Jody Blanke, ProfessorComputer Information Systems and Law

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IlaniIlani, Rachael and Melissa chip

in to buy a copy of Stephen King’s new novel, Joyland. They go to a copy center, and make two photocopies of the book. They draw straws to see who gets to keep the book and who gets stuck with the photocopy. The scheme works so well that they decide to do the same thing with their CyberLaw textbook.

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Copyright LawArticle I, Section 8 of the Constitution

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries

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Copyright Act of 1790Applied to books, maps and chartsTerm: 14 years (renewable for 14 years)

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Copyright Act of 1976Applies to literary works, musical works,

dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works

Term: life of the author plus 50 years

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Sonny Bono Copyright Term Extension Act of 1998Extended the term of copyright protection to

life of the author plus 70 yearsAdded 20 years of protection to existing

works still protected by copyrightEldred v. Ashcroft (2003)

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Federal Copyright InterestUpon fixation in a tangible

mediumNo requirement to fileOwner has right to

reproduce, sell, rent, lease, lend, perform, display, prepare derivative work

Subject to some limitations or exceptions“Fair use”

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Fair UseSection 107 of the Copyright Act

“[T]he fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—”

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Fair Use FactorsThe purpose of the use, e.g., nonprofit

educational reasonsThe nature of the copyrighted workThe amount and substantiality of the portion

used in relation to the wholeThe effect of the use upon the potential

market for or value of the work

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ZackZack buys a

copy of the game FIFA 13 for his computer. He burns a copy of the CD containing the game.

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Backup CopyCopyright law permits

one backup copy to be made for archival purposes (Section 117 of the Copyright Act)

Can you give your friend the “backup copy”?

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License AgreementWhen you “buy” a piece of software, you

actually purchase a license for its useTerms can vary greatly from one license to

anotherSome permit installation on more than one

machine

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MelanieMelanie's father videotapes the movie The Lion King

from a channel on public airwaves. Also, he borrows a friend's Beauty and the Beast videotape, and makes a copy of it on his dual cassette video recorder.

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Sony Betamax Case (1984)In 1982 several movie and television studios

sued Sony to prevent its manufacture and sale of the Betamax video tape recorder. The suit was for “contributory infringement.”

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Sony Betamax Case (1984)Mr. Rogers testified

for the defenseSupreme Court held

that “time-shifting” was a legitimate, non-infringing fair use

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Campbell v. Acuff-Rose Music (1994)

2 Live Crew recorded a satirical version of Roy Orbison’s “Oh, Pretty Woman”

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Campbell v. Acuff-Rose Music (1994)Supreme Court held that it was a fair useThe Court focused on the song’s

“transformative” characterthe parody was not a substitute for the

original

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Parody

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Parody

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Parody

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Parody

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Parody

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CharleneCharlene makes an audiocassette recording

of a radio broadcast of a Norah Jones album.

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Tough OneHarbinger of things to comeTransition from an analog to a digital world

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BruceBruce buys a copy of the The Paul Simon

Collection CD, and makes an audiocassette copy for his car and two CD copies, one for his upstairs CD player and one for his kitchen CD player.

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Audio Home Recording Act of 1992 (AHRA)Music industry successfully

lobbied against DATsperfect copies every time

Act provides quid pro quoindustry gets Serial Copy

Management System and blank tape royalty scheme

consumers get right to make analog or digital recordings for their private non-commercial use (immune from infringement)

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JaimeJaime downloads 23 Elliot Smith songs on her

computer in MP3 format. She burns them onto a CD to listen to on her portable CD player and in her car.

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Digital Technology in the 1990sMusic industry rocked by:

greater disk capacitycompression software (MP3 files)Internet

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RIAA v. Diamond Multimedia (1999)The RIAA alleged that the Rio

MP3 violated the AHRA of 1992

The suit was for “contributory infringement”

The court held that the Rio’s “space-shifting” was entirely consistent with the AHRA’s main purpose – the facilitation of personal use, and was a legitimate, non-infringing fair use

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A&M Records v. Napster (2001) Enjoined Napster from facilitating the

distribution of copyrighted worksRejected fair use defense

not “time-shifting” or “space-shifting”New peer-to-peer networks arise and take its

place, e.g., Kazaa, LimeWire, BitTorrent

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AdamAdam buys a copy of

the Django Unchained DVD. He makes an extra copy of it, keeps the copy for himself, and mails the original home to his father.

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Digital Millennium Copyright Act of 1998Criminal prohibition against circumventing

any technological measure that controls access to a copyrighted workDVDs contain such measuresome CDs now contain anti-copying code

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StacieFor Stacie's twelfth grade

project on "Multimedia Today," she collects a variety of text, art, photos, audio and video from CDs, DVDs and the Web, and compiles them onto a CD. She gets an A+ on the project.

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Stacie’s FutureCollege?

Prison?

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