Fair Use and Digital Information
Development Day February 15, 2005 David Dailey, PJTramdack
description of the session:
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
concept of Fair Use
1. statutory definition: Explanation of “Original
expression fixed in tangible medium”;
Feist, Database protection, compilations of facts, Bridgeman Art Library v Corel- David
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.
between trademark, patent and copyright
Rock and Roll Hall of Fame in Cleveland.
-- process (Penrose tiling)
legislation: Digital Millennium Copyright Act; Sonny Bono Copyright Term
Extension Act of 1998 (Mickey Mouse Protection Act); TEACH Act of 2002
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
sample cases illustrating Fair Use analysis
Warner Brothers and Andrew Leicester sculpture.
Photos of statues on a building.
on copyright and Fair Use (handout)