Copyright, Fair Use and Digital Information

Professional Development Day February 15, 2005 David Dailey, PJTramdack

>Brief description of the session:


>What is copyright? -PJT begin history/ David fill in

From  Copyright Office’s circular entitled “Copyright Basics”

   A.  What works are protected?

   B.   What is copyright? -- what are the exclusive rights?

A. What is not protected by copyright (From  Copyright Office’s circular entitled “Copyright Basics” )

B. Section 105 (works of the US government)

C. Section 120 (photographs or remodelings of architectural works)

D. implied license (more later)

E. Section 107 Fair Use

>The concept of Fair Use

other limitations on copyright:

1. statutory definition: Explanation of “Original expression fixed in tangible medium”;

Feist, Database protection, compilations of facts, Bridgeman Art Library v Corel- David

2. common-sense

Implied license- web page in RAM etc.

footprints left by shoes. Tread is not merely functional -- aesthetic parts are by definition copyrighted. If shoe manufacturer and buyer (licensee) were to enter into a contract they would have to agree to allow licensee to make footprints as a part of any reasonable agreement; hence the license to do so is implied.

merger doctrine -- fish mannequins -- if there is only one way to say something then the function and form have become merged and the expression cannot be protected.


>Differences between trademark, patent and copyright

 Rock and Roll Hall of Fame in Cleveland.

Software -- process (Penrose tiling)

>Recent legislation: Digital Millennium Copyright Act; Sonny Bono Copyright Term Extension Act of 1998 (Mickey Mouse Protection Act); TEACH Act of 2002


>Other legal issues not covered: political developments within WIPO and developing nations, open source initiatives, copyleft, public domain initiatives, Gutenberg Project, licensing around copyright, copyright of student works, ownership of faculty work under APSCUF contract- David/ PJT


>Exercise- sample cases illustrating Fair Use analysis

Warner Brothers and Andrew Leicester sculpture.

Photos of statues on a building.

SRU rocks.

>Resources on copyright and Fair Use (handout)


>Summary- David/ PJT