Mary LaFrance - Copyright Law in a Nutshell

West Academic Publishings Law School Advisory Board

Jesse H. Choper

Professor of Law and Dean Emeritus,
University of California, Berkeley

Joshua Dressler

Distinguished University Professor, Frank R. Strong Chair in Law
Michael E. Moritz College of Law, The Ohio State University

Yale Kamisar

Professor of Law Emeritus, University of San Diego
Professor of Law Emeritus, University of Michigan

Mary Kay Kane

Professor of Law, Chancellor and Dean Emeritus,
University of California, Hastings College of the Law

Larry D. Kramer

President, William and Flora Hewlett Foundation

Jonathan R. Macey

Professor of Law, Yale Law School

Arthur R. Miller

University Professor, New York University
Formerly Bruce Bromley Professor of Law, Harvard University

Grant S. Nelson

Professor of Law, Pepperdine University
Professor of Law Emeritus, University of California, Los Angeles

A. Benjamin Spencer

Earle K. Shawe Professor of Law,
University of Virginia School of Law

James J. White

Robert A. Sullivan Professor of Law Emeritus,
University of Michigan

Copyright Law

In a nutshell

Third Edition

mary l a france

IGT Professor of Intellectual Property Law
William S. Boyd School of Law
University of Nevada
Las Vegas

The publisher is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.

Nutshell Series, In a Nutshell and the Nutshell Logo are trademarks registered in the U.S. Patent and Trademark Office.

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ISBN: 978-1-63460-304-1

To Bolinas

Preface

This book is for anyone who needs a concise but thorough introduction to copyright law. It is aimed at lawyers, students, artists, authors, and businesspersons, as well as intelligent consumers who just want to know more about the copyright issues reported by the media.

Copyright law has grown increasingly complex over the years. Also, there are many misconceptions that are surprisingly persistent, and new misconceptions arising all the time. A better understanding of copyright law will prevent costly mistakes, avoid unnecessary litigation, encourage consumers to take an active interest in legislative proposals, and enable authors and artists to focus on their creative work without the distraction of legal entanglements.

The book assumes that the reader has no prior knowledge of copyright law, but it does not shy away from addressing aspects of the law which are ambiguous, in a state of flux, or the subject of conflicting opinions from courts and commentators. Where the law is still evolving, the text identifies the areas of uncertainty and the most recent authorities that have attempted a resolution. The text also notes areas where further legislation is needed or is currently under consideration.

Because federal copyright law is a creature of statute, every aspect of copyright law addressed in the book is accompanied by references to the pertinent statutes and, where appropriate, their legislative histories. The most important aspects of each statute are discussed in the text, so that the reader can derive a good understanding of the material from the text alone. However, all of the relevant statutory citations are included in the text for those who wish to develop their understanding further.

Mary LaFrance

October 29, 2016

Outline

D.Pantomimes and Choreographic
Works

E.Pictorial, Graphic, and Sculptural
Works

F.Motion Pictures and Other Audiovisual
Works

A.General Scope of Compilation
Copyright

B.Scope of Copyright in Collective
Works

A.Scope of Derivative Work
Copyright

2.10 Works That Infringe Underlying
Works

3.Pre- Versus Post-Creation
Agreements

D.Divided Ownership of Works Made
for Hire

B.Complexities of the Collaborative
Process

C.Legal Consequences of Joint
Authorship

Interpreting the Intent
Requirement

E.Derivative Works Based on Joint
Works

F.Joint Authorship Involving Work
Made-for-Hire Arrangements

D.Meaning and Effect of
Publication

5.1 Works Published Before January 1,
1978

5.2 Works Created on or After January 1,
1978

5.4 Sonny Bono Copyright Term Extension
Act

5.5 Works No Longer Protected by
Copyright

5.8 Sound Recordings Fixed Before
February 15, 1972

5.9 Restoration of Copyrights in Foreign
Works

6.4 Interpreting Assignments and
Licenses

A.Provisions Common to Both
Termination Rights

Grants Subject to
Termination

Derivative Works
Exception

When Termination May
Occur

Reversion of Terminated
Rights

Post-Termination Grants of
Reverted Rights

When Termination May
Occur

Reversion of Terminated
Rights

Post-Termination Grants of
Reverted Rights

Termination of Gap
Grants

B.Places Where Public Is
Gathered

E.Performing Rights
Organizations

7.9 Exclusive Rights of Live Musical
Performers

Chapter 8. Limitations on Exclusive
Rights

8.1 Reproduction and Distribution by
Libraries and Archives

C. Imported Copies and
Phonorecords

F. Coin-Operated Audiovisual
Games

A. Exemptions for Nonprofit
Activities

Performances for Persons
with Disabilities

B. Exemptions Applicable to
For-Profit Activities

Broadcasts Received in Public
Places

Vendors of Audiovisual
Devices

8.7 Limitations on Exclusive Rights in
Sound Recordings

B. Section 114(b): Limits on Reproduction and Adaptation
Rights

C. Sections 114(d)(j): Limits on
Digital Audio Transmission
Right

8.8 Compulsory License for Nondramatic
Musical Works

A. Mechanical Compulsory
Licenses

8.11 Public Broadcasting Compulsory
License

8.12 Compulsory Licenses for Satellite
Retransmissions

8.13 Limits on Exclusive Rights in
Architectural Works

8.14 Exceptions for Persons with
Disabilities

Literal and Nonliteral
Similarity

9.5 Liability of Internet Service
Providers

A. Registration as Prerequisite to
Suit

A. Purpose and Character of the
Use

C. Amount and Substantiality of the
Portion Used

Actual Damages and
Profits

Penalty for Wrongful
Invocation of 110(5)

11.3 Criminal Penalties for Music
Bootlegging

11.4 Civil Remedies and Criminal Penalties
for Counterfeit Labelling

Chapter 12. Digital Millennium Copyright
Act

C. Analog Copy Protection
Technology

12.5 Civil Remedies and Criminal
Penalties

Rights Equivalent to
Copyright

Table of Cases

References are to Pages

1800 Contacts, Inc. v. WhenU.com, 188

A & M Records v. Napster, Inc., 310, 333

Aalmuhammed v. Lee, 81, 97

Abend v. MCA, Inc., 380

ABKCO Music, Inc. v. LaVere, 117

ABS Entertainment, Inc. v. CBS Corp., 27

Academy of Motion Picture Arts & Sciences v. Creative House Promotions, Inc., 115