Overview
This lecture introduces the key principles, statutory history, and basic requirements of U.S. copyright law, focusing on what is protected, how works gain protection, and various formalities.
Modern Statutory History of U.S. Copyright Law
- 1909 Act: Set initial copyright term of 28 years, renewable for 28 more, included strict formalities.
- 1971: Sound Recordings Act—granted reproduction rights to sound recordings due to piracy concerns.
- 1976 Act: Expanded coverage, term became life of author plus 50 years, preempted state law protections.
- 1980: Included computer programs as copyrightable works.
- 1988: Berne Convention Amendment aligned U.S. law with international standards.
- 1990: Architectural Works Copyright Protection Act covered building plans/drawings.
- 1992: Audio Home Recording Act addressed digital recording piracy for music.
- 1995: Digital Performance Right in Sound Recordings Act gave public digital performance rights.
- 1998: Sonny Bono Act extended terms by 20 years; DMCA prohibited breaking digital rights management.
Copyright Registration & Protection
- Copyright is a registration system (not examined for merit/quality).
- Protection arises at creation if requirements are met.
- Only protects against unauthorized copies; independent creation is not infringement.
- Copyright duration depends on work type and date.
Requirements for Copyright Protection
- Work must be original, fixed in a tangible medium, and sometimes meet certain formalities.
Originality
- Requires independent creation and a modicum (minimal amount) of creativity.
- Facts and historical research cannot be copyrighted; only original selection/arrangement of facts may.
- Cases: Miller v. Universal City Studios (facts in books vs. TV show); Feist v. Rural Telephone (telephone directories not original enough).
Fixation
- Work must be fixed in a tangible medium (can be perceived, reproduced, or communicated).
- Includes simultaneous recordings (e.g., live broadcasts being recorded).
- Transitory works (unrecorded performances) are not protected federally.
Formalities and Their Evolution
- Notice: Once mandatory, now optional post-1989, but still recommended.
- Registration: Not always required for protection but mandatory for U.S. suits and certain remedies.
- Deposit: Required for Library of Congress; failure may lead to sanctions.
- Recordation of transfer: Required to protect against subsequent buyers under older acts.
Subject Matter Protected
- Literary, musical, dramatic, pantomimes, choreography, pictorial, graphic, sculptural, motion pictures, sound recordings, architectural works.
- Compilations and derivative works also protected if there’s original selection or arrangement.
- Useful articles generally not protected except separable artistic features.
Key Terms & Definitions
- Originality — Work must be independently created and show minimal creativity.
- Fixation — Work must be embodied in a tangible medium for more than a transitory period.
- Modicum of Creativity — Even a low level of creativity suffices for protection.
- Formalities — Legal requirements (notice, registration, deposit) for perfecting protection.
- Pictorial, Graphic, Sculptural (PGS) Works — Artistic works, with exceptions for useful articles.
- Architectural Works — Building designs and plans; functional features excluded.
- Compilations — Collections of facts or works with original selection or arrangement.
Action Items / Next Steps
- Read Feist Publications v. Rural Telephone case in your textbook.
- Prepare for discussion on limitations of copyright protection and exclusive rights next class.