Law 633: Copyright
Thursday January 21, 2016
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January 20, 21:
Casebook, pages 49-109
17 USC §§ 101, 102
Statutory Drafting Exercise due Thursday January 21 at 8:00 pm
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The Congress shall have power ...
...To promote the Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries…
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Article 1, Section 8, Clause 8
The Congress shall have Power ...
...To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and
Inventors the exclusive Right to their respective
Writings and Discoveries...
-Article I, Section 8, clause 8
The Congress shall have Power ...
...To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and
Inventors the exclusive Right to their respective
Writings and Discoveries...
-Article I, Section 8, clause 8
“A copyist's bad eyesight or defective musculature, or
a shock caused by a clap of thunder, may yield sufficiently
distinguishable variations. Having hit upon such a
variation unintentionally, the "author" may adopt it as his
and copyright it.”
—Page 69
Alfred Bell & Co v. Catalda Fine Arts (2d Cir. 1951)
The Congress shall have power ...
...To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and
Inventors the exclusive Right to their respective
Writings and Discoveries...
•
Article 1, Section 8, Clause 8
shock absorber
Private Enterprise
A sculpture by Jessica Litman
Copyright © 2016, Jessica Litman
All rights reserved
Rural’s Telephone Directory
The Congress shall have Power ...
...To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and
Inventors the exclusive Right to their respective
Writings and Discoveries...
-Article I, Section 8, clause 8
Mannion’s photo
Coors “iced out” billboard & detail
§ 102. SUBJECT MATTER OF COPYRIGHT: IN GENERAL
(a) Copyright protection subsists, in accordance with this title, in original
works of authorship fixed in any tangible medium of expression, now known
or later developed, from which they can be perceived, reproduced, or
otherwise communicated, either directly or with the aid of a machine or
device. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
(b) In no case does copyright protection for an original work of
authorship extend to any idea, procedure, process, system, method of
operation, concept, principle, or discovery, regardless of the form in
which it is described, explained, illustrated, or embodied in such work.
§ 102. SUBJECT MATTER OF COPYRIGHT: IN GENERAL
....
(b) In no case does copyright protection for an
original work of authorship extend to any idea,
procedure, process, system, method of operation,
concept, principle, or discovery, regardless of the
form in which it is described, explained,
illustrated, or embodied in such work.
“If the complainant's testator had the exclusive right
to the use of the system explained in his book, it
would be difficult to contend that defendant does
not infringe it; but if it be assumed that the system
is open to public use, it seems equally difficult to
contend that the books made and sold by the
defendant are a violation of the copyright of
complainant's book..."
-- Baker v. Selden, p. 91
"It becomes important, therefore, to determine whether,
in obtaining the copyright of his books, he secured the
exclusive right to the system or method of book-keeping
which the said books are intended to illustrate and
explain. It is contended that he has secured exclusive
right, because noone can use the system without using
substantially the same ruled lines and headings which he
has appended to his books in illustration of it. In other
words, it is contended that the ruled lines and headings,
given to illustrate the system, are a part of the book, and,
as such, are secured by the copyright; and that no one can
make or use similar ruled lines and headings made and
arranged on substantially the same system, without
violating the copyright. And that really is the question to
be decided in this case. "
--Baker v. Selden, p. 92
"Stated in another form, the question is, whether
the exclusive property in a system of bookkeeping can be claimed, under the law of
copyright, by means of a book in which that
system is explained?”
-- Baker v. Selden, p. 92
§ 102. SUBJECT MATTER OF COPYRIGHT: IN GENERAL
(a) Copyright protection subsists, in accordance with this title, in original
works of authorship fixed in any tangible medium of expression, now known
or later developed, from which they can be perceived, reproduced, or
otherwise communicated, either directly or with the aid of a machine or
device. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
(b) In no case does copyright protection for an original work of
authorship extend to any idea, procedure, process, system, method of
operation, concept, principle, or discovery, regardless of the form in
which it is described, explained, illustrated, or embodied in such work.