the right to keep you from reproducing the work. For literary works, pretty straightforward (did you copy) are the copies very similar.

copyright clearance center- will go around and collect royalties for copyrwirtten materials.

Exclusionary  rights

1) Reproduction

2) Adaptation (or derivation)

3) Distribution

4) Performance

5) Display

6) Moral rights

Exclusionary right; the right to keep you from reproducing the work. For literary works, pretty straightforward (did you copy) are the copies very similar.

C,C,C- copyright clearance center- will go around and collect royalties for copyrwirtten materials.

Exclusionary right; Modification of an original work. You are as one of your rights, you are given the right to preclude others from making derivative works of your work

Exclusionary- I can prohibit a party from distributing my work. You’re walking down the street and leave a copy of something that you made a copy of . And if someone else comes and takes those and distributes them. This is still a violation of copyrights.

What is the first sale doctrine?

Which exclusionary right does it relate to?

Example?

- it means that the author can only prohibit distribution for the first instance of the first sale. She cannot prohibit the sale following the first distribution. So if you purchase a book legally and then give it to someone else.

It relates to distribution.

For music- you can give someone else a cd but you can’t make a copy of them.

An exclusionary right- the author has the right to prohibit the performance of their songs, plays etc. If you are covering someone else’s songs but did not pay a licensing fee, then you have violated copyright.

How does performance relate to to playing a cd in public?

Who monitors such activities?

How do they determine royalties?

If you play a cd in a public place that you own, without the rights to do so, then you have violated copyrights If you are doing it in any way that makes you or helps you make money, then you have violated copyright law. You can only play a cd that you buy for your own personal enjoyment.

ASCAP and BMI collect royalties on behalf of artists and then distribute them.

If a radio station broadcasts a song from a cd then they are performing the song and so the royalty association would go and collect money for the song to pay money for a song. They give people who have songs at the top of the billboard for the most money and then people who probably had a song played once or twice, they will get a nominal around $5 check because it’s not worth tracking.

Bars will sometimes be members of ASCAP BMI so they pay for the ability to perform the songs as a part of their business… this also occurs for cover bands. The bar will be liable for any covers that are played at the bar so they bar will have to pay its ASCAP or  BMI.

Exclusionary- this has to do with art in particular. If I am displaying a work, such as a sculpture. If I buy a sculpture and display it in the lobby of my building, that would be ok. But if I display it in a way that it is not intended to be displaying (like putting a webcam on the sculpture and broadcast it on the web) then it would be a violation of the author’s copyright

Moral Rights- What is it?

Are they common?

Exclusionary- - (we have these law but don’t really enforce these, but these are enforced more frequently in other countries)- they are weird in a lot of ways. They are only for the term of life of the artist. And they only apply to things where you can identify the author (not works made for hire). It applies to works of art in editions of 200 or less. If the editions were more than 200, then the right does not apply.

a) attribution- the artist has the right to have their name to be associated with the work.

b) integrity- they artist can prevent it from being altered in any ways

so in Canada an artist had an edition of one of a sculpture in a mall and the mall tried to add Christmas lights and the artist was able to  successfully win an action because the mall violated his right to integrity

Which exclusionary rights are inheritable?

Which are not?

The rights of 1) reproduction 2) adaptation 3) distribution 4) performance and 5) Display

MORAL RIGHTS are not inheritable

1) If  am in the business of selling music (I run a music store) I can play that work in my store and not have to pay for it.

2) The Droit de suite (only in California and it may not be consitutional)

typically once you have your first sale, that’s when you make your money and for subsequent sales, I am not entitled to make any money.

If you are a starving artist who sale a painting for $1000 and then the artist becomes famous and the painting becomes valued for $1 million dollars.  In California, the artist is allowed to recover up to 5% of a subsequent sale of the work  if the work is being sold  for an increased value over time. This exists in other countries and in Cali, but it could be unconstitutional.

. The copyright is always  going to start with the author of the work.

Who owns a copyright when there is more than one author?

How can this be determined?

How does this influence infringment payouts?

If you are dealing with more than one party- you are have joint authors (or a joint work). So if there are 3 authors for a book, then all 3 owners would be the owners of the copyright and they would share the copyright in equal shares unless there is a contract to the contrary. The contracts doe not have to be fair. It doesn’t matter how much someone contributed and the amount of effort that you put in will not necessarily be relevant to how much you own. The only thing that will determine the ownership, it will be determined by the law (equal shares) or the amount in a contract).

If you have an action for infringement, then the amount you would receive in damages is based on your percentage. So if you own 85% you would receive 85% of the damages.

Who owns works made for hire?

How is this determined?

Works made for hire- Ownership of works made for hire starts as part of the employer/employee . So when you have an employee who creates something, you basically get 100% of the rights to transfer to the employer.

These can also be created contractually, where in particular where the artist would create a specially commissioned work and in so doing, it would work exactly the same as a work made for hire and the commissioner would then own the copyright.

So in works made for hire, the party doing the hiring gets the copyright not the artist.

But if the artist makes a painting and then displays it in a gallery and you buy the painting the author still retains the copyright. But if I commission you to paint a picture of my cat, then I get the copyright

Specially commissioned works and who owns the copyright is governed by contract (so if you contract that the artist retains the copyright, they still could) but the default rule is typically that the artist will own the item in absence of a contract

1) Assignment

2) License

just as before with tms, if you have an assignment of a copyright, then you transfer the right to the assignee.

License

What is a compulsory license

a) exclusive- only one person gets the license

b) non-exclusive (compulsory) you can license it to multiple licensee

Compulsory license (if I pay fees to play your music in a bar, then I get license to play it)

if I pay fees to play your music in a bar, then I get license to play it)

What is the weird thing about assignments under the 1976 act?

What are the requirements to do this?

under assignment- in the 1976 act, it is possible to terminate and retransfer the rights back to the original artist.

To do this, it has to be at least 35 years after the transfer and during a window of five years after the 35 years. So years 36-41 after the transfer.

I have the ability after this time period to go back and say, too bad, I take it back, no matter how much you paid for the license.

Congress thought that certain works would become so valuable over time that it would be right to go back and get it to make more money off of it. So if I was a staring artist and wrote the terminator movie but sold my right for $5, after the 35th year (so the five year window starts within year 36-41 year after the transfer). Then if you want you could relicense it back for a huge some of money.

But you have to give notice, 2-10 years after the transfer has occurred.

When we are dealing with obtaining copyright rights and getting a copyright registration.

www.copyright.gov- tells you how to obtain a registration. You fill out a form and pay the correct fee, you get the copyright and you fill out the form correctly, you get the copyright.

What is the rule of doubt?

How are issues of originality  resolved?

if there is any doubt that you are the author, then the copyright office will resolve it in your favor  and take you at face value that you created the work.

This means that courts will resolve the issue of originally in litigation.

So if you get sued for copyright infringement, you will want to determine if the work is original to them meaning that they authorized the work and this will be resolved in court and not in front of the copyright office.