Advanced Copyright Concepts

Advanced Copyright Concepts

p.280-303

Durations 

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Before 1976, copyright’s duration was 56 years maximum After January 1, 1978, duration became life of author plus 70 years Joint works last until 70 years after the death of last surviving member Anonymous or pseudonymous works last sooner of 95 years from publication or 120 years from creation Works for hire are same as anonymous

Right of Termination  35

years after a transfer of exclusive rights, you can get your copyright back by giving a notice of termination to publisher –

Must be no later than 2 years before eligible transfer and no earlier than 10 years

 Works

for Hire: no termination rights bc there has been no transfer to terminate

Digital Performance of Masters, etc. Digital Performance Act: created a right for the artist and record companies to be paid 1) Extended the compulsory mechanical copyright license to include digital distribution of records 2) Makes sure the companies selling the transmissions have the right to use the songs (not masters) in exchange for a compulsory license fee.

Public Performance Right for Masters  Must

be a digital performance—ONLY on internet, satellite radio and satellite TV  Must be an audio-only sound recording that’s performed  Only paid for subscription transmissions

How people get paid through this  

Through a compulsory license If transmission falls within the public performance rights, even without compulsory license Compulsory license: broadcaster qualifies by acting like a radio station– cannot be interactive, cannot publish titles in advance, no transmissions to be copied by user—statutory license fee Voluntary license: if performance doesn’t fall within the statutory license, record companies can charge whatever they want. Record companies hold rights to make deal– and will keep all the money unless contract says otherwise

Digital Millennium Copyright Act (DMCA)  Made

changes to ratify the WIPO Copyright Treaty– make it illegal to sell black boxes that defeat the electronic “locks” protecting copyrighted material  Relieved someone providing space on server from being liable for copyright infringement  Provided a compulsory license for webcasting of masters

Webcasting and the DMCA  Webcasters

need a license to webcast masters  Another compulsory license that require record companies to license masters for webcasting for a fee set by Copyright Arbitration Royalty Panel  Allows websites to make ephemeral recordings —non-permanent recordings

“First Sale” Doctrine  The

owner of a lawfully made copy of a work can sell or otherwise dispose of the work without the authority of the copyright owner  Once owner sells a copy of something, he cannot control further distribution of that copy –

Record stores selling used CDs and garage sales

Rentals  The

“first sale” doctrine is basis for the video rental industry –

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Once a video has been sold to the dealer, he is free to sell it or rent it without any obligation to the company that owns copyright to original Same would be true for rental of records under “first sale” doctrine

Extension Clauses  The

1976 Act added 19 years to the 56 years that already existed to copyrights under the old Act. –

It also gave the author the right to take possession back –termination opportunity

Digital Samples 

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A sampler is a device capable of taking any guitar sound, drum sound, voice… and making a perfect digital copy. To legally use a sample, you must obtain licenses from the owner of master, and license from publisher for the song There is no legal obligation for these two entities to let you use the sample Replay: duplicating the track by playing it in the studio; eliminates need to license master but you must still license song

Sound Recording Copyrights  Law

only requires notices on “visibly perceptible copies”  Put copyrights on CDs because: – – –

Lyrics printed inside Album cover artwork Sound recording copyright

Myths and Penalties  Cannot

mail your song back to yourself and expect to have exclusive rights—must have registered with the Copyright Office to hold up in court  Penalties for not doing so: – – – –

Can’t collect on compulsory license royalties Can’t file infringement Lose legal presumption that you are the author No statutory damages

Benefits When someone steals your copyright: 1. You get fair market value 2. You can recover the infringer’s profits 3. You can get an injunction 4. You can recover statutory damages 5. The court can order destruction or seizure 6. You can cover court costs