1. Copyright Law Boston College Law School February 13, 2003 Formalities 2 - Review

2. Formalities Over Time

3. Notice

4. Notice and “Cure” 17 U.S.C. §450(a) –“With respect to copies … publicly distributed [before March 1, 1989], the omission of copyright notice … does not invalidate the copyright in a work if … (2) … reasonable effort is made to add notice to all copies … that are distributed to the public … after the omission has been discovered.

5. Where are we? I.Introduction –A. History –B. Theories II.Prerequisites for Protection –A. Fixation –B. Originality 1. Basic Concept 2. Idea/Expression

6. Where are we? III. Works of Authorship –A. Literary Works –B. Musical Works, Sound Recordings –C. Dramatic, Pantomimes, Choreographic –D. Pictorial, Graphical, Sculptural –E. Motion Pictures –F. Architectural –G. Derivative –H. Compilations

7. Where are we? IV. Ownership, Duration, Renewal –A. Initial Ownership 1. Work for Hire 2. Joint Works –B. Duration and Renewal –C. Transfers and Termination

8. Where are we? V.Publication and Formalities –A. Publication –B. Notice –C. Registration –D. Deposit

9. Sample Hypo Facts –Author A writes Italian food cook book in 1940 –Under contract with Gourmet magazine; assigns all rights –Copies recipes from other books, creates new ones –Adds detailed historical research, pictures, personal stories, etc. –Book is published by Gourmet in 1940 –In 2002, Author B wishes to copy material from book Questions –Is the book still copyrighted? What issues? –If copyrighted, who owns the rights? (Assume A still alive). Issues? –If copyrighted, what can Author B take? Issues?

10. Sample Hypo Is the book still copyrighted? What issues? –Published in 1940, under 1909 Act. Term = 28 + 28. –First term expired 1968. Was it properly renewed? –If so, then renewal term expired 1996 under 1909 Act Extended +19 by 1976 Act, to 2015 Extended +20 by 1998 Bono Act, to 2035 –Was it published with notice? If not, then public domain

11. Sample Hypo Who owns the copyright? What issues? –Work for hire? If so, then Gourmet owns. –If not work for hire, then Author A owns. Was renewal right assigned to Gourmet? Could author A terminate the assignment? –Pre-1978 transfer subject to pre-1978 rules –Entitled to capture 19-year extension –Thus could have terminated in 1996

12. Sample Hypo If still copyrighted, what can B take? –What is not protectible? Unoriginal material taken from others Recipes themselves (process or method) Research, testing, etc. Elements that are merged –What is protectible? Original material, e.g. pictures, descriptions, etc. Selection and arrangement of the elements

13. What is coming up? VI. Exclusive Rights VII. Infringement Actions VIII. Defenses IX. Preemption X. Remedies XI. International

14. Assignment for Next Class Read VI.A. – Reproduction & Adaptation