B LAW 341

BUSINESS
LAW I
SECTION 001
INTRODUCTION TO
CONTRACTS,
Copyrights
LIABILITY ISSUES &
INTELL.
TOPIC OUTLINE
I. Copyrights
A. Obtaining Copyrights
B. Copyright Infringement
C. Fair Use

2017 Daniel R. Cahoy

WHAT CAN BE COPYRIGHTED?
Entirely federal law
To promote creative works
Expected: Literary works, musical works, pictures, sculptures, movies
Surprising
Architectural Works
Protected since 1991
MIT weird new building that looks like a pages of a book
Computer programs
Clearly protected since 1980
Source and Look & Feel
Crazy birds, source codes,
Painting, only own the copyright of the
Copyright is the ideal that is separate from the physical objects
U buy the books, but only own the copy not the content
Separate from the physical object

Patent is functional
Copyright: creation, creative, ideas
2017 Daniel R. Cahoy
COPYRIGHTABLE SUBJECT MATTER
Original expressions
Expressions
Not ideas or facts
More than just a title
Not mathematical formulas or inventions
Someone wrote a song about pi
Maybe that is a copy in some way, substantially similar
No. you cant do that in the ideas of the song.

Original
Your own (but not necessarily distinct)
Very low standard!

2017 Daniel R. Cahoy

STAR ATHLETICA V. VARSITY BRANDS
(2016)
Varsity designs and sells cheerleader uniforms
Contain many different curves, stripes, angles, chevrons, etc.
Star Athletica sold uniforms that allegedly copied some of Varsitys designs
Varsity Sued
Star claims that designs are not copyrightable because functional or utilitarian
Court
First question is whether design can exist apart from utilitarian features
Like on a canvas
Second question is whether design is copyrightable
In this case, Varistys designs meet the test and lawsuit can continue

These are not expressive but functional

Is there a sth copyright or functional?
Express sth for cheerleading for it to be expressive
A functional item can have sth design that is
Separate design from the functional item
Could you draw it on a canvas and consider it as a artistic work>
Sure. You can do that. Arguably expressive
Separate them, and, r they copyright-able

2017 Daniel R. Cahoy

HOW DO YOU GET A COPYRIGHT?
Registration and Notice was once required
For all works created after 1978
Registration is not required
Copyright attaches as soon as work is fixed in a tangible medium
Written down and recorded before
The words that I spoke out unless I have written down before: not copyrightable
For all works created after 1989
Notice is not even required

Author is owner
But employees produce works-for-hire
Company is author
When you write sth for the company when u r employed by the company

2017 Daniel R. Cahoy

COPYRIGHT HARM
Civil Remedies
Injunctions
the infringement
Damages
Actual
Lost profits,
Statutory
150K per work fine by the statute
You can get money even if you cant prove u lost nothing
10 songs, 150k*10=1500K
It doesnt matter whether stealing the work has benefited the
company
Criminal Penalties
Have to convince the US government to sue for you

Even non-profit infringement subject to damages

Post it for free and gave it to the public for free

2017 Daniel R. Cahoy

EXCLUSIVE RIGHTS OF AUTHORS
Right to reproduce
Right to produce derivative works
Make a movie from a book
Only the original author has the right to do that
Right to distribute
Sell DVD of your movies
Didnt copy but sell them: still illegal
Right of public performance and display
Sing a song, I cant do it,
Moral rights for visual arts
u cant take artist names off of the painting
Separate rights!

Copyright Term
Term is life of the author + 70 years
95 years from publication for a work created for a company

Trade secret and trademarks last forever.

2017 Daniel R. Cahoy

COPYRIGHT INFRINGEMENT
Violate any of the exclusive rights in the copyrighted work
the copyrighted work = original expression
Not the idea, not the facts
Actual copying required
Substantial similarity and access to the work
E.g Queen + David Bowie from the 70s, so huge,
Vanilla ice from the 80s on the sports
Two songs are very similar
Was there an assess? most people in the music industry probably
have heard it
Doesnt need to be the whole song but substantially similar
Similar music elements that are stock elements between 2 songs
Genre style tend to be similar. 2 superhero movies.
The cord u need every song. Take out stuff that wasnt copyrightable
and compared to left over.

Even if you copy sth that is so similar to the copy but didnt copy it
Identical on your own without seeing somebody elses own
It is not considered as infringement

2017 Daniel R. Cahoy

WILLIAMS V. BRIDGEPORT MUSIC
Marvin Gaye was an important singer-songwriter
Recorded Got to Give it Up in 1976
Released in 1977 and reached number one on the Hot 100 charts
Robin Thicke and Pharrell Williams are composers of Blurred Lines
Sold 6 million copies in 2013
Gayes family argued infringement and Williams et. al. asked a court to decide
Court
Gayes protection limited to sheet music
All that was allowed when song was released
Thick had access to Gayes work and was influenced
Substantial similarities in signature phrase, hooks, melodies, keyboard and percussion
Jury: Thicke & Pharrell owe Gaye $7.3 million!
Conclusion: substantially similar and infringement
Judgement calls, can be different in terms of their perspective an background

2017 Daniel R. Cahoy

FAIR USE
Fair use is a defense to infringement
Excuses liability
Four-factored balancing test
Purpose and character of the use
Nature of the copyrighted work
Amount used
Effect of use on potential market
First and fourth one are the most important
Does it destroy the owner to make money or they just dont care
Must be considered in every instance
Common Fair use mistakes
Lack of profit
Educational uses
Give away copy of textbooks for free not same as the clips at class
Convenience

2017 Daniel R. Cahoy

CAMPBELL V. ACUFF-ROSE(NOT IN THE EXAM )
2 Live Crew makes version of Pretty Woman and changes parts
w/o permission
Infringement if not fair use
Court
Character: Parodies are important it can be a type of fair use
Amount: just enough to conjure up
Lyrics vs. music
Market affect: critique or other use?
Commercial nature isnt everything
Campbell (2 Live Crew) wins

2017 Daniel R. Cahoy