COPYRIGHT ISSUES & THE INTERNET

PURPOSES OF COPYRIGHT

  • To protect the author's right to obtain commercial benefit
  • To protect the author's right to control how a work is used
  • To promote the human knowledge and development

    • FIVE RIGHTS PROVIDED BY COPYRIGHT

  • The right to reproduce or copy the work
  • The right to prepare derivative works
  • The right to distribute copies of the work to the public
  • The right to perform the work publicly
  • The right to display the work publicly

    • FOUR FACTORS DETERMINING FAIR USE

  • Purpose and character of the use
  • Nature of the work
  • Amount and substance of the portion used in relation to the work as a whole
  • Effect of the use upon potential market or value of the work

    • COPYRIGHT ENFORCEMENT

  • When copyright infringment occurs, the owner is entitled to file a lawsuit in federal court.
  • The court can issue injunctions and restraining orders to prevent further violations, aware monetary damages, and award attorney fees.
  • Statutory damages of $500-$100,000 can be awarded. However, the work must be registered with the Copyright Office.

    • COMMON LEGAL DEFENSES FOR INFRINGEMENT

  • Too much time has elapsed between the infringing act and the lawsuit (Statue of limitations).
  • Fair use.
  • The infringment was innocent (infringer unaware item protected by copyright).
  • The infringing work was created independently.
  • The copyright owner authorized use in a license.

    • INTELLECTUAL PROPERTY

  • Intellectual property is the legal rights to an expressed idea.
  • Intellectual property rights enhance profit margins, market share, and name recognition.
  • There are four categories of intellectual property protection - Patents, Trademark and Unfair Competition Law, Copyright Law, and Trade Secret Law.

    • INTELLECTUAL PROPERTY ISSUES & THE INTERNET

  • Lack of copyright regulation and ownership protection
  • Loss of control over work
  • Loss of revenue from work
  • Impact on commerical value of work
  • Questions concerning authenticity of author and reliability of information
  • Adverse impact on the market

    • COPYRIGHT LEGISLATION

  • Copyright Act of 1976
  • National Information Infrastructure 1993
  • The Green Paper
  • CONFU- Conference on Fair Use
  • The White Paper
  • Digital Copyright Clarification & Technology Act of 1997
  • Digital Era Copyright Enhancement Act