Copyright and Cultural Institutions: Guidelines for Digitization
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Circular 1 Copyright Basics
CIRCULAR 1 Copyright Basics Copyright is a form of protection Copyright is a form of protection provided by the laws of the provided by U.S. law to authors of United States to the authors of “original works of authorship” that are fixed in a tangible form of expression. An original “original works of authorship” from work of authorship is a work that is independently created by the time the works are created in a a human author and possesses at least some minimal degree of creativity. A work is “fixed” when it is captured (either fixed form. This circular provides an by or under the authority of an author) in a sufficiently overview of basic facts about copyright permanent medium such that the work can be perceived, and copyright registration with the reproduced, or communicated for more than a short time. Copyright protection in the United States exists automatically U.S. Copyright Office. It covers from the moment the original work of authorship is fixed.1 • Works eligible for protection • Rights of copyright owners What Works Are Protected? • Who can claim copyright • Duration of copyright Examples of copyrightable works include • Literary works • Musical works, including any accompanying words • Dramatic works, including any accompanying music • Pantomimes and choreographic works • Pictorial, graphic, and sculptural works • Motion pictures and other audiovisual works • Sound recordings, which are works that result from the fixation of a series of musical, spoken, or other sounds • Architectural works These categories should be viewed broadly for the purpose of registering your work. For example, computer programs and certain “compilations” can be registered as “literary works”; maps and technical drawings can be registered as “pictorial, graphic, and sculptural works.” w copyright.gov note: Before 1978, federal copyright was generally secured by publishing a work with an appro- priate copyright notice. -
The Constitutional Law of Intellectual Property After Eldred V. Ashcroft
The Constitutional Law of Intellectual Property After Eldred v. Ashcroft By Pamela Samuelson* I. Introduction The past decade has witnessed an extraordinary blossoming of scholarship on the constitutional law of intellectual property,1 much of which focuses on copyright law.2 Had the Supreme Court ruled in favor of Eldred’s challenge to the constitutionality of the Copyright Term Extension Act,3 this body of scholarship would have undoubtedly proliferated with alacrity. Many scholars would have been eager to offer interpretations of implications of an Eldred-favorable decision for other intellectual property disputes.4 Given the Ashcroft-favorable outcome, some may expect the Eldred decision to “deconstitutionalize” intellectual property law and reduce to a trickle further scholarly * Chancellor’s Professor of Law and Information Management, University of California at Berkeley. Research support for this article was provided by NSF Grant No. SES 9979852. I wish to thank Eddan Katz for his exceptional research assistance with this article. 1 See, e.g., Dan L. Burk, Patenting Speech, 79 Tex. L. Rev. 99 (2000); Paul J. Heald and Suzanna Sherry, Implied Limits on the Legislative Power: The Intellectual Property Clause as an Absolute Constraint on Congress, 2000 U. Ill. L. Rev. 1119 (2000); Robert Patrick Merges and Glenn Harlan Reynolds, The Proper Scope of the Copyright and Patent Power, 37 J. Legis. 45 (2000); Mark A. Lemley, The Constitutionalization of Technology Law, 15 Berkeley Tech. L.J. 529 (2000); Malla Pollack, Unconstitutional Incontestability? The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. v. -
The Syntheist Movement and Creating God in the Internet Age
1 I Sing the Body Electric: The Syntheist Movement and Creating God in the Internet Age Melodi H. Dincer Senior Thesis Brown University Department of Religious Studies Adviser: Paul Nahme Second Reader: Daniel Vaca Providence, Rhode Island April 15, 20 2 Table of Contents Acknowledgments. 3 Introduction: Making the Internet Holy. .4 Chapter (1) A Technophilic Genealogy: Piracy and Syntheism as Cybernetic Offspring. .12 Chapter (2) The Atheist Theology of Syntheism . 49 Chapter (3) Enacted Syntheisms: An Ethics of Active Virtuality and Virtual Activity. 96 (In)Conclusions. 138 Works Cited. 144 3 Acknowledgments I would briefly like to thank anyone who has had a hand—actually, even the slightest brush of a finger in making this project materialize outside of the confines of my own brain matter. I would first like to thank Kerri Heffernan and my Royce Fellowship cohort for supporting my initial research on the Church of Kopimism. My time in Berlin and Stockholm on behalf of the Royce made an indelible mark on my entire academic career thus far, without which this thesis would definitely not be as out-of-the-box as it is proud to be. I would also like to thank a few professors in the Religious Studies department who, whether they were aware of it or not, encouraged my confidence in this area of study and shaped how I approached the religious communities this project concerns. Specifically, thank you to Prof. Denzey-Lewis, who taught my first religious studies course at Brown and graciously sponsored my Royce research amidst her own travels. Also, infinite thanks and blessings to Fannie Bialek, who so deftly modeled all that is good in this discipline, and all that is most noble in the often confusing, frustrating, and stressful task of teaching “hard” topics. -
Reform(Aliz)Ing Copyright
SPRIGMAN FINAL 12/17/2004 3:36 PM REFORM(ALIZ)ING COPYRIGHT Christopher Sprigman* INTRODUCTION...................................................................................................... 486 I. THE TRADITIONAL CONTOURS OF “CONDITIONAL” COPYRIGHT ....................... 491 A. Formalities in the Early Copyright Statutes ................................................ 491 B. From Conditional to Unconditional Copyright ........................................... 494 1. Voluntary registration and notice............................................................. 494 2. Renewal .................................................................................................... 498 II. FORMALITIES AND THE “TRADITIONAL CONTOURS” OF CONDITIONAL COPYRIGHT .............................................................................................................................. 500 A. Recording Ownership.................................................................................. 500 1. “Signaling” .............................................................................................. 501 2. Maximizing private incentives .................................................................. 501 B. Formalities as a Copyright “Filter”............................................................ 502 1. Registration and notice............................................................................. 502 2. Renewal .................................................................................................... 519 3. Effect -
Ordering of Scientific Publishing
WAIT FOR IT … COMMONS, COPYRIGHT AND THE PRIVATE (RE)ORDERING OF SCIENTIFIC PUBLISHING Jorge L. Contreras* Draft Mar. 4, 2012 * Visiting Associate Professor, American University Washington College of Law (permanent appointment beginning 2012-13); J.D. Harvard Law School; B.S.E.E., B.A. Rice University. The author would like to thank Jonathan Baker, Michael Carroll, Dan Cole, Mark Janis, Kimberly Kaphingst, Elinor Ostrom and David Snyder for their helpful comments, suggestions and discussion, as well as the participants in a Business Faculty Workshop at American University Washington College of Law and a Colloquium at Indiana University’s Workshop on Political Theory and Policy Analysis. An earlier draft of this paper was featured on Hearsay Culture hosted by David S. Levine, KZSU-FM - Stanford University (initial broadcast Feb. 17, 2012, available at www.hearsayculture.com). Working Draft – Please cite only with permission SCIENTIFIC PUBLISHING - CONTRERAS 2 TABLE OF CONTENTS INTRODUCTION I. THE MAKING OF A CRISIS A. The Traditional Model of Scientific Publishing B. The (New) Economics of Scientific Publishing 1. Cost 2. Revenue 3. The Journal Pricing Debate C. Leveraging Copyright 1. Why Copyright Matters 2. Author’s Assignment of Rights 3. Copyright Duration II. ADDRESSING THE CRISIS THROUGH COPYRIGHT REFORM A. Abolishing Academic Copyright? B. The Challenge of Tailoring Copyright Term 1. Effectiveness 2. Administrability 3. Political Economy III. RESPONSES IN THE SHADOW OF COPYRIGHT: THE OPEN ACCESS MOVEMENT A. Rise of the Open Access Movement B. Modes of Open Access Publication 1. Self-Archiving: The Green Route 2. Open Access Journals: The Gold Route 3. Voluntary Time-Delayed Open Access 4. -
You(Tube), Me, and Content ID: Paving the Way for Compulsory Synchronization Licensing on User-Generated Content Platforms Nicholas Thomas Delisa
Brooklyn Law Review Volume 81 | Issue 3 Article 8 2016 You(Tube), Me, and Content ID: Paving the Way for Compulsory Synchronization Licensing on User-Generated Content Platforms Nicholas Thomas DeLisa Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Part of the Intellectual Property Law Commons, and the Internet Law Commons Recommended Citation Nicholas T. DeLisa, You(Tube), Me, and Content ID: Paving the Way for Compulsory Synchronization Licensing on User-Generated Content Platforms, 81 Brook. L. Rev. (2016). Available at: https://brooklynworks.brooklaw.edu/blr/vol81/iss3/8 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. You(Tube), Me, and Content ID PAVING THE WAY FOR COMPULSORY SYNCHRONIZATION LICENSING ON USER- GENERATED CONTENT PLATFORMS INTRODUCTION Ever wonder about how the law regulates your cousin’s wedding video posted on her YouTube account? Most consumers do not ponder questions such as “Who owns the content in my video?” or “What is a fair use?” or “Did I obtain the proper permission to use Bruno Mars’s latest single as the backing track to my video?” These are important questions of law that are answered each day on YouTube1 by a system called Content ID.2 Content ID identifies uses of audio and visual works uploaded to YouTube3 and allows rights holders to collect advertising revenue on that content through the YouTube Partner Program.4 It is easy to see why Content ID was implemented—300 hours of video are uploaded to YouTube per minute.5 Over six billion hours of video are watched each month on YouTube (almost an hour for every person on earth),6 and it is unquestionably the most popular streaming video site on the Internet.7 Because of the staggering amount of content 1 See A Guide to YouTube Removals,ELECTRONIC fRONTIER fOUND., https://www.eff.org/issues/intellectual-property/guide-to-youtube-removals [http://perma.cc/ BF4Y-PW6E] (last visited June 6, 2016). -
The Next Great Copyright Act
THE NEXT GREAT COPYRIGHT ACT Twenty-Sixth Horace S. Manges Lecture by Maria A. Pallante1 I. INTRODUCTION Tonight my topic is the next great copyright act, but before I speak about the future, I would like to talk a little about the past, including the role of the Copyright Office in past revision activities. In my remarks, I will address the need for comprehensive review and revision of U.S. copyright law, identify the most significant issues, and suggest a framework by which Congress should weigh the public interest, which includes the interests of authors. I also will address the necessary evolution of the Copyright Office itself. Those of you who have been to our offices in Washington know that we have a conference room featuring portraits of the former Registers of Copyright dating back to 1897.2 When guests are seated at our table, the former Registers preside on high, wearing a variety of expressions and overseeing complex conversations about copyright law in the digital age. Sometimes I think they would be startled by the discussions we have, but then again it might all sound familiar. Solberg (1887-1933) Thorvald Solberg was the first and longest-serving Register of Copyrights. He seems inspired in his portrait, and for good reason. Solberg was a visionary leader, a champion of authors’ rights, and an early advocate for the United States’ adherence to the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”).3 Under his care, the Copyright Office grew from a handful of employees to more than a hundred professional staff, and took on the many assorted roles that are still critical to the mission of the Office today. -
Intellectual Property and the Rhetoric of Social Change
Case Western Reserve Law Review Volume 61 Issue 1 Article 10 2010 Comparative Tales of Origins and Access: Intellectual Property and the Rhetoric of Social Change Jessica Silbey Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Jessica Silbey, Comparative Tales of Origins and Access: Intellectual Property and the Rhetoric of Social Change, 61 Case W. Rsrv. L. Rev. 195 (2010) Available at: https://scholarlycommons.law.case.edu/caselrev/vol61/iss1/10 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 12/30/2010 8:34:29 PM COMPARATIVE TALES OF ORIGINS AND ACCESS: INTELLECTUAL PROPERTY AND THE RHETORIC OF SOCIAL CHANGE Jessica Silbey† ABSTRACT This Article argues that the open-source and antiexpansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well- known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent policy debates, this Article contrasts the language of traditional intellectual-property law (origins and exclusivity) with the new language of the Access Movements (antiorigins and † Associate Professor of Law, Suffolk University Law School. -
COPYRIGHT FORMALITIES in the INTERNET AGE: FILTERS of PROTECTION OR FACILITATORS of LICENSING Stef Van Gompel †
COPYRIGHT FORMALITIES IN THE INTERNET AGE: FILTERS OF PROTECTION OR FACILITATORS OF LICENSING Stef van Gompel † I. INTRODUCTION .......................................................................................... 1426 II. MAPPING THE OBJECTIVES ................................................................. 1430 A. HIERARCHY OF OBJECTIVES................................................................. 1430 B. LEGAL CERTAINTY THROUGH FACILITATION OF RIGHTS CLEARANCE AND ENLARGEMENT OF THE PUBLIC DOMAIN ........ 1431 III. THE DIFFERENT FLAVORS OF COPYRIGHT FORMALITIES ................................................................................................ 1435 A. TYPES OF FORMALITIES ......................................................................... 1435 B. VOLUNTARY VERSUS MANDATORY FORMALITIES .......................... 1437 C. LEGAL EFFECTS OF FORMALITIES ...................................................... 1438 IV. ENLARGING THE PUBLIC DOMAIN ................................................ 1440 A. MAKING COPYRIGHT CONDITIONAL ON MANDATORY FORMALITIES ........................................................................................... 1441 B. MANDATORY REGISTRATION AFTER LIFE-PLUS-FIFTY YEARS ........................................................................................................ 1444 C. ENCOURAGING THE VOLUNTARY ABANDONMENT OF COPYRIGHT .............................................................................................. 1445 V. FACILITATING THE CLEARANCE OF RIGHTS ......................... -
Resurrecting Copyright Formalities: No ‘Deadly’ Human Rights Implications
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ResearchArchive at Victoria University of Wellington BHUMIKA KHATRI RESURRECTING COPYRIGHT FORMALITIES: NO ‘DEADLY’ HUMAN RIGHTS IMPLICATIONS LLM RESEARCH PAPER LAWS 532: HUMAN RIGHTS AND INTELLECTUAL PROPERTY FACULTY OF LAW 2016 Resurrecting Copyright Formalities – No ‘Deadly’ Human Rights Implications II Table of Contents Abstract..............................................................................................................................III I Introduction..............................................................................................................1 II A Closer Look at Copyright Formalities...................................................................3 A Types of Formalities.....................................................................................3 B Functions of Copyright Formalities..............................................................5 III International Law on Copyright Formalities.............................................................7 A Berne Convention.........................................................................................7 B Other International Treaties..........................................................................8 IV Reintroducing Mandatory Copyright Formalities: An Analysis...............................8 A Legal Certainty.............................................................................................9 B Facilitation of Rights Clearance...................................................................9 -
Common-Law Copyright in the USA
www.rbs2.com/clc.pdf 16 Jul 2013 Page 1 of 29 Common-Law Copyright in the USA Copyright 2013 by Ronald B. Standler No copyright claimed for works of the U.S. Government. No copyright claimed for quotations from any source, except for selection of such quotations. Keywords common, common-law, conversation, copyright, first publication, fixed, general publication, interview, law, lecture, limited publication, music, performance, perpetual, recording, transfer Table of Contents Introduction . 2 Overview . 3 after 1 Jan 1978 . 4 History . 5 Law Before Copyright Act of 1976 . 5 A. right of first publication . 5 B. common-law copyright is perpetual . 9 C. transfer of common-law copyright . 9 D. “general publication” terminates common-law copyright . 10 “limited publication” does not terminate common-law copyright . 12 public performance is limited publication . 14 delivery of lecture or speech is limited publication . 15 E. no preemption by Copyright Act of 1909 . 17 Law After Copyright Act of 1976 . 17 preemption by Copyright Act of 1976 . 18 legislative history . 19 unfixed works . 21 California Statute . 22 Are Conversations or Interviews Copyrightable? . 23 Music Recorded Before 15 Feb 1972 . 24 www.rbs2.com/clc.pdf 16 Jul 2013 Page 2 of 29 sale of recordings does not extinguish common-law copyright . 24 pirated/bootleg recordings of music . 26 Conclusion . 28 Bibliography . 28 Introduction The subject of this essay is the murky and poorly articulated common-law copyright in the USA. Even amongst specialists in intellectual property law (i.e., patents, trademarks, copyright, trade secrets) few lawyers understand common-law copyright. Because lawyers who are arguing common-law copyright cases are not doing adequate legal research, these lawyers do not adequately explain common-law copyright to judges, which leads to confusing, conflicting, or erroneous judicial decisions. -
INTELLECTUAL PRIVILEGE: Copyright, Common Law, and The
INTELLECTUAL PRIVILEGE Copyright, Common Law, and the Common Good TOM W. BELL Arlington, Virginia Founders’ Copyright 2014 by Tom Bell. (See opposite for more information.) Second printing, April 2018 Printed in the United States of America Mercatus Center at George Mason University 3434 Washington Blvd., 4th Floor Arlington, VA 22201 www.mercatus.org 703-993-4930 Library of Congress Cataloging-in-Publication Data Bell, Tom W. Intellectual privilege : copyright, common law, and the common good / Tom W. Bell. pages cm ISBN 978-0-9892193-8-9 (pbk.) -- ISBN 978-0-9892193-9-6 (e-book (kindle)) 1. Copyright--United States. I. Title. KF2994.B45 2014 346.7304’82--dc23 2014005816 COPYRIGHT NOTE Not long ago, in “Five Reforms for Copyright” (chapter 7 of Copyright Unbalanced: From Incentive to Excess, published by the Mercatus Center at George Mason University in 2012), I suggested that the United States should return to the kind of copyright the Founders supported: the one they created in their 1790 Copyright Act. The Founders’ copyright had a term of only fourteen years with the option to renew for another fourteen. It conditioned copyright on the satisfaction of strict statutory formali- ties and covered only maps, charts, and books. The Founders’ copyright protected only against unauthorized reproductions and offered only com- paratively limited remedies. This book follows through on that policy advice. The Mercatus Center and I agreed to publish it under terms chosen to recreate the legal effect of the Founders’ 1790 Copyright Act. For example, the book’s copy- right will expire in 2042 (if not before), and you should feel free to make a movie or other derivative work at any time.