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Published byDeborah Jackson Modified over 9 years ago
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Copyright TC 310 June 23, 2008
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Origin of Copyright Constitutional Basis Like Patents, dislike Trademarks Most recent Copyright Act is 1976 Protects Author's writings at fixation (not ideas) Limited Time Expansion to expression Expansion of authorship
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Common Law v. Statutory Two ideas of Copyright Common Law Rights of authors before publication Perpetual, no limits Statutory Rights of publisher Limited time frame 70, 95, 120 years? 1976 Act mostly subsumes Common Law
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Concepts of Copyright Originality Not like novel. Does not have be be new Author wrote it..not copied Some degree of creativity Expression Copyright must be beyond idea Expressed in some manner, tangible
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Specific Exclusive Rights Reproduction Distribution Derivations Distribution Performance Digital Transmission Performance
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Infringement Not copyright holder, perform previous Intentional and Unintentional Sampling, unconscious inspiration Contributory infringement Napster/Grokster v Sony Proof Ownership of Copyright Evidence of reproduction circumstantial
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Fair Use Balancing Act Considerations purpose/character of use Nature of copyrighted work Proportion taken Impact of taking Free speech, satire, education
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Telecommunication Application Digital Copyright infringement (piracy) Digital copies are “perfect” End-to-End Internet International nature Harms copyright holders Songwriters Guild of America Motion Picture Association of America Recording Industry Association of America
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Possible Solutions DoJ bringing suits Intellectual Property Task Force 15 Months jail time Individual suits $150,000 per song Average settlement is $3,000 ISP monitor traffic Embedded security code
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Creative Commons Not to be confused with Spectrum Allocation Alternative to current Full copyright Partial No rights reserved Solves problem? All claim full Optimistic?
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Take Away Influence of Internet Rethought telecommunications Rethink Intellectual property Sources of resistance Major studios/recorders, publishers Common folk (maybe you) Role of Broadband More broadband, more problems
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