Index
| Author | Robert A. Gorman |
| Profession | University of Virginia School of Law |
| Pages | 131 |
Index
A
Abie's Irish Rose, 74-75
Abbreviation
infringing derivative works, as, 79
Abridgements, 16-17
derivative works, as, 23, 78
infringing, 79
Account books, 20
Actual damages
burdens of proof, 108-11
generally, 108-11
measuring, 110
proof of, none required for statutory damages, 111
See also Damages; Statutory damages
Address books, 20
Advertisements, 10
excluded from "works of visual art" definition of Visual Artistý
Rights Act of 1990, 33, 87
Aesthetic merit, not a copyright requi ement, 11, 28
Agency principles
"employee" status for works made for hire, 50--51
American Society of Composers, Authors and Publishers, 85, 92, 103
Amusement and Music Operators Association, 92
Annotations
derivative,vorks, as, 23, 78, 122
Anthologies, 23
included in definition of "collective work" under 1976 Act, 51
Architectural Works Copyright Protection Act of 1990, 32
"architectural work" defined, 32, 121
exemptions from infringement under
altering, destroying building, 32
drawing, photographing building in or ordinarily visible from
public space, 32
Architecture
plans as "works made for hire" under 1909 Act, renewal of, 41
"pre-1978 saving clause," 32
separability requirement, none, 32
under 1909 Act, 32
under 1976 Act, 32
useful articles, as, 29, 32-33
See also Pictorial, graphic, and sculptural works
Archival copying
computer programs, exempted use, 93
Art in books
excluded from "works of visual art" definition of Visual Artists
Rights Act of 1990, 33
Art, works of visual
See Art work; Works of visual art; Visual Artists Rights Act oi 1990
Art work
derivative works, as, 23, 78
unlawful derivative works, as, 80
See also Visual Artists Rights Act of 1990
ASCAP
See American Society of Composers, Authors and Publishers
Ash trays, 13
Assignment
license, distinguished from, under 1909 Act, 52
distinction eliminated under 1976 Act, 53
reversion interest, statutory, effect on, under 1909 Act, 39-40
Attorney's fees
pre-infringement registration required to obtain, in infringement
actions under 1976 Act, 65, 104-05, 111-12
Attribution, right of
statutory damages for infringement, 35, 86-87
See also Visual Artists Rights Act of 1990
Audiovisual works, 14-15, 33, 49, 69, 77, 82, 85-86, 122-24
defined, 121
"Author" and works of authorship
computer materials, 21
generally, 6-7, 9-12, 15, 19-20
joint works, 47-49
original authorship requirement, 9, 23-28
collective works, 51-52
compilations, 23-28
derivative works, 23-28
directories, 24-25
pictorial and graphic characters, 34
pictorial and graphic works, 34-35
pictorial, graphic, and sculptural works, 28
standards, 26-27
translations, 23, 26
works made for hire, 49-51
statutory categories of works of authorship, 15
See also Originality
B
Bank checks, 20
Baseball cards, listing of, 26
Belt buckles, 31
Ben Hur, 79
Berne Convention of 1886, 3
architectural protection provisions, 32
jukebox license, made voluntary, to conform to, 91-92
notice requirement, i.S. elimination of, to conform to, 60
Berne Convention Implementation Act of 1988, 60, 62, 64-66, 92, 104-05
deposit requirement under 1976 Act, no affect on, 64
jukebox license, made voluntary, to conform to, 91-92
notice requirement, U.S. elimination of, to conform to, 60
registration requirement
eliminated for infringement actions involving works initially
published in other Berne Convention countries, 104-05
retained for infringement actions involving works first published
in U.S., 104
"Best edition" element of deposit requirement under 1976 Act, 64
exemptions, 64-65
Bicycle racks, 31
Biography, under fair use doctrine, 93
Blank form rule, 16-18, 20-23
See also Practicai methods, systems, and processes
BMI
See Broadcast Music, Inc.
Book ends, 13
Books, 9,15
libraries
no restriction against lending books, 80-81
See also Classroom; Libraries
British censorship laws, 1
Broadcast Music, Inc., 85, 92, 103
C
Candlesticks, 13
Cards, 15
Casseroles, 13
Catalogues, 15
Certificate of copyright
prima facie evidence of validity under 1976 Act, 65,104
refusal of Register of Copyrights to issue
bar to infringement action under 1909 Act, 66
no bar to infringement action under 1976 Act, 66, 104-05
Chandeliers, 13
Character prototypes, fictional, 18, 74
idea/expression dichotomy, 74-75
literary characters, generally, 34-35
unauthorized use of name as passing off, 35
Charts, 9
Chips
See Semiconductor chips
Choreographic works, 15, 69, 79
Classroom
Copyright Remedy Clarification Act, 108
distribution in, as publication, unclear, 61
fair use doctrine, 96, 99-100, 111
no nonprofit limitation, 99
videotape copies, 100
remittitur of statutory damages for nonprofit school employees
having reasonable belief of fair use, 111
Clocks, 13
Cohens and the Kellys, The, 74
Collective works
contributions to, 49, 51-52
defined, 51, 121
joint works, distinguished from, 51
ownership rights, 47, 51-52
See also Compilations; Jointly authored works
Coloring, 12,29
"Colorized" motion pictures
derivative works, as, 29
Commentary, under fair use doctrine, 93-94,96
Commerce Clause, 4, 107
Commerce, use in, no proof of required, 6
Common law copyright
See State copyright protection
Compilations, 15,22-28
compilation copyright, 20, 23-28
compilation/derivative work distinction, 23-24
computer databases, 26
defined, 121
originality requirement, 24
standards, 26-27
"nonliteral" copying standard, 26
sweat-of-the-brow standard, 24, 27
unlawful derivative work,s, as, 80
See also Collective works; Derivative works; Jointly authored works
Compulsory licenses
display of works of art, 93
musical recordings, 76-78
available for nondramatic musical recordings only, 77
limitations, 77
literary works, recorded, not subject to, 77
operas, not subject to, 77
requirements to secure, 77
statutory royalty rate, 76-77
nondramatic musical works, performance of, 93
nondramatic musical works, performance of, and display of works of
art, for public broadcasters, 93
royalties, 93
Computer command structures, 22
Computer databases
compilations, as, 26
generally, 2, 15
Computer hardware, 14,21-22, 75
Computer menus, 22
Computer programs
archival copying, exempted use, 93
Computer Software Rental Amendments Act of 1990, 81
defined, 121
generally, 2-3, 14, 15
idea/expression dichotomy, 21-23, 75
"structure, sequence and organization" elements
protectible, 21-22, 75
literary works, as, 21
Computer screen displays, 14
menus, 22
public display right, 86
spreadsheets, 22
"star pagination" of legal decisions, 26
totality of visual elements, consideration of, 22
See also Videogames
Computer Software Rental Amendments Act of 1990, 81
Condensations, as derivative works, 23, 78
Confusion, no proof of required, 6
Contributory infringement
defined, 105
generally, 105-)06
"staple article" exception, 106
Copies
defined, 70, 121
Copying, substantial, requirement for infringement, 17
Copyright Act of 1909
generally, 2-3
originality requirement, 10-11
transactions governed by, 2-3
Copyright and Patent Clause, 2, 4, 9, 107, 115
Copyright notice
effect under 1909 Act, 2
effect under 1976 Act, 3
See also Berne Convention Implementation Act;
Innocent infringement; Notice requirement
Copyright Remedy Clarification Act, 108
Copyright Royalty Tribunal, 76-77, 91-93
Corkscrews, 30
Created
defined, 121
See also Fixed in a tangible medium of expression
Creativity, requirement of, 11-12, 24-25
Criminal liability
generally, 112
atatute of limitations, 107, 112
Critical commentary
fair us6 doctrine, under, 93-94
parody as, 98-99
D
Damages
actual
burdens of proof, 108-11
measuring, 108-10
election of, 110
"in lieu damages," 110
statutory
generally, 108-11
innocent infringement, reduction for, 111
pre-infringement registration required to obtain, in infringement
actions under 1976 Act, 65, 104, 111
remittitur
for nonprofit school, library employees having reasonable
belief of fair use, 111
for public broadcasters, 111
Visual Artists Rights Act of 1990, under, for attribution right
infringement, 87
Databases
generally, 124
Data compilations, 15
Deletion, as infringing derivative works, 79
Deposit requirement
under 1976 Act, 64
fine for continued failure to comply, 64
registration, distinguished from, 64-65
unaffected by Berne Convention Implementation Act of 1988, 64
See also Registration
Derivative works, right to prepare, 16-17, 23-28, 69, 78-79
anthologies, 23
artwork as unlawful derivative works, 80
ban on making further derivative works following termination of
transfer, 55
"colorized" motion pictures, 29
compilation/derivative work distinction, 23-24
defined, 23, 78, 122
directories, 23
"distinguishable variation" concept, 26
elaborations, 23
motion pictures
ban on making further derivative works following termination of
transfer, 55
use following termination of transfer, 55-56
pictorial, graphic, and sculptural works, 28
renewal-term use of derivative works prepared during initial term of
underlying work, 41-43
right to prepare, generally, 78-79
integrity, right of, potential conflict with, 87-88
translations, 23, 26
unlawful derivative works in form of artwork, 80
unlawful derivative works in form of compilations, 80
Diaries, 20
"Direct financial interest" requirement of vicarious liability, 106
See also Supervision requirement
Directories
generally, 15,23
original authorship, 24-25, 72
Display
defined, 85-86,122
Display (public) right, 69,85-86
exemptions
"face-to-face" display to public gathering by copyright owner, 86
"public" display, defined, 61, 82-84
sound recordings, not accorded to, 85
"Distinguishable variation" concept for derivative works, 26
"Distribution"
as "publication" under 1976 Act, 61
in copies to public with proper notice as "publication" under 1909
Act, 38
of phonorecords
when not a divestive general publication, 59
of teaching materials
as "publication," unclear, 61
Distribution (public) right, 69, 79-82
first-sale doctrine as limitation upon, 80-82
exceptions to first-sale doctrine, 81
grey market goods, 82
import right as species of, 82
Divestive general publication
See "Publication"
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