The UCLA Online Institute for Cyberspace Law and Policy
Basic Principles of U.S. Copyright Law
A. In
General
1. Protection arises when work is
original & fixed in a tangible medium of expression.
2. Copyright law protects
expression, not ideas.
B. Five Exclusive Rights of Copyright Owner (17
U.S.C. §106)
1. Reproduction Right
2. Modification Right (aka
Derivative Works Right)
3.
Distribution Right
4. Public Performance Right
5. Public Display Right
C. Term of Copyright Protection - Basic Rule: On or After 1/1/78 - Life of Author Plus 70 Years. Rules specifying a longer term may apply in particular instances (e.g. works for hire, anonymous works).
D. Contributory Copyright Infringement - Liability may be imposed on a defendant who "with knowledge of the infringing activity, induces, causes, or materially contributes to the infringing conduct of another."
1. Plaintiff must establish copyright infringement by the primary infringer. Lewis Galoob.
2. Plaintiff must also establish the circumstances and/or relationship that would give rise to the
liability of a third party. Sony v. Universal.
3. In the past, acts of contributory infringement have generally fallen into one of two categories:
(a) Personal conduct that contributes to and thus furthers direct infringement, or
(b) Contribution of a 'machine or good' which provides a means to infringe.
E. Vicarious Copyright Infringement - Even in the absence of an employment relationship, a defendant may incur liability for vicarious copyright infringement if s/he "has the right and ability to supervise the infringing activity and also has a direct financial interest in such activities." Fonovisa.
F. Licenses - Permission to reproduce, distribute, perform, or otherwise use the work
1. Can be
either express or implied.
2. When a License is Not Necessary
a. If the use falls within a recognized exception to the 5 exclusive
rights (e.g. - Special
Rules for Libraries &
Archives (17 U.S.C. §108); 1st Sale Doctrine (17 U.S.C. §109))
b. If the work is in the
public domain
c.
If the material is factual or just an idea
d.
If the use is a fair use...
G. Fair
Use: Four-Factor Analysis under 17 U.S.C. §107
1. Purpose & Character of the
Use (including whether such use is of a commercial nature or for
nonprofit educational purposes)
2.
Nature of the Copyrighted Work
3.
Amount & Substantiality of the Portion Used in Relation to the Copyrighted
Work as a Whole
4.
Effect of the Use upon the Potential Market for or Value of the Copyrighted
Work
H. Additional Rights (Attribution, Integrity,
& Publicity) - Recognized
under Other Areas of the Law
I.
Criminal Copyright Infringement under the 'No Electronic Theft' Act
1. Misdemeanor - Reproduction or distribution of 1 or more copies of 1 or more copyrighted
works which have a total retail value of more than $1,000.
2. Felony - Reproduction or distribution of 10 or more copies of 1 or more copyrighted works
which have a total retail value of $2,500.
3. The 'NET' Act exempts from criminal prosecution reproduction or distribution that is not done
"willfully" or that constitutes small-scale non-commercial copying.
4. "Willfully" - (1) voluntarily, (2) with knowledge that it was prohibited by law, and (3) with the
purpose of violating the law, and not by mistake, accident or in good faith.
J. Digital Millennium Copyright Act (DMCA) - Additional Restrictive Rules for the Online World
1. §1201- Makes it a crime for Netizens to circumvent copy protection devices.
2. §512 - To qualify for the DMCA's "safe harbor" protection from liability, "online service
providers" must take down material if notified that it appears to be infringing.
3. Unlawful Linking: Emerging Principles under the DMCA
a. §512 suggests that OSP's may be liable if they knowingly link to infringing material.
b. Linking to another site may constitute "offer[ing] to the public" or "provid[ing] or
otherwise traffic[king]" within the meaning of §1201(a)(2). Universal v. Reimerdes.
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sb: 10Feb.2001