Overview
This lecture introduced the basics of U.S. copyright law, covering its statutory history, requirements for protection, key formalities, and the types of works protected.
Statutory History of U.S. Copyright Law
- The 1909 Act broadened copyright protection: 28-year term, renewable for 28 more, with strict formalities.
- The 1971 Sound Recording Act aimed to prevent record piracy, granting reproduction and limited adaptation rights.
- The 1976 Act extended copyright to life plus 50 years, preempted state law, and expanded coverage.
- The 1980 Amendment included computer programs for the first time.
- The 1988 Berne Convention Amendment aligned U.S. formalities with international standards.
- The 1990 Architectural Works Copyright Protection Act protected building plans and structures.
- The 1992 Audio Home Recording Act required copy control tech in digital recorders.
- The 1995 Digital Performance in Sound Recording Act granted digital performance rights for sound recordings.
- The 1998 Sonny Bono Copyright Term Extension Act added 20 years to copyright terms.
- The Digital Millennium Copyright Act (DMCA) protected digital works against anti-circumvention.
Requirements for Copyright Protection
- Copyright subsists in original works of authorship fixed in a tangible medium.
- Originality requires independent creation and a minimal (modicum) of creativity.
- Facts and historical research are not copyrightable, but original compilations can be protected.
- Fixation requires that the work be stable enough to be perceived for more than a moment.
Formalities: Notice, Registration, Deposit, and Recordation
- Notice was mandatory under the 1909 regime and optional after 1989 (Berne amendment).
- Registration is optional but required to sue for infringement; offers benefits like damages and attorney fees.
- Deposit of a copy with the Copyright Office is required and may have sanctions if omitted.
- Recordation of transfer is no longer a prerequisite for filing suit post-1989 but is still recommended.
Subject Matter Protected by Copyright
- Copyrightable works include literary, musical, dramatic, pantomimes, choreographic, pictorial, graphical, sculptural, motion pictures, audiovisual, sound recordings, and architectural works.
- Exceptions include designs of useful articles unless separable from utilitarian function.
- Buildings and building plans are protected, excluding functional elements.
- Dramatic, choreographic, and pantomime works are protected, but simple dance steps are not.
- Musical compositions and sound recordings are protected separately, each with distinct rights.
- Compulsory mechanical licenses allow others to record musical compositions.
Key Terms & Definitions
- Originality — Work must be independently created with minimal creativity.
- Fixation — Work must be embodied in a tangible medium for more than a transitory duration.
- Modicum of Creativity — A minimal level of creativity is sufficient for protection.
- Pictorial, Graphical, and Sculptural (PGS) Works — Artistic works, with exceptions for useful articles.
- Berne Convention — International agreement influencing U.S. copyright formalities.
- Mechanical License — License to create copies of musical works for a fee.
- Sound Recording — Fixation of a series of musical or spoken sounds, distinct from composition.
Action Items / Next Steps
- Read the Fierce Publications v. Rural Telephone case for modicum of creativity.
- Review textbook sections on subject matter and formalities of copyright.
- Prepare for discussion on limitations and rights in the next class.