A. Before Feist
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Reflections on the 25Th Anniversary of Feist Publications, Inc. V. Rural Telephone Service Co
Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 2017 Reach Out and Touch Someone: Reflections on the 25th Anniversary of Feist Publications, Inc. v. Rural Telephone Service Co. Tyler T. Ochoa Santa Clara University School of Law, [email protected] Craig Joyce University of Houston Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.scu.edu/facpubs Part of the Intellectual Property Law Commons Automated Citation Tyler T. Ochoa and Craig Joyce, Reach Out and Touch Someone: Reflections on the 25th Anniversary of Feist Publications, Inc. v. Rural Telephone Service Co. , 54 HOUS. L. REV. 257 (2017), Available at: https://digitalcommons.law.scu.edu/facpubs/961 This Article is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected], [email protected]. Do Not Delete 11/22/2016 5:54 PM HISTORICAL ESSAY REACH OUT AND TOUCH SOMEONE: REFLECTIONS ON THE 25TH ANNIVERSARY OF FEIST PUBLICATIONS, INC. V. RURAL TELEPHONE SERVICE CO. **Craig Joyce & Tyler T. Ochoa*** ABSTRACT 2016 marks the 25th anniversary of the Supreme Court’s opinion in Feist Publications, Inc. v. Rural Telephone Service Co., one of the Court’s landmark opinions in copyright law, and one that continues to define the standard of originality for copyrighted works in general and compilations of data in particular. The Feist case, however, was an unlikely candidate for landmark status. -
Copyright 2013 Shawn Patrick Gilmore
Copyright 2013 Shawn Patrick Gilmore THE INVENTION OF THE GRAPHIC NOVEL: UNDERGROUND COMIX AND CORPORATE AESTHETICS BY SHAWN PATRICK GILMORE DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in English in the Graduate College of the University of Illinois at Urbana-Champaign, 2013 Urbana, Illinois Doctoral Committee: Professor Michael Rothberg, Chair Professor Cary Nelson Associate Professor James Hansen Associate Professor Stephanie Foote ii Abstract This dissertation explores what I term the invention of the graphic novel, or more specifically, the process by which stories told in comics (or graphic narratives) form became longer, more complex, concerned with deeper themes and symbolism, and formally more coherent, ultimately requiring a new publication format, which came to be known as the graphic novel. This format was invented in fits and starts throughout the twentieth century, and I argue throughout this dissertation that only by examining the nuances of the publishing history of twentieth-century comics can we fully understand the process by which the graphic novel emerged. In particular, I show that previous studies of the history of comics tend to focus on one of two broad genealogies: 1) corporate, commercially-oriented, typically superhero-focused comic books, produced by teams of artists; 2) individually-produced, counter-cultural, typically autobiographical underground comix and their subsequent progeny. In this dissertation, I bring these two genealogies together, demonstrating that we can only truly understand the evolution of comics toward the graphic novel format by considering the movement of artists between these two camps and the works that they produced along the way. -
Feist Publications V. Rural Telephone Service Company "Altruism Expressed in Copyright Law" Sherrie Callis
Golden Gate University Law Review Volume 22 Article 13 Issue 2 Notes and Comments January 1992 Copyright Protection in Factual Compilations: Feist Publications v. Rural Telephone Service Company "Altruism Expressed in Copyright Law" Sherrie Callis Follow this and additional works at: http://digitalcommons.law.ggu.edu/ggulrev Part of the Intellectual Property Law Commons Recommended Citation Sherrie Callis, Copyright Protection in Factual Compilations: Feist Publications v. Rural Telephone Service Company "Altruism Expressed in Copyright Law", 22 Golden Gate U. L. Rev. (1992). http://digitalcommons.law.ggu.edu/ggulrev/vol22/iss2/13 This Note is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Golden Gate University Law Review by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Callis: Copyright Protection COPYRIGHT PROTECTION IN FACTUAL COMPILATIONS: FEIST PUBLICATIONS v. RURAL TELEPHONE SERVICE COMPANY "ALTRUISM EXPRESSED IN COPYRIGHT LAW" INTRODUCTION The Constitution grants Congress the power to create copy right laws.1 This grant contains inherent tensions between protecting the author's fruits of labor and providing the pub lic with access to copyrighted works.2 Copyright law reflects these tensions. Until recently two competing theories about what copyright protection is available to factual compilations split the circuit courts of appeal. The Copyright Act defines a compilation as "a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship."3 Fact-based compilations involve factual preexisting materials or data.· The two theories which split the circuit courts of appeal over copyright protection available to fact-based compila tions are the "sweat of the brow" theory, previously followed In three circuits,6 and the "selection, arrangement, or 1. -
The Challenges of Copyright in the EU
Briefing June 2015 The challenges of copyright in the EU SUMMARY Despite over a century of international harmonisation, copyright law remains essentially national law, even though some fundamental copyright norms are gradually converging. Today, copyright is regulated at international level mainly through the Bern Convention, the Universal Copyright Convention, and a series of other treaties administered by the World Intellectual Property Organization. At present, national copyright laws are grounded in a handful of universal rules and principles. Exclusive rights are granted to creators for 'original' works which range from art (music, paintings) to information products (maps, databases). The rights conceded under copyright vary with national laws and legal traditions (civil law in continental Europe and common law in Anglo-American countries). However, as a minimum, exclusive rights encompass the rights to reproduce, distribute, rent, lend, or communicate a work to the public. All these rights can be transferred and/or collectively managed by specialist intermediaries (notably for music works). Most national laws also grant moral rights to protect the author's name and reputation. Other provisions – such as the term of copyright protection – differ widely on a global scale. To maintain a fair balance between the interests of users and rights-holders, legislators have foreseen a number of exceptions, allowing for limited free use of certain works. The main European Union instrument providing a legal framework for copyright is the 2001 Copyright Directive. In May 2015, the European Commission unveiled its plans to create a Digital Single Market, aiming in this respect to present legislative proposals reducing the differences between national copyright regimes and allowing for wider online access, including through further harmonisation measures. -
Resisting "Sweat" and Refusing Feist: Rethinking Originality After CCH
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2007 Resisting "Sweat" and Refusing Feist: Rethinking Originality After CCH Carys J. Craig Osgoode Hall Law School of York University, [email protected] Source Publication: UBC Law Review. Volume 40, Number 1 (2007), p. 69-120. Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Craig, Carys J. "Resisting "Sweat" and Refusing Feist: Rethinking Originality After CCH." UBC Law Review 40.1 (2007): 69-120. This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. RESISTING "SWEAT" AND REFUSING FEIST: RETHINKING ORIGINALITY AFTER CCH CARYS J. CRAIGt I. INTRODUCTION A. THE ORIGINALITY DOCTRINE IN COPYRIGHT LAW Copyright law offers protection for original works of artistic, literary, dramatic, or musical expression.1 Originality is "the foundation stone of copyright"2 and the defining characteristic of copyrightable expression. Like many aspects of intellectual property law, it is easy to state the basic need for originality, but it is far harder to ascertain what this means. How should originality be understood? It is trite to say that absolute originality is impossible: We are always already part of that which surrounds us and preceded us. Even in our so-called "creativity", we all stand on the proverbial shoulders of giants. -
Tuesday, 16 July 2013
Frnchng the copynght baFiance: ongrnahty, authonsaUon and far deahng vi Canathan and New Zeaand aw Anna Kingsbury, Senior Lecturer in Law, University of Waikato Introduction infringed when a single copy of a reported decision, case Copyright law is based on a balance between the need to summary, statute, regulation or a limited selection of text provide incentives and rewards to authors on the one hand, from a treatise is made by the Great Library staff or one of and the need to ensure new creators have adequate access to its patrons on a self-service photocopier for the purpose of existing works on the other. Recent years have seen a trend research.3 in copyright law toward extending rights for rights holders The Supreme Court of Canada's decision was delivered at the expense of users and the public domain. This trend by Chief Justice McLachlin. The Court decided the case in has continued' despite extensive critique from favour of the Law Society. In so doing, it took an approach commentators internationally. At a normative level, debate to copyright law generally, and to specific provisions of continues over how copyright provisions should be Canada's Copyright Act, that is of considerable relevance to interpreted in order to preserve the copyright balance, and interpretation of the New Zealand Copyright Act. This in order to facilitate access to copyright works, particularly article reviews this approach, and compares it to existing access for new creators. New Zealand judicial approaches to these issues. It argues A recent case from the Supreme Court of Canada that the Supreme Court of Canada's approach is robust and contributes to these debates. -
Possible Futures of Fair Use
POSSIBLE FUTURES OF FAIR USE Pamela Samuelson • Abstract: This Article celebrates the twenty-one-year majority status of Campbell v. Acuff-Rose Music, Inc. Campbell has unquestionably had transformative impacts on the doctrine of fair use in U.S. copyright case law, making several significant contributions that go well beyond the Court's endorsement of the "transformative" nature of a use as tipping in favor of fairness. Several notable cases have built upon the analytical foundation established in Campbell. This Article also considers possible futures of fair use. What will fair use look like twenty-one years from now? Will it stay much as it is right now, or will it change, and if so, how? Some critics think that fair use has gone too far and are urging a return to a more restrictive scope for the doctrine. This Article considers and responds to various critiques of the present state of fair use law, including whether fair use is consistent with international treaty obligations. This Article concludes that fair use will survive these critiques and will continue to evolve to provide a useful mechanism for balancing the interests of authors and other rights holders, on the one hand, and subsequent authors and other users of copyrighted works, on the other hand. It discusses some new horizons that commentators have imagined for fair use to address certain problems that beset copyright law today. Of the possible futures of fair use, that which would preserve the status quo and expand fair use into new horizons is the one most likely to occur and most to be desired. -
1 in the UNITED STATES DISTRICT COURT for the EASTERN DISTRICT of PENNSYLVANIA WARREN PUBLISHING COMPANY and : JAMES WARREN
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WARREN PUBLISHING COMPANY and : JAMES WARREN, : Plaintiffs, : CIVIL ACTION : v. : : No. 08-3399 J. DAVID SPURLOCK d/b/a : VANGUARD PRODUCTIONS, : Defendant. : MEMORANDUM RE: DEFENDANT’S MOTION FOR ATTORNEY FEES Baylson, J. March 3, 2010 I. Introduction Plaintiffs James Warren and the Warren Publishing Company, of which James Warren is president and sole shareholder (collectively, “Plaintiffs”), commenced this copyright infringement action against Defendant J. David Spurlock, sole proprietor of publishing company Vanguard Productions. On August 4, 2009, the Court granted summary judgment in favor of Spurlock on the basis of fair use. Warren Publ’g Co. v. Spurlock , 645 F. Supp. 2d 402, 405 (E.D. Pa. 2009). Presently pending before the Court is Spurlock’s Motion for Attorney’s fees Pursuant to 17 U.S.C. § 505. (Docket No. 80.) For the reasons that follow, the Court will grant in part and deny in part the Motion, entitling Spurlock to a partial award of attorney’s fees. II. Factual and Procedural Background The Court’s Memorandum and Order granting Spurlock summary judgment detailed the facts and procedural background relating to the underlying action. See 645 F. Supp. 2d at 405- 10. The background relevant to the pending Motion is briefly summarized below. 1 Beginning in 1958, Plaintiffs printed and published several magazines and comic books in the horror and monster film genre, including Famous Monsters of Filmland (“ Famous Monsters ”), Creepy , and Eerie , and commissioned several artists, including Basil Gogos (“Gogos”) to design cover art for the magazines. -
(1991) Feist Publications, Inc. V. Rural Telephone Service Co., Inc. No. 89
499 U.S. 340 (1991) Feist Publications, Inc. v. Rural Telephone Service Co., Inc. No. 89-1909 Supreme Court of the United States Argued January 9, 1991 Decided March 27, 1991 [...] JUSTICE O'CONNOR delivered the opinion of the Court. in which Rehnquist, C. J., and White, Marshall, Stevens, Scalia, Kennedy, and Souter, JJ., joined. Blackmun, J., concurred in the judgment. This case requires us to clarify the extent of copyright protection available to telephone directory white pages. I Rural Telephone Service Company, Inc., is a certified public utility that provides telephone service to several communities in northwest Kansas. It is subject to a state regulation that requires all telephone companies operating in Kansas to issue annually an updated telephone directory. Accordingly, as a condition of its monopoly franchise, Rural publishes a typical telephone directory, consisting of white pages and yellow pages. The white pages list in alphabetical order the names of Rural's subscribers, together with their towns and telephone numbers. The yellow pages list Rural's business subscribers alphabetically by category and feature classified advertisements of various sizes. Rural distributes its directory free of charge to its subscribers, but earns revenue by selling yellow pages advertisements. Feist Publications, Inc., is a publishing company that specializes in area-wide telephone directories. Unlike a typical directory, which covers only a particular calling area, Feist's area-wide directories cover a much larger geographical range, reducing the need to call directory assistance or consult multiple directories. The Feist directory that is the subject of this litigation covers 11 different telephone service areas in 15 counties and contains 46,878 white pages listings—compared to Rural's approximately 7,700 listings. -
Science Fiction/San Francisco the Twice-Monthly News Zine for the San Francisco Bay Area
Science Fiction/San Francisco The twice-monthly news zine for the San Francisco Bay Area. Issue 11 November 2, 2005 Editors: Jean Martin, Chris Garcia, Jack Avery email: [email protected] Copy Editor David Moyce TOC eLOCs .........................................................Jean Martin................................................................................................................2-6 Editorial.......................................................Chris Garcia ................................................................................................................. 7 National Novel Writing Month....................Chris Garcia ..............................................................................................................7-8 Le Bal de Vampires preview..........................Chris Garcia ..............................................................................................................8-9 Anime Destiny preview ................................Jack Avery..................................................................................................................... 9 Once More With Feeling Cancelled .............Jack Avery..................................................................................................................... 9 Alan Lee Signs..............................................Diane Rooney........................... Photography Diane Rooney.................................10-12 Elevator to the Stars .....................................Jean Martin.............................. -
“The Rook” Information Guide
The Return of “The Rook” Information Guide There is a clear void in today’s American pop culture that is The Rook. It all began in the early 1960’s. Bill, or his adventure hero alter-identity “Billy De” began working in comics before he grew his first whisker. His fascination with comic books was shared by his partner in crime Marty Arbunich. Together they created some of the very first comic book fanzines; Fantasy Hero, Fantasy Illustrated, Yancy Street Journal and Voice of Comicdom, starting at the ripe age of 14. Bill and Marty worked tirelessly to meet self-imposed deadlines as if their loyal fans relied on their publications. On one occasion Bill even snuck into Sacred Heart High School’s art room and used the Dot printer to mass produce their fanzine. Before Comic Con became the premier pop-culture comic event, there was the World Science Fiction Convention (now known as WorldCon) and in 1964 it was in Oakland. Although only 523 were in attendance, this show would have resounding impacts on Bill’s career in comics. Also in attendance was maybe the greatest science fiction fan of all time Forrest J. Ackerman, who contributed to the first science fiction fanzine, The Time Traveler. In the same year, The Time Travelers, a science fiction film, would go into production. The cast included Forry Ackerman. The Rook’s return to comics is nearly 50 years to the date of the event that would inspire Bill’s creative direction. Forrest Ackerman would later go on to create the highly popular alternative comic character Vampirella in 1969. -
How Playlists Broke the Internet: an Analysis of Copyright in Playlist Ownership
Misrok.40.3.13 (Do Not Delete) 3/5/2019 12:24 PM HOW PLAYLISTS BROKE THE INTERNET: AN ANALYSIS OF COPYRIGHT IN PLAYLIST OWNERSHIP Tori Misrok† TABLE OF CONTENTS INTRODUCTION .............................................................................................................. 1412 I. BACKGROUND ......................................................................................................... 1415 A. The History of Copyright in American Jurisprudence .......................... 1415 B. Modern Judicial Applications ................................................................... 1418 II. THE “NEW MUSIC ECONOMY”—THE RISE OF DIGITAL MUSIC AND STREAMING SERVICES ............................................................................................. 1423 A. Interactive Versus Non-Interactive Services ........................................... 1424 B. Terms and Conditions for Digital Music Streaming Services ............... 1425 C. Playlists as User-Generated Content ........................................................ 1426 D. International Applications ........................................................................ 1429 III. ANALYSIS: THE COPYRIGHTABILITY OF PLAYLISTS .............................................. 1430 A. Playlists as Compilations ........................................................................... 1432 B. Originality and Creativity in Playlist Creation ...................................... 1439 C. Terms and Conditions as a Potential Bar to Copyrightability .............. 1441 IV.