Class notes
Class notes Copyright - Penn Carey Law 2023/2024
- Course
- LAW621-001 (LAW621001)
- Institution
- University Of Pennsylvania
Outline of Copyright course at Penn Carey Law 2023/2024. Covers all the lessons.
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COPYRIGHTProf. Parchomovsky
(Penn LAW621-001-23C)
1
,§ INTRODUCTION
Is the surname “Parchomovsky” copyrightable? No, the name is pre-existing and
not original (but can be protected under TM law).
Definition: Copyrights laws creates and protects rights in original works of
authorship1.
I) FEDERAL LEVEL:
Design
Trademark (TM)2 Copyright (CR) Utility Patent
Patent
Ornamental
Object of Designation of
Expressive works Medical drugs design
protection origins
elements
Federal Copyright Act
Latham Act (1946) Patent Act (1952)
law (1976)
1) 1) Fixation 1) Novelty 1) Novelty
Distinctiveness (in tangible (never existed (never existed
(sufficient meaning); before); before);
difference from
2) Originality 2) 2) non
previous
(≠ novelty: Usefulness obviousness
trademarks);
simply not (≠ success in (for an expert
Prerequisi
2) Use in copied by the market); of the
te for
commerce someone else); field)must
protection 3) non
(being attached to give
3) creativity obviousness
certain goods or contribution
(a modicum (for an expert
offered with
amount) of the
certain service)
field)must
give
contribution
Examination No Examination
Registration: examination Registration
Registrati optional (high Registration:
on regime advantages, i.e. optional
countrywide
protection)
As long as used in Life of the author
Duration 20y from filing the request
commerce + 70y
Requisites in CR law:
A. Fixation: Expression must be fixed in a tangible medium (low threshold though,
but cannot be presented only oral);
B. Originality: Expression originates with the author (not novelty);
C. Modicum of creativity: author must add something that wasn’t there before in
terms of artistic.
No need for commercial value.
Goals of CR law:
1
Highest copyrighted field: video games.
2
Advertising.
2
, A. To benefit the public from the labors of authors;
B. To reward copyright owner for his creative accomplishment through giving him
rights of exclusivity for a certain period (no revenue).
II) STATE LEVEL:
Trade Secrets Law Unfair Right of Publicity Misappropriation
Competition Law Law
Law
A. Protects Protects Protects against A common law tort
businesses against business misrepresentation of that creates a cause
industrial espionage against a person’s name, of action for
and illegal deceptive likeness, image, or inequitable
appropriation of practices and personal identity for misappropriation of
private information unethical commercial gain. information
(i.e. Coca Cola trade behavior in the
secret) marketplace In particular,
protects celebrities
B. Complements
against
patent law when the
unauthorized
information is not
commercial use of
eligible for patent
their persona,
protection; besides,
image, or even
patent protection is
likeness
costly, need to be
filled country by
country
III) HISTORY OF ANGLO -AMERICAN COPYRIGHT LAW:
a) 1534 – In response to invention of printing press, English Crown, fearing
dissemination of unfavorable news to the Crown, grants a publishing monopoly to the
“Stationer’s Company”, a group of London printers and publisher. copyright began
as a form of censorship.
b) 1694 – The monopoly granted to the Stationer’s Company expires and it tries
lobbying the Parliament to renew monopoly but failed.
c) 1710 – The English Parliament enacts the Statute of Anne (the first CR statute in
Anglo American world).
d) Middle of 17th – CR gains considerable purchase in the U.S.
e) Shortly after the revolution– 12 states enact CR statutes.
f) 1787 – U.S. Constitution, Art. I, Section 8, Clause 8 (the IP clause): empower
Congress “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.”
1710
1976
Statute 1790 1909
(still in effect today)
of Anne
Subject Printed - “All the Original works of authorship with an
matter books Maps writings” of an open list that includes categories:
- author: 1) literary works, including
Chart - books, software
s periodicals 2) musical works
- - dramatic 3) dramatic
Books works 4) choreographic works
3
, - maps
- musical
compositions
- works of art
5) pictorial, graphic and
- illustrations,
sculptural works
technical
6) motion pictures + audiovisual
drawings,
works
- photographs,
7) sounds recordings
prints,
8) architectural works
- motion
pictures, and
sounds
recordings
Economic rights:
- 1) reproduce, make copies
- Print and 2) adapt
vend 3) distribute copies to the public
-
- Translate and 4) public performance
Control Repri
adapt 5) public display
Exclusiv the nt
- Deliver, read 6) digital performance of sound
e right making of -
or present recording
copies Publi
work [Exception]: Fair use
sh
- Perform the
- Moral rights:
work
Vend A) attribution
B) integrity
Duratio 14 + 14 14 + 28 + 28 (upon Life of author + 50 (extended to life +
n (if still 14 renewal) 70 by Copyright Extension Act of
alive) 1998) not allow to copy.
(n.b.: ban of circumvention of tech
measures of protection: Digital
Millennium Act of 1998) not
allow to try to overcome protection
measures
IV) COPYRIGHT AND THE DIGITAL CHALLENGE:
A. Trend in the history of Anglo-American copyright law → ongoing dynamics of
expansion of copyright protection
B.Why is this trend justified?
1. This area of the law is profoundly affected by tech changes (i.e., AI). But these
changes work on both sides: tech creates both opportunities and risks and we don’t
really know how to assess the magnitude of each effect.
2. Creation of law is mediated by politics: there are two opposing interests at stake,
i.e. the content-industry’s (very organized and strong) v. public’s (larger but poorly
organized) → The content industry has pushed for this expansion in protection.
3. More rights are added and once they are, they are never abolished.
C. The relationship b/t law and technology
4. The ease w/ which one can get copyright protection also creates pressures;
technology makes content more valuable to producers & providers but also
facilitates unauthorized use.
4
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