Transcript Trademark and Unfair Comp.

Copyright Law
Boston College Law School
March 13, 2003
Rights - Digital Rights
Exclusive Rights
• 17 U.S.C. §106
– “Subject to sections 107 through 122, the owner of the
copyright … has the exclusive rights to do and to
authorize any of the following:
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(1) to reproduce the copyrighted work …
(2) to prepare derivative works …
(3) to distribute copies … to the public …
(4) … to perform the copyrighted work publicly …
(5) … to display the copyrighted work publicly …
(6) in the case of sound recordings, to perform the copyrighted
work publicly by means of a digital audio transmission
Public Display
• 17 U.S.C. §106
– “Subject to sections 107 through 122, the owner of the copyright
… has the exclusive rights to do and to authorize any of the
following:…
• (5) … to display the copyrighted work publicly …”
• 17 U.S.C. §109(c)
– “Notwithstanding the provisions of section 106(5), the owner of a
particular copy lawfully made … is entitled … to display that
copy publicly … to viewers present at the place where the copy
is located.”
Ringgold v. BET
Exclusive Rights
• 17 U.S.C. §106
– “Subject to sections 107 through 122, the owner of the
copyright … has the exclusive rights to do and to
authorize any of the following:
•
•
•
•
•
•
(1) to reproduce the copyrighted work …
(2) to prepare derivative works …
(3) to distribute copies … to the public …
(4) … to perform the copyrighted work publicly …
(5) … to display the copyrighted work publicly …
(6) in the case of sound recordings, to perform the copyrighted
work publicly by means of a digital audio transmission
Exclusive Rights
• Additional Rights
– Digital Rights
• Digital Performance of Sound Recordings
• Audio Home Recording Act (AHRA)
• Digital Millennium Copyright Act (DMCA)
– Moral Rights
– Other Rights
• Semiconductor Protection
• Boat Hull Protection
• Bootleg Recordings
Digital Technology
• Features of Digital Technology
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Ease of replication
Ease of transmission
Plasticity
Equivalence
Compactness
Searching and linking
Digital Rights
• Digital Performance of Sound Recordings
– New right given to sound recordings
– Covers digital performances of such
• E.g. cable radio, direct satellite radio, internet radio
• Where digital radio received via subscription
– Rights depend on type of performance
• Where interactively on-demand, must get license
• Where non-interactive broadcast, compulsory license
– Recall: must also get musical work rights, too
Digital Rights
• Audio Home Recording Act (AHRA)
– Response to introduction of DAT in 1980s
– Basic provisions
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Manufacturers can sell digital recording devices
Consumers can make personal, noncommercial copies
Devices must include serial copy prevention technology
Royalty charged on devices and recording media\
– Does not cover
• Computer hard drives or CD burners
• Blank CDs
Digital Rights
• Digital Millennium Copyright Act
– ISP liability provisions
– Copyright management information
– Technological protection mechanisms
• Anti-circumvention
• Anti-device
DMCA
• 17 U.S.C. § 1202. Integrity of copyright
management information
– “(a) False copyright management information -- No
person shall knowingly and with the intent to induce,
enable, facilitate, or conceal infringement -- (1) provide
copyright management information that is false … ”
– “(b) Removal or alteration ... -- No person shall … -(1) intentionally remove or alter any copyright
management information …”
DMCA
• 17 U.S.C. § 1201. Circumvention of copyright
protection systems
– “(a) Violations regarding circumvention of
technological measures -• (1) (A) No person shall circumvent a technological measure
that effectively controls access to a work protected under this
title. … ”
• (2) No person shall manufacture, import, offer to the public,
provide, or otherwise traffic in any technology … that -- (A) is
primarily designed or produced for the purpose of
circumventing a technological measure that effectively controls
access to a work …”
DMCA
• Specific exemptions
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Law enforcement
Libraries
Reverse engineering of software
Encryption research
Computer security testing
• No general exemption for fair use
DMCA
• Questions
– Was there a need for the DMCA?
– Assuming a need, did the DMCA get it right?
Assignment for Next Class
• Finish VI.C. - Moral and Other Rights