Copyright Law Ch. 13-15

Chase Act

In 1891, an amendment to the United States Copyright Act allowed president to extend copyright protection to foreign copyright owners if they provide protection for American works

Rome Convention

The International Convention For The Protection Of Performers, Producers Of Phonograms And Broadcasting Organizations - provides higher level of protection

GATT

multinational treaty that encourages free international trade - include an agreement on intellectual property TRIPS—member countries must agree to enact © laws that give effect to substantive provisions of Berne - TRIPS includes life of author + 50 yrs *** TRIPS provides for a practical international enforcement system for intellectual property rights

performance on internet

o Copyright owner has exclusive right to publicly perform a copyrightes work directly or through a means of communication or transmission o Streaming constitutes as a public performance

filesharing

makes it possible for individual computers connected to the internet to communicate with each other allowing people to search for and transfer files from one computer to the next

neighboring rights

min standards and national treatment provisions of Berne don't apply; any protection will be subject to international standard

North American Free Trade Agreement

1980s, began to link intellectual property protections more closely to international trade by incorporating copyright provisions into multinational trade based agreements

streaming

Allows for continuous transmissions of music oer the internet in real time so that listeners hear the music as it is transmitted to them from a website or other source - No ownership of a permanent copy (performance license)

safe harbor

An amendment to 1976 act prompted by advancs in technology and growth of internet Anti piracy provisions Limitations on liability for online service providers Rules for webcasters

Digital Millenium Copyright Act (DMCA)

An amendment to 1976 act prompted by advancs in technology and growth of internet Anti piracy provisions Limitations on liability for online service providers Rules for webcasters safe harbors

• © notice made optional rather than mandatory for works made fater march 1 1989 • transfers no longer have to be recorded in order to file a © infringement suit

Changes Berne made to 1976 © act when US joined

Geneva Convention

Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication Of Their Phonograms - Designed to provide protection against record piracy by recognizing rights of reproduction, distribution, and importation of SRs

national treatment principle

Each country agrees to give citizens of foreign countries the same degree of copyright protection it gives to own citizens - Any ©ed works created after March 1, 1989 (Berne Convention effective in US) are entitled to national treatment by all other Berne convention members and not applicable to works created prior

RIAA

Industry not happy ab grokster decision o RIAA filed over 18,000 lawsuits targeting "major offenders" who made over 1,000 ©ed works available to share o Most settled $3,000-$5000

reproduction on internet

Reproduction occurs when: • Work is copied to a computer file • Digitalized file is uploading from a computer to a website • Digitized file is downloaded from a website • One person's computer is used to access file on another computer such as through file sharing • File is transferred from one computer on a network to another

downloading

allows people to make copies of digital music from the internet stored on a computer or other storage device -compression -MP3 format legal, but often used for illegal purposes

WIPO

an agency of the UN that works for increasing international legal protection for © and other intellectual property

The Berne Convention

first international © convention held in Berne, Switz in 1886 and resulted in an agreement for the protection of literary and artistic works - all literary and artistic works but NOT sound recordings - Doesn't mention rights of distribution or public display - Encourages its members to recognize new author's rights and authorizes members to provide higher levels of protection in their own copyright laws - Exemptions for educational uses

Grokster and Streamcast case p. I and II

o New filesharing software program designed to attempt to avoid legal liability on the part of the companies distributing the software o Grokster and Streamcast sued by RIAA and MPAA on basically same grounds Napster was o They were decentralized programs so instead of using central computer servers to index files, the Grokster and streamcast software allowed files to be transmitted directly between users of the software w/o passing through any computer servers operated by Grokster or streamcast o Argued they were unable to exercise control over the files being shared o Courts reasoned that because the filesharing software was capable of non-infringing use , Grok and SC were not contributory infringers because they weren't directly involved and had no knowledge of the direct infringements by users of their software

A&M Records v. Napster

o RIAA sued napster claiming napster should be held liable for infringement bc it allowed users of its software to trade ©ed music w/o permission of owners o By time it became lawsuit, approx. 10,000 music files were being traded every second using Napster o Injunction didn't order napster to shut down, rather required it to take steps to monitor its service in order to prevent the massive © infringements that had been occurring o *trial was never held for napster case because shortly after appeals court rulng napster filed for bankruptcy to avoid astronomical judgement it would've been liable for after trial decision

Grokster p. III

o Supreme Court reversed decision to not hold filesharing companies indirectly liable for infringement • Merely supplying technology that can be used for infringement is not enough to be contributory liability • Distributor must take affirmative action to encourage users of their software to infringe o Allowing © owners to enforce rights against infrigners also allowing for new existence of technologies that MAY be used to infringe o Found Grokster and Streamcast's unlawful intent was "unmistakeable"

distribution on internet

o When a ©ed work is transmitted over internet, seems like a distribution has taken place • This technically isn't true bc such a transmission doesn't involve transfer of material object • Reproduction has taken place • First sale doctrine doesn't apply

system caching

section 512 (b) limits liability of service providers for ______ _______ process by which a service provider retains a temporary copy of frequently accessed internet material for a limited time so that subsequent requests for material can be fulfilled by transmitting the retained copy instead of retrieving it again from the original source

bilateral treaties

treaties between two countries

Shawn fanning creating napster

what started the online music war

webcasting

when radio stations transmit their boadcasts over the internet

copyright law in internet age

© act recognizes technological advances will alter the media in which works are fixed in tangible form, act specifically intended to include works fixed in digital form in such media as computer files, compact discs, etc.

Universal Copyright Convention (UCC)

• Allows countries to require some formalities as conditions to copyright protection • the US joined on September 16, 1955 • Requires min of life +25 yrs • Requires member countries to give foreign ©s national treatment • No protection for sound recordings • Berne takes priority over UCC for dual member countries

minimal standards of foreign copyright protection

• Duration of ©: minimum of life of author + 50 yrs (countries can provide for some fair use of © works i.e. edu and news reporting) • Each member country's laws must provide for some fair use of ©ed works for purposes such as education and news reporting

exclusive rights for foreign protection

• Reproduction, translation, adaptation, and public performance • Requires recognition of moral rights of attribution and integrity full protection in US for works created after March 1, 1989