1. Law 507 | Intellectual Property | Spring 2003
Copyright I
Class Notes: January 22, 2003
Law 507 | Intellectual Property | Spring 2003
Professor Wagner

2. Today’s Agenda The Basics of Copyright Requirements for Copyright
1/22/03
Law 507 | Spring 2003

3. Copyright Basics The History of Copyright An Overview of Copyright
How is copyright’s history driven by technological change?
Why did the Statute of Anne grant rights to authors, not publishers?
An Overview of Copyright
Subject matter: literary and artistic expression
Threshold for protection: minimal originality
Formalities: notice required (prior to 1989); registration & deposit required to sue
Duration: life + 70 yrs; 95 from publication or 120 from creation for entity authors
1/22/03
Law 507 | Spring 2003

4. Requirements for Copyright
17 U.S.C. § Subject matter of copyright: In general
(a) 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.
1/22/03
Law 507 | Spring 2003

5. Requirements for Copyright
17 U.S.C. § Subject matter of copyright: In general
(a) 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.
1/22/03
Law 507 | Spring 2003

6. Requirements for Copyright
Original Works of Authorship
Feist Publications v Rural Telephone Service
Why does Feist want Rural’s listings?
How did Feist get caught?
Feist admitted copying ~ 1300 listings. Why no infringement?
Didn’t Rural choose which / how information was listed? (Do you agree with the court’s characterization as ‘garden-variety’?)
1/22/03
Law 507 | Spring 2003

7. Requirements for Copyright
Original Works of Authorship
Facts versus Compilations
Which of the following is copyrightable?
Telephone listings, sorted by zipcode.
Telephone listings, plus clever nicknames.
Fake telephone listings, sorted by surname.
Electronic phone book database.
A taxonomy of insurance billing codes (5-digit #s)
Page numbers in case reporters (i.e., 123 F.2d 456)
Even if the above is ©, can anything be copied?
Can you recreate the work yourself?
1/22/03
Law 507 | Spring 2003

8. Requirements for Copyright
Original Works of Authorship
Facts versus Compilations
The database problem
Why not protect non-original compilations of facts?
Don’t we want to encourage investment/deployment?
Absent ©, how to protect databases?
“Functionally”-focused works
Are maps ©? (Should they be?)
What about aerial photographs?
Schematic designs/drawings?
1/22/03
Law 507 | Spring 2003

9. Requirements for Copyright
Fixed in a Tangible Medium of Expression
Why require fixation as a condition for copyright?
Explain the difference between:
An “original work”
A “copy”
A “phonorecord”
A “book”
How is a live broadcast copyrightable?
You type text into your word processor. Fixed?
You open a web page. Has a copy been made?
1/22/03
Law 507 | Spring 2003

10. Requirements for Copyright
Formalities
Notice
Why have US notice requirements relaxed since 1909?
What is the current US rule?
Why does the US strongly encourage notice?
Registration
What do we mean by ‘registration’?
What is the current rule? (Why the two-tier system?)
Why “encourage” registration?
Deposit
What is the rule? Why require deposit?
1/22/03
Law 507 | Spring 2003

11. The Subject Matter of Copyright
Next Class
Copyright II
The Subject Matter of Copyright
1/22/03
Law 507 | Spring 2003