 1964
If owner failed to renew © 25

26. Government Documents Federal documents & publications
This does not include
Money
Stamps
Etc. 26

27. Granted into public domain
Author grants work into public domain 27

28. Copyright © 2000 Marsha Lott
All Rights Reserved
Remember that it you work for a company and create something while working there it is considered “work for hire” and the company owns the work, not you. 28

29. A way to legally use something that has a copyright29

30. The purpose and character of the use
The nature of the copyrighted work
The relative amount
The effect upon the potential market 30

31. The purpose and character of the use
Commercial or non-profit educational
Preamble purpose
Degree of transformation
Before the early 1990’s, no one outside of the education system tried to use fair use to win a case. 2 Live Crew was the first in 1990. 31

32. The purpose and character of the use
Commercial or non-profit educational
Was it created for profit or non-profit
Will they make money off of it?
Before the early 1990’s, no one outside of the education system tried to use fair use to win a case. 2 Live Crew was the first in 1990. 32

33. The purpose and character of the use
Preamble purpose
Criticism
Comment
News reporting
Teaching
Scholarship
Research
This list is not restrictive but easier if it falls under one of these headings if you go to court
Before the early 1990’s, no one outside of the education system tried to use fair use to win a case. 2 Live Crew was the first in 1990. 33

34. The purpose and character of the use
Degree of transformation
Was new work merely supplants the original
Does it add something new
Does it alter the first with a new expression, meaning or message?
Before the early 1990’s, no one outside of the education system tried to use fair use to win a case. 2 Live Crew was the first in 1990. 34

35. The nature of the copyrighted work
Acknowledges that some works are simply more deserving of copyright protection than others 35

36. “no more was taken than was necessary”
Relative Amount
Amount taken
Quality of utilized work
Ratio of amount taken to utilizing work
“no more was taken than was necessary” 36

37. Effect upon Potential Market
Extent of harm to the market or potential market or the original work caused by infringement 37

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39. 39

40. www.copyrightwebsite.com Great information Easier to read
Great current infringement court cases 40

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42. British diva Desree Weeks co-wrote “I’m Kissing You” with Timothy Atack, and she also performed the song on the soundtrack for the MTV-generation version of William Shakespeare’s Romeo + Juliet.
On April 3, 2007, Beyonce released a CD title B'Day Deluxe Edition, which is basically a re-release of the B'Day album released in 2006, except that it includes several latin remixes and a new song, "Still in Love (Kissing You)". Issuing these types of re-releases that include latin remixes and a new song or two is a common ploy of artists who want to get out of their contractual obligations with their label so that they can go cut some new tracks with Jay Z. In this case, the new song was a cover of the Des'ree song in which Beyonce used the music, re-titled the work, and added additional lyrics. 42

43. Movies Music Devil’s Advocate Batman forever 12 monkeys
Naked Gun 33 1/3
Music
2 Live Crew
Biz Markie
ZZ Top
Dr. Dre
MC Hammer
Vanilla Ice 43