Copyright Law: Protection of Original Expression / Edition 1

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Table of Contents

Table of Cases
Ch. 1 Introduction - Copyright: The Intangible Interest in Tangible Expression 3
1.1 Copyright and "Intellectual Property" 3
1.2 The Intangible Interest and Social Good 4
1.3 Constitutional Compromise: The Copyright Act 5
1.4 The Copyright Act and Technological Change 14
1.5 Globalization and Harmonization 17
Ch. 2 Copyrightability: Fixation of Original Expression 19
2.1 The Subject Matter of Copyright - Originality 19
2.2 The Subject Matter of Copyright - Authorship 27
2.3 The Subject Matter of Copyright - Expression 48
2.4 The Subject Matter of Copyright - "Fixed" Works 141
Ch. 3 Copyrights: The Divisible, Exclusive Rights of a Copyright Owner 155
3.1 The Bundle of Separate Rights 155
3.2 The "Quasi Copyrights" of the DMCA 239
3.3 Copyright Ownership and Transfer 260
3.4 Duration of Copyright 324
Ch. 4 Infringement: Substantive Analysis 343
4.1 Actionable Copying: "Substantial Similarity" 343
4.2 Actionable Copying: Access 387
4.3 Non-Infringing Copying: Fair Use 398
Ch. 5 Infringement: Procedural Analysis 481
5.1 Subject Matter Jurisdiction 481
5.2 Sovereign Immunity 500
5.3 Federal Preemption of State Law Claims 506
5.4 Personal Jurisdiction, Venue, and Standing 544
5.5 The Defense of Copyright Misuse 548
Ch. 6 Remedies and the Ambit of Liability 551
6.1 Vicarious and Contributory Infringement 551
6.2 Remedies 570
6.3 Criminal Liability 591
Index 599
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