Copyright Law may seem shrouded in mystery: how can you create, transfer, and protect property interests in something intangible? This lesson provides an overview of how it is done, focusing on copyright protection for music. This focus takes advantage of the multimedia capacity of the program; for example, you can listen to two musical works to determine whether one infringes the other, and you can listen to the parody version of "Pretty Woman" that figured in a decision of the United States Supreme Court. Students familiar with copyright law will find many resources beyond those they studied in class. Hypertext links take you to cases and statutes, and addresses are provided for web sites where you can obtain additional information.
This lesson is an introduction to the principles governing copyright infringement. After completing this lesson, you will be familiar with the standard used to determine liability for copyright infringement. Specifically, the lesson will introduce the elements necessary to support a claim of copyright infringement, which include assessments of copying, access, probative resemblance, striking similarity, improper appropriation, and substantial similarity.
This lesson explores the protection of architectural works (building designs) both under the 1976 Copyright Act and after adoption of the Architectural Works Copyright Protection Act of 1990. It assumes familiarity with the rules applicable to useful articles, the idea-expression dichotomy, and basic copyright infringement analysis, including its application to selection and arrangement compilations. It can be used either as a stand-alone treatment or to supplement in-class discussion when constrained by time.
45 minutes plus essay (20 minutes)
This lesson addresses the protection afforded to compilations (including collective works) under United States copyright law. It deals with the issues of what constitutes sufficient originality (including special focus on factual compilations) and the extent and ownership of the resulting copyright (in particular, as regards collective works). It assumes a general understanding of the originality requirement and basic copyright infringement analysis. The lesson can be used either as supplemental, more detailed coverage when class time permits only passing treatment of the topic or as a followup to in-class discussion to confirm and reinforce understanding.
1 to 1.5 hours
This lesson examines the two types of secondary liability in copyright law -- contributory infringement and vicarious liability. Before attempting this lesson, students should be familiar with the exclusive rights that belong to a copyright owner, and should understand the concept of direct infringement. Note: This lesson was written while the Supreme Court was still considering MGM Studios, Inc. v. Grokster, Ltd., cert. granted, 125 S. Ct. 686 (2004), the outcome of which may alter the standard for contributory infringement.
30 minutes plus 15-minute essay
This lesson will introduce you to the GNU/Linux operating system and its interaction with Copyright Law.
You can complete this lesson without any exposure to the law of copyrights, but the other CALI lessons on copyright will explore basic copyright concepts. This lesson will be helpful to students studying concepts of ownership in the copyright context. After this lesson and the model answers to the essay questions, you will understand the interaction between current copyright and licensing law and the open source movement's freedom.
This lesson deals with copyright duration, an arcane, technical and somewhat laborious subject that is not always covered in depth in copyright law or intellectual property law courses. Therefore, it is assumed that this is the student's initial exposure to the subject matter. Nevertheless, copyright duration is one of the few areas of copyright law that is filled with certitude. After divining the relevant background information concerning the creation of a work, including manner of authorship responsible for creating the work, the specific date on which copyright protection for a work has or will end can be determined. Only copyright duration under United States copyright law is addressed.
This lesson covers some of the basic formalities of copyright: notice, registration, and deposit. Attention is given to changes wrought by the 1976 Act and the Berne Convention Implementation Act.
This lesson introduces the user to the copyright issues that pertain to sound recordings. The lesson illustrates the difference between sound recordings and other works, the nature of the exclusive rights granted to the owners of sound recording copyrights, some of the problems resulting from the interaction of sound recording copyrights with other copyrights, and key limitations on sound recording copyrights. Users should have knowledge of basic copyright principles before using this program.
This lesson explores the application of the fair use doctrine, a defense to copyright infringement, in the special context of parody, based on the guidance provided by the Supreme Court in Campbell v. Acuff Rose Music, 510 U.S. 569 (1994). The lesson builds on the foundation established in CALI Lesson CPY08, Fundamentals of Fair Use, using a series of hypotheticals and a final essay.
30 minutes plus 15-minute essay
This lesson discusses the requirement that a work be "fixed in a tangible medium of expression" as a condition to obtaining copyright protection. Although it assumes a basic familiarity with copyright law and terminology, it is designed to stand alone. It can, therefore, be used either as an introduction to the fixation requirement or as a review of those concepts after a class discussion.
NOTE: This lesson is intended as an overview of this topic; it does not cover all the details related to live performances or the recently decided cases declaring unconstitutional sec. 1101.
45 minutes, plus 3 essays (approx. 15 minutes each)
Because copyright creates ownership rights in original expression, the private property interests of copyright owners sometimes come into conflict with the public's interest in disseminating knowledge, expressing ideas, or simply enjoying, sharing, and building upon the protected expression. This lesson introduces the basic concept of fair use in copyright law, and offers numerous examples to test the student's ability to apply the balancing test of 17 U.S.C. § 107.
This lesson explores the concept of a "joint work" in copyright law, including the legal standards which determine whether a work has been jointly authored as well as the legal consequences that attach to this characterization.
35 minutes plus 20 minute essay
This lesson follows the Distribution Right lesson, CPY16. This lesson can best be characterized as the Limitation on the Distribution Right. Colloquially referred to as the First Sale Doctrine, 17 U.S.C. section 109 provides that the copyright owner's exclusive right of distribution and consent to that distribution effects the transfer of the rights in that copy or phonorecord, so long as the the transfer was of a lawful copy or phonorecord embodying the copyrighted work.
This lesson will explore the rationale for the First Sale Doctrine, the elements that must be proved in order to use the Doctrine as a defense against a claim of infringement, and the limitations that are placed on the application of the defense. Two of the limitations on the application of the defense include recognition of copyright in restored works and the prohibition against the rental of a particular sound recording phonorecord or a particular copy of a computer program. The goal of this lesson is to provide a general introduction to the First Sale Doctrine as a defense to an alleged violation of the the exclusive right of distribution as opposed to any other violation of the copyright owner's exclusive rights.
This lesson reviews the threshold principles of ownership by analyzing the "works made for hire" doctrine codified in the Copyright Act of 1976. In addition to an analysis of the current Copyright Act, this lesson will review the rules and doctrine of "works made for hire" under the Copyright Act of 1909. The review of both Acts is crucial to a proper determination of copyright ownership for original works of authorship created before January 1, 1978 and for those copyrighted works created on or after January 1, 1978. Depending on the date of creation, a court will be required to analyze differing rules of law to resolve the issue of copyright ownership. The purpose of this lesson is to augment the readings and study you have already done with your professor.
Again, as this lesson is meant as a review of materials you have covered in your class with your professor, you should become familiar with the 1909 Copyright Act and the 1976 Copyright Act as amended by the Berne Convention. In particular, you should have some knowledge of the interest and expense test for determining a "work made for hire" under the 1909 Act and the Reid multifactor test for determining a "work made for hire" under the 1976 Act.
If you do not have this background, do the lesson anyway to acquaint yourself with the rules and doctrine of "works made for hire" but do not concentrate on scoring. After your initial exposure to the material, revisit the lesson at some later point to confirm your understanding of the "work made for hire" doctrine.
This lesson explores a copyright holder's right to control the performance and display of the related work of authorship. The lesson provides a broad overview of the rights with the exception of sound recordings, which are the subject of CALI lesson "Copyrights in Sound Recordings, CPY14." It can be used (1) as stand alone coverage of the topic, or (2) to expand or reinforce in-class discussion. The lesson requires only general familiarity with copyright law principles, in particular (1) the distinction between a work of authorship and copies of that work, and (2) basic infringement analysis.
Performance section - 1 hour plus essay; Display section 30 additional minutes, 1 hour stand alone with references back
This lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes. Statutes are a critical part of every substantive area of the law, so this is important background for every law student, lawyer and judge.
This lesson examines the scope of one of the exclusive rights belonging to a copyright owner -- the right to create derivative works based on the copyrighted work, under 17 U.S.C. § 106(2).
20 minutes plus 10-minute essay
This lesson provides an introduction to one of the Copyright Act's section 106 exclusive rights, the distribution right. As you will glean from the lesson, the distribution right covers the copyright owner's exclusive right to distribute copies or phonorecords of copyrighted works by means of sale, transfer of ownership, or by rental. In addition, the distribution right creates a statutory right called the right of first publication. This lesson is intended as an introduction to the distribution right; its approach is to review the statutory basis for the distribution right and to review the basis for the right of first publication. This lesson is useful as both an introduction to the exclusive right of distribution, as well as a review.
This lesson deals with the "useful article" limitation on protection of pictorial, graphic and sculptural works under copyright law. It assumes a general understanding of the policy objectives of intellectual property law, works of authorship, the test for determining if a work of authorship is protectable and the basic rights afforded. The lesson can be used either as an introduction to the exclusion or to supplement or reinforce in-class coverage.
1 hour, including essay (approx. 15 minutes)
Prof. Lind teaches Copyright, Trademark, Entertainment Law, Mass Media law, and Museum and Art Law at Southwestern. He is also the author of several CALI lessons on copyright and trademark law. In this podcast, he explains the confusion that arises from the use of the term "song." Prof. Lind also discusses the terms "author" and "sound recording" and their implications for protection under the U.S. Copyright Act. In this podcast Prof. Lind analyzes several performances (a vocalist and comedy improv troupe) and discusses whether their performances are protected by Copyright Law and the role of the Bootlegging statutes.Download: