Copyright in A Global Information EConomy 2004 Supplement


The 2004 Case and Statutory Supplement to Copyright in a Global Information Economy provides students with a comprehensive update containing the latest in Supreme Court and appellate court decisions, including coverage of: Eldred v. Ashcroft and Dastar v. Twentieth Century Fox; RIAA v. Verizon, dealing with peer-to-peer networking; circumvention of digital codes embedded in tangible consumer goods; Napster and Assessment Technologies opinions, about the copyright misuse doctrine; the Federal Copyright Act, ...
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The 2004 Case and Statutory Supplement to Copyright in a Global Information Economy provides students with a comprehensive update containing the latest in Supreme Court and appellate court decisions, including coverage of: Eldred v. Ashcroft and Dastar v. Twentieth Century Fox; RIAA v. Verizon, dealing with peer-to-peer networking; circumvention of digital codes embedded in tangible consumer goods; Napster and Assessment Technologies opinions, about the copyright misuse doctrine; the Federal Copyright Act, relevant material from Titles 18, 28, and 44 of the United States Code; a table of contents to Title 37 of the Code of Federal Regulations; the major international copyright treaties; and important European Union Directives.
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Product Details

  • ISBN-13: 9780735550872
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 8/28/2004
  • Edition description: 2004 Edition
  • Pages: 436

Table of Contents

I. United States Materials 1
A. United States Code, Title 17--Copyrights 3
Chapter 1. Subject Matter and Scope of Copyright 3
101. Definitions 4
102. Subject matter of copyright: In general 10
103. Subject matter of copyright: Compilations and derivative works 10
104. Subject matter of copyright: National origin 11
104A. Copyright in restored works 12
105. Subject matter of copyright: United States Government works 18
106. Exclusive rights in copyrighted works 18
106A. Rights of certain authors to attribution and integrity 18
107. Limitations on exclusive rights: Fair use 20
108. Limitations on exclusive rights: Reproduction by libraries and archives 20
109. Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord 23
110. Limitations on exclusive rights: Exemption of certain performances and displays 25
111. Limitations on exclusive rights: Secondary transmissions 30
112. Limitations on exclusive rights: Ephemeral recordings 39
113. Scope of exclusive rights in pictorial, graphic, and sculptural works 44
114. Scope of exclusive rights in sound recordings 45
115. Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords 62
116. Negotiated licenses for public performances by means of coin-operated phonorecord players 68
117. Limitations on exclusive rights: Computer programs 69
118. Scope of exclusive rights: Use of certain works in connection with noncommercial broadcasting 70
119. Limitations on exclusive rights: Secondary transmissions of superstations and network stations for private home viewing 72
120. Scope of exclusive rights in architectural works 84
121. Limitations on exclusive rights: Reproduction for blind or other people with disabilities 84
122. Limitations on exclusive rights: Secondary transmissions by satellite carriers within local markets 85
Chapter 2. Copyright Ownership and Transfer 89
201. Ownership of copyright 89
202. Ownership of copyright as distinct from ownership of material object 90
203. Termination of transfers and licenses granted by the author 90
204. Execution of transfers of copyright ownership 92
205. Recordation of transfers and other documents 93
Chapter 3. Duration of Copyright 93
301. Preemption with respect to other laws 94
302. Duration of copyright: Works created on or after January 1, 1978 95
303. Duration of copyright: Works created but not published or copyrighted before January 1, 1978 96
304. Duration of copyright: Subsisting copyrights 96
305. Duration of copyright: Terminal date 101
Chapter 4. Copyright Notice, Deposit, and Registration 101
401. Notice of copyright: Visually perceptible copies 101
402. Notice of copyright: Phonorecords of sound recordings 102
403. Notice of copyright: Publications incorporating United States Government works 103
404. Notice of copyright: Contributions to collective works 103
405. Notice of copyright: Omissions of notice on certain copies and phonorecords 103
406. Notice of copyright: Error in name or date on certain copies and phonorecords 104
407. Deposit of copies or phonorecords for Library of Congress 105
408. Copyright registration in general 107
409. Application for copyright registration 109
410. Registration of claim and issuance of certificate 109
411. Registration and infringement actions 110
412. Registration as prerequisite to certain remedies for infringement 110
Chapter 5. Copyright Infringement and Remedies 111
501. Infringement of copyright 111
502. Remedies for infringement: Injunctions 112
503. Remedies for infringement: Impounding and disposition of infringing articles 113
504. Remedies for infringement: Damages and profits 113
505. Remedies for infringement: Costs and attorney's fees 114
506. Criminal offenses 114
507. Limitations on actions 115
508. Notification of filing and determination of actions 115
509. Seizure and forfeiture 116
510. Remedies for alteration of programming by cable systems 116
511. Liability of States, instrumentalities of States, and State officials for infringement of copyright 117
512. Limitations on liability relating to material online 117
513. Determination of reasonable license fees for individual proprietors 126
Chapter 6. Manufacturing Requirements and Importation 128
601. Manufacture, importation, and public distribution of certain copies 128
602. Infringing importation of copies or phonorecords 130
603. Importation prohibitions: Enforcement and disposition of excluded articles 131
Chapter 7. Copyright Office 132
701. The Copyright Office: General responsibilities and organization 132
702. Copyright Office regulations 133
703. Effective date of actions in Copyright Office 133
704. Retention and disposition of articles deposited in Copyright Office 133
705. Copyright Office records: Preparation, maintenance, public inspection, and searching 134
706. Copies of Copyright Office records 135
707. Copyright Office forms and publications 135
708. Copyright Office fees 135
709. Delay in delivery caused by disruption of postal or other services 137
Chapter 8. Copyright Arbitration Royalty Panels 137
801. Copyright arbitration royalty panels: Establishment and purpose 138
802. Membership and proceedings of copyright arbitration royalty panels 140
803. Institution and conclusion of proceedings 142
Chapter 9. Protection of Semiconductor Chip Products 144
901. Definitions 145
902. Subject matter of protection 146
903. Ownership, transfer, licensing, and recordation 147
904. Duration of protection 147
905. Exclusive rights in mask works 148
906. Limitation on exclusive rights: Reverse engineering; first sale 148
907. Limitation on exclusive rights: Innocent infringement 148
908. Registration of claims of protection 149
909. Mask work notice 150
910. Enforcement of exclusive rights 151
911. Civil actions 152
912. Relation to other laws 153
913. Transitional provisions 154
914. International transitional provisions 154
Chapter 10. Digital Audio Recording Devices and Media 156
Subchapter A Definitions 156
1001. Definitions 156
Subchapter B Copying Controls 159
1002. Incorporation of copying controls 159
Subchapter C Royalty Payments 160
1003. Obligation to make royalty payments 160
1004. Royalty payments 160
1005. Deposit of royalty payments and deduction of expenses 162
1006. Entitlement to royalty payments 162
1007. Procedures for distributing royalty payments 163
Subchapter D Prohibition on Certain Infringement Actions, Remedies, and Arbitration 164
1008. Prohibition on certain infringement actions 164
1009. Civil remedies 164
1010. Arbitration of certain disputes 166
Chapter 11. Sound Recordings and Music Videos 167
1101. Unauthorized fixation and trafficking in sound recordings and music videos 168
Chapter 12. Copyright Protection and Management Systems 168
1201. Circumvention of copyright protection systems 168
1202. Integrity of copyright management information 178
1203. Civil remedies 180
1204. Criminal offenses and penalties 182
1205. Savings clause 182
Chapter 13. Protection of Original Designs 182
1301. Designs protected 183
1302. Designs not subject to protection 184
1303. Revisions, adaptations, and rearrangements 184
1304. Commencement of protection 184
1305. Term of protection 185
1306. Design notice 185
1307. Effect of omission of notice 185
1308. Exclusive rights 186
1309. Infringement 186
1310. Application for registration 187
1311. Benefit of earlier filing date in foreign country 189
1312. Oaths and acknowledgements 189
1313. Examination of application and issue or refusal of registration 190
1314. Certification of registration 191
1315. Publication of announcements and indexes 191
1316. Fees 191
1317. Regulations 191
1318. Copies of records 191
1319. Correction of errors in certificates 192
1320. Ownership and transfer 192
1321. Remedy for infringement 192
1322. Injunctions 193
1323. Recovery for infringement 193
1324. Power of court over registration 194
1325. Liability for action on registration fraudulently obtained 194
1326. Penalty for false marking 194
1327. Penalty for false representation 195
1328. Enforcement by Treasury and Postal Service 195
1329. Relation to design patent law 195
1330. Common law and other rights unaffected 196
1331. Administrator; Office of the Administrator 196
1332. No retroactive effect 196
B. United States Code, Title 18--Crimes and Criminal Procedure 197
2318. Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging 197
2319. Criminal infringement of a copyright 198
2319A. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances 199
C. United States Code, Title 28--Judiciary and Judicial Procedure 201
1338. Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition 201
1400. Patents and copyrights, mask works, and designs 201
1498. Patent and copyright cases 201
D. United States Code, Title 44--Public Printing and Documents 203
2117. Limitation on liability 203
E. Table of Contents of Code of Federal Regulations, Title 37--Patents, Trademarks, and Copyrights 205
II. International Materials 211
A. Berne Convention for the Protection of Literary and Artistic Works 213
B. General Agreement on Tariffs and Trade: Final Act Embodying the Results of the Uruguay Round of Trade Negotiations on Trade-Related Aspects of Intellectual Property Rights 245
C. WIPO Copyright Treaty 265
D. WIPO Performances and Phonograms Treaty 275
III. European Union Materials 287
A. Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs 289
B. Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases 297
C. Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society 311
IV. Case and Note Updates 329
Chapter 2. Copyright in Context: Past and Present 331
C. The Growing Role of International Treaties and Institutions 331
Chapter 3. Authors, Writings, and Progress 333
A. The Elements of Copyrightable Subject Matter 333
B. Who Is an Author? 334
Note on Model Codes 334
Note on the Freedom of Information Act (FOIA) and Copyright 336
Chapter 4. Acquiring, keeping, and Transferring Copyright 339
A. Formalities 339
B. Duration 340
Eldred v. Ashcroft 340
C. Renewals and Terminations of Transfers 356
D. Mechanics of Transfers 356
Random House v. Rosetta Books, LLC 357
Chapter 5. Protected Works and Boundary Problems 365
A. Useful Articles with Pictorial, Graphic, or Sculptural Aspects 365
B. Computer Software 366
C. Architectural Works 366
E. Databases 367
Chapter 6. The Statutory Rights of Copyright Owners 369
A. The Elements of Infringement 369
B. The Reproduction Right, Part I: The Exact Copy 370
D. The Reproduction Right, Part II: The "Substantially Similar" Copy 370
E. The Right to Prepare Derivative Works 371
F. Moral Rights: The American Version 372
Dastar Corporation v. Twentieth Century Fox Film Corporation 374
G. The Public Performance and Public Display Rights 378
Note on Distance Education Issues 378
H. Copyright and Collective Rights Organizations: The Case of the Music Industry 381
Bridgeport Music, Inc. v. Dimension Films LLC 381
Note on the Small Webcaster Settlement Act of 2002 384
I. The Different Faces of Infringement 387
Note on Napster, Peer-to-Peer Technology and Indirect Infringement Liability 388
Note on Identifying the Direct Infringer 392
Chapter 7. Another Limitation on Copyright: Fair Use 395
B. The Different Faces of Fair Use 395
Chapter 8. Technological Protections 397
B. The Digital Millennium Copyright Act and Circumvention of Technological Protections 397
Note on Digital Television and the Broadcast Flag 402
Chapter 9. State Law Theories of Protection, and Their Limits 407
B. Express Preemption Under the 1976 Act 407
Video Pipeline, Inc. v. Buena Vista Home Entertainment, Inc. 407
C. The Right of Publicity 410
E. Contract 410
F. The Misuse Alternative 412
In re Napster, Inc. Copyright Litigation 413
Assessment Technologies of WI v. WIREdata, Inc. 421
Chapter 10. The Copyright Infringement Lawsuit 429
A. Proper Court 429
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