Copyright Law in Business and Practice

Name: Copyright Law in Business and Practice
Availability: OutOfStock
ISBN: 9780131724464

ISBN-10: 0131724460

ISBN-13: 9780131724464

Edition: N/A

Authors: John W. Hazard

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Description:

Revised edition of an overview of the field of copyright law. Eleven chapters discuss copyright and related property-protection laws; what can and cannot be copyrighted; protection for computer programs and elements; copyright ownership and rights conferred; notice, deposit, and registration; licensing, transfers, termination rights, and taxation of copyrights; infringement; remedies; and publication, licensing, and internet service agreements. Three-ring binder format. Annotation copyrighted by Book News, Inc., Portland, OR

Book details

List price: $96.00
Publisher: Prentice Hall PTR
Binding: Hardcover
Pages: 600
Language: English

Copyright and Related Property-Protection Laws
Introduction	p. 3
U.S. Copyright Law	p. 3
What Constitutes Publication	p. 4
The Publication Doctrine	p. 4
"Publication" Defined	p. 5
"The Public" Defined	p. 6
Offerings for Public Distribution	p. 7
Performances and Displays	p. 7
Related Publication Matters Covered Under the 1976 Act	p. 8
Preemption	p. 10
Effect of Preemption Provision	p. 10
Section 301 Provision	p. 34
The Sears-Compco Doctrine	p. 34
Copyright Act Amended--Broad Protective Changes	p. 36
Protection of Intellectual Property Under Other Laws	p. 39
Federal Law	p. 40
State Unfair-Competition Statutes	p. 49
Common-Law Cause of Action for Unfair Competition	p. 50
Design Patents	p. 53
Right of Publicity	p. 57
Gray Market Goods	p. 60
Trade-Secret Law	p. 65
Practical Aspects of Copyright	p. 70
Duration of Copyright	p. 70
Copyright Office	p. 74
Copyright Searches	p. 74
U.S. Territories and Insular Possessions	p. 75
International Law	p. 75
Copyright Conventions	p. 75
Protecting Foreign Authors Who Publish in the United States	p. 78
Copyright Provisions of the North American Free Trade Agreement	p. 78
Nature and Scope of Obligations	p. 79
More Extensive Protection	p. 79
National Treatment	p. 79
Control of Abusive or Anticompetitive Practices or Conditions	p. 80
Copyright	p. 80
Sound Recordings	p. 81
Industrial Designs	p. 82
Enforcement of Intellectual Property Rights: In General	p. 82
Enforcement of Intellectual Property Rights at the Border	p. 83
Copyright Changes Under the Uruguay Round Agreements Act	p. 83
Subject Matter: What Can and Cannot Be Copyrighted
Introduction	p. 2
Requirements of Originality and Fixation	p. 3
Originality	p. 3
Determining Originality	p. 8
Fixation	p. 11
Special Rule: Fixation Made Simultaneously With Transmission	p. 12
Extension of Protection to Expression Only	p. 12
Derivative Works	p. 14
Translations	p. 16
Fictionalizations	p. 16
Abridgments	p. 17
Derivative Works and Trivial Variations	p. 17
Derivative Art Works	p. 19
Categories of Works of Authorship	p. 26
Literary Works	p. 27
Musical Works, Including Any Accompanying Words	p. 27
Dramatic Works, Including Any Accompanying Music	p. 30
Pantomimes and Choreographic Works	p. 30
Pictorial, Graphic, and Sculptural Works	p. 31
Motion Pictures and Other Audiovisual Works	p. 37
Sound Recordings	p. 37
Collective Works	p. 39
Types of Copyrightable Subject Matter	p. 39
Artistic Designs	p. 39
Characters	p. 40
Charts and Blueprints	p. 42
Compilations	p. 43
Dresses and Other Garments	p. 46
Factual Works; Historical Nonfiction	p. 46
Forms	p. 48
Governmental Works	p. 51
Interviews	p. 51
Labels	p. 53
Letters	p. 53
Litigation Documents	p. 54
Maps	p. 55
Names and Titles	p. 57
Obscene Works	p. 57
Old Novels and Plays	p. 57
Phrases and Slogans	p. 57
Plots and Themes	p. 58
Proposals for Stories	p. 59
Software	p. 60
Speeches, Sermons, and Other Addresses	p. 60
Sports Events and Parades	p. 60
Toys, Games, and Dolls	p. 61
Trademark and Patent Subject Matter	p. 61
Property Protectible Under Both Copyright and Trademark Law	p. 61
Design Patents	p. 62
Public-Domain Works	p. 63
Failure to Adhere to Formalities	p. 63
Expiration of Copyright Term	p. 69
Effect of NAFTA and TRIPs Legislation on Certain Public-Domain Properties	p. 69
Protection for Computer Programs and Computer Elements
Introduction	p. 2
Definitions	p. 3
Congressional Action to Protect Computer Programs	p. 9
National Commission on New Technological Uses of Copyright Works	p. 9
Copying of Programs by Users: [section] 117 Provisions	p. 10
Protection Under Copyright Act of 1976	p. 16
Source Code vs. Object Code	p. 17
Viewpoint of Copyright Office	p. 18
Case Law Regarding Object Code Infringement	p. 19
Derivative Programs	p. 25
Databases and Compilations	p. 26
Screen Displays	p. 28
Program Formats	p. 35
Infringement of Computer Programs	p. 39
Basis for Infringement	p. 39
Scope of Use Under License	p. 44
Special Problems With Consultants and "Outside" Programmers	p. 46
Misuse of Copyright as Defense to Software Infringement	p. 48
Reverse Engineering of Computer Software	p. 49
Computer Software and Government Contracts	p. 54
Governmental Demand for All Rights	p. 55
Federal Contractor Infringement	p. 56
Applicability of Both Patent and Copyright Protection	p. 56
Historical Precedence	p. 56
Order of Registration; History	p. 57
No Requirement to Elect Between Copyright or Patent Protection	p. 58
Patent Protection and Trade-Secret Law	p. 59
When Programs Are Part of the Patnet	p. 62
Advantages and Disadvantages of Patent Protection	p. 65
Comparison of Copyright and Patent Protection	p. 67
Trade-Secret Law	p. 67
Registration of Computer Programs	p. 69
Trade-Secret Relief Provisions	p. 74
Deposit Rules	p. 75
Derivative Computer Programs	p. 76
Semiconductor Chip Protection	p. 78
Ownership: [section] 903	p. 80
Duration of Protection: [section] 904	p. 81
Exclusive Rights and Limitations: [sections] 905-907	p. 81
Registration of Claims of Protection: [section] 908	p. 83
Mask Work Notice: [section] 909	p. 83
Enforcement of Rights: [sections] 910 and 911	p. 83
Overview of Computer Cases by Circuit	p. 85
First Circuit	p. 85
Second Circuit	p. 88
Third Circuit	p. 92
Fourth Circuit	p. 93
Fifth Circuit	p. 95
Sixth Circuit	p. 97
Seventh Circuit	p. 97
Eighth Circuit	p. 99
Ninth Circuit	p. 101
Tenth Circuit	p. 106
Eleventh Circuit	p. 107
District of Columbia Circuit	p. 109
Court of Appeals for the Federal Circuit	p. 110
Copyright Ownership and Rights Conferred
Introduction	p. 2
Types of Ownership	p. 3
Joint Works: Two or More Authors	p. 4
Works Made for Hire	p. 10
Collective Works	p. 22
Copyrights in Government Works	p. 27
U.S. Government	p. 27
Exceptions to Bar on Federal Copyright	p. 27
State and Local Governments	p. 28
Exclusive Rights Conferred by Copyright	p. 29
Right to Reproduce the Work in Copies or Phonorecords	p. 29
Right to Prepare Derivative Works	p. 30
Right of Distribution	p. 34
Right of Public Performance	p. 35
Digital Performance Right in Sound Recordings	p. 36
Licensing Through Collecting Societies	p. 54
Right of Public Display	p. 57
Divisibility of Copyright Ownership	p. 57
Notice, Deposit, and Registration
Introduction	p. 2
Notice Requirements	p. 3
Notice on Publicly Distributed Copies	p. 3
Publications Incorporating U.S. Government Works	p. 7
Notice in Contributions to Collective Works	p. 8
Omission of Copyright Notice in Published Works	p. 10
Saving Provision; [section] 405	p. 10
Authorial Consent to Distribution	p. 13
Errors in Copyright Notice	p. 14
Error in Name or Date	p. 14
Innocent Infringers	p. 14
Result of Error in Date	p. 14
Deposit Requirements	p. 15
Mandatory Requirements and Exemptions	p. 15
Requirements for Machine Readable-Computer Programs	p. 16
Special Rule for Transmitted but Unpublished Television Programs	p. 17
Registration	p. 17
Importance of Registration	p. 17
Registration Forms	p. 21
Registration Procedures	p. 29
Electronic Registration	p. 33
Fraud on the Copyright Office	p. 35
Bad Faith Found	p. 36
No Bad Faith Found	p. 36
Sample Copyright Office Forms	p. 37
Form TX: For a Nondramatic Literary	p. 37
Form VA: For a Work of the Visual Arts	p. 42
Form PA: For a Work of the Performing Arts	p. 46
Form SR: For a Sound Recording	p. 50
Form SE: For a Serial	p. 54
Form SE/Group	p. 57
Form GR/CP: For a Group of Contributions to Periodicals	p. 60
Form CA: For Supplementary Registration	p. 64
Form RE: For Renewal of a Work	p. 68
Licensing, Transfers, Termination Rights, and Taxation of Copyrights
Introduction	p. 2
License vs. Ownership	p. 3
"License" and "Ownership" Defined	p. 3
Exclusive License	p. 4
Owner for Purposes of Registration	p. 5
Copyright Transfers and Recordations	p. 6
Drafting a Transfer of Ownership	p. 6
Recordation of Transfers and Other Documents	p. 8
The Licensing Agreement	p. 10
General Guidelines	p. 10
Clauses Essential to All Licensing Agreements	p. 10
Nonessential Clauses	p. 19
Shrink-Wrap Licenses	p. 24
Reversion of Rights to Author	p. 25
Reversion Rights Under the 1909 Act	p. 26
Renewal Rights Under the 1976 Act	p. 30
Compulsory Licenses	p. 39
Taxation of Copyrights	p. 51
Federal Income Tax	p. 51
Federal Estate and Gift Tax	p. 63
State Taxes	p. 63
Infringement
Introduction	p. 2
What Constitutes Infringement	p. 4
Developing the Case for Infringement	p. 4
Ownership and Registration	p. 9
Access	p. 11
Copying	p. 16
Guidelines to What Constitutes Substantial Similarity	p. 19
Infringement of Architectural Drawings: [section] 113(b)	p. 40
Copyright Issues Raised by Karaoke Machines	p. 41
Infringement of Other Rights	p. 43
Derivative Works	p. 43
Right to Publicly Distribute	p. 45
Right to Perform	p. 46
Right to Display	p. 48
Liability in Cyberspace	p. 49
Introduction; Rules Clarified by Digital Millennium Copyright Act	p. 49
Direct vs. Contributory Infringement	p. 52
Advice to Clients	p. 59
Jurisdictional Requirements	p. 59
Innocent Infringement: Lack of Intent	p. 60
Willful and Criminal Infringement	p. 62
No Electronic Theft Act of 1997	p. 66
Analysis of NET	p. 67
Actions by U.S. Government Agencies	p. 69
Statute of Limitations	p. 69
Impact of NET	p. 69
Increased Importance of Registration	p. 70
Vicarious Liability: Who Is Liable	p. 72
Summary Judgment	p. 76
Immunity	p. 78
State Immunity	p. 78
Federal Immunity	p. 80
Manufacturing Clause	p. 80
Infringing Importation of Copies of Phonorecords	p. 81
Exclusive Right to Distribute: [section] 602(a)	p. 81
Piratical Copies: [section] 602(b)	p. 84
Enforcement and Disposition of Excluded Articles	p. 85
Noninfringement and Fair-Use Defenses
Introduction	p. 2
Fair-Use Defense	p. 3
The Four Factors That Determine Fair Use: [section] 107	p. 7
Purpose and Character of Use	p. 10
Nature of the Copyrighted Work	p. 13
Amount and Substantiality of Portion Used	p. 14
Effect of Use on Potential Market for or Value of Copyrighted Work	p. 18
Fair-Use Defense in Published vs. Unpublished Works	p. 20
Bad Faith	p. 21
Reverse Engineering as Fair Use	p. 21
Library Photocopying and Fair Use	p. 23
Copying Services	p. 33
Areas Applicable to Fair-Use Doctrine	p. 39
Criticism and Comment	p. 39
News Reporting	p. 39
Teaching	p. 41
Research and Scholarship	p. 46
Parody	p. 47
Home Videos	p. 55
Audio Home Recording Act of 1992	p. 55
Noninfringement: Specific Limitations on the Rights of Copyright Owners	p. 75
Copying by Libraries or Archives: [section] 108	p. 75
"First Sale" Doctrine: [section] 109	p. 79
Performing or Displaying a Work: [section] 110	p. 82
Cable Television: [section] 111	p. 94
Ephemeral Recording: [section] 112	p. 99
Useful Articles: [section] 113	p. 99
Sound Recordings: [section] 114	p. 100
Other Limitations on the Rights of Owners	p. 101
Copyright Misuse	p. 101
Remedies
Introduction	p. 2
First Consideration: Jurisdiction and Venue	p. 2
Subject Matter Jurisdiction	p. 2
Personal Jurisdiction	p. 4
Venue	p. 5
Injunctions	p. 6
Irreparable Injury	p. 7
Balance of Hardships	p. 14
Impounding and Disposition of Infringing Articles	p. 14
Damages and Profits: [section] 504	p. 15
Rules Governing Damages	p. 16
Lost Market Advantage	p. 18
Statutory Damages	p. 19
Other Remedies Under the Copyright Act of 1976	p. 24
Costs	p. 24
Attorney Fees	p. 25
Remedies for Criminal Infringement	p. 27
Statute of Limitations	p. 28
Notification to Register of Copyrights	p. 29
Alteration of Programming by Cable Systems	p. 29
Attorney Conduct in Litigation	p. 29
Publication, Licensing, and Internet Service Agreements
Introduction	p. 3
Nature of the Work	p. 3
Laws Applicable Other Than Copyright Law	p. 4
Ownership in the Work	p. 5
Work for Hire	p. 5
Derivative Works	p. 6
Other Owners	p. 7
Publication in Collective Works	p. 7
Terminations	p. 8
Ownership Rights Upon Publication	p. 9
Term of the Publication Agreement	p. 9
Registration of Work	p. 10
Copyright Notice	p. 10
Infringement	p. 11
Fair Use	p. 11
Indemnification	p. 12
Breach of Contract	p. 12
Arbitration	p. 13
Semiconductor Chips	p. 13
Publication Agreements	p. 13
Agreement to Publish Book (Bias in Publisher's Favor in Regard to Copyright Ownership)	p. 14
Agreement to Publish Book (Bias in Author's Favor in Regard to Copyright Ownership and Termination Rights)	p. 20
Release and Return of Publishing Rights Release	p. 27
Agreement to Manufacture and Market Doll	p. 28
Agreement to Manufacture and Market Doll	p. 29
Agreement to Produce Software Program	p. 31
Agreement to Produce Computer Software Program	p. 32
Agreement to Print Catalog	p. 34
Agreement to Print Catalog	p. 35
Licensing Agreements	p. 37
End-User and Shrink-Wrap License Agreements	p. 37
End-User Software License	p. 37
Shrink-Wrap License Agreement for Packaging of Software	p. 41
Basic Copyright Transfer and Licensing Agreements	p. 43
Copyright Transfer Agreement	p. 45
Software Licensing Agreement	p. 47
Trademark Agreements	p. 49
Trademark Licensing Agreement	p. 49
Agreement to License Trademark "[insert mark]" and Design	p. 51
Application to Register Trademark	p. 54
Application to Register Trademark/Service Mark	p. 55
Continuing-Use Affidavit	p. 57
Affidavit of Continued Use of Trademark	p. 58
Renewal Application	p. 59
Application for Renewal of Registration of a Mark, With Declaration	p. 60
Intent to Use	p. 62
Trademark Application--Intent to Use Register	p. 62
Licensing Through Collecting Societies	p. 64
Licensing Agreement	p. 64
Business Multiple-Use License	p. 64
Music Performance Agreement: Meetings, Conventions, Trade Shows and Expositions	p. 68
Music Performance Agreement: Meetings, Conventions, Trade Shows and Expositions	p. 68
Web Site Music Performance Agreement: Corporate Image License	p. 70
Web Site Music Performance Agreement: Corporate Image License	p. 70
Music Performance Agreement: Health Care Multiple Use License	p. 77
Music Performance Agreement: Health Care Multiple Use License	p. 77
Music-on-Hold Agreement	p. 79
Music-on-Hold Agreement (Used by Permission of ASCAP)	p. 79
License Agreement for Internet Sites on the World Wide Web--Release 2.0	p. 82
ASCAP Experimental License Agreement for Internet Sites on the World Wide Web--Release 2.0	p. 82
Agreements for Services Encompassing the Internet	p. 95
Introduction	p. 95
Definition of the Internet	p. 95
Copyright Infringement	p. 96
Protected vs. Unprotected Works	p. 97
Contracts Involving Publication on the Internet	p. 97
Service Agreement to Sell Goods on the Internet: Terms Favorable to Subscriber	p. 99
Internet Subscription Service Agreement	p. 110
Service Agreement to Sell Goods on the Internet: Terms Favorable to Internet Service Company	p. 119
Internet Subscription Service Agreement	p. 129
Litigation Forms
Introduction	p. 2
Case 1: Sample Complaint, With State Causes of Action	p. 3
Complaint of Copyright Infringement, Unfair Competition, Lanham Act Violation, Breach of Contract, and Unjust Enrichment	p. 3
Case 2: Sample Answers and Defenses	p. 16
Sample Answers to Complaint for Copyright Infringement	p. 16
Defendants' First Request for Production of Documents and Things to Plaintiff	p. 19
Sample of Defendant's First Set of Interrogatories to Plaintiff	p. 23
Sample Notice of Deposition	p. 25
Case 3: Sample Litigation Forms, Including Complaint and Plaintiff's Request for Production	p. 26
Sample Complaint for Copyright Infringement, With Count for Contributory Infringement and Lanham Act Violation	p. 26
Sample of Request by Plaintiff for Production of Documents and Other Things	p. 32
Plaintiff's Interrogatories to Defendants	p. 37
Case 4: Sample Litigation Documents, Including Complaint, Plaintiff's Request for Production, Plaintiff's Interrogatories to Defendants, Plaintiff's Response to Defendant's Request for Production, and Plaintiff's Responses to Interrogatories	p. 39
Sample Complaint Alleging Copyright Infringement of Software and for Related Claims Under the Lanham Act and the New York Laws of Trade Secrets	p. 39
Sample Request for Production of Documents	p. 46
Plaintiff's Interrogatories to Defendants	p. 51
Plaintiff's Responses to Defendant's First Request for Production of Documents	p. 53
Plaintiff's Response to Defendants' First Set of Interrogatories	p. 57
Case 5: Plaintiff's Interrogatories to Defendants	p. 71
Plaintiff's Interrogatories to Defendants	p. 71
The Copyright Act of 1976	p. 1
Criminal Copyright Liability--Selected Provisions From the United States Code (as Amended to May 11, 1998)	p. 1
Selected Provisions From Title, 37, Code of Federal Regulations	p. 1
Copyright Office Circular 21	p. 1
Copyright Office Circular 100	p. 1
Copyright Office Circular 61	p. 1
Copyright Office Circular 14	p. 1
Copyright Act of 1909	p. 1
Sonny Bono Copyright Term Extension Act (S. 505)	p. 1
Digital Millenium Copyright Act (H.R. 2281)	p. 1
Table of Statutes	p. 1
Table of Cases	p. 9
Index	p. 1
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