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Copyright - Intellectual Property - Lecture Notes, Study notes of Property Law

These are the important key points of lecture notes of Intellectual Property are: Copyright, Google Library Project, Basic Concepts, Knowledge Objectives, Concepts of Copyright, Skills Objectives, Share Opinions, Respectful Debate, Attitude Objectives, Innovation and Protection

Typology: Study notes

2012/2013

Uploaded on 01/17/2013

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Lesson: Copyright and Other Digital Age Legal Issues: The Google Library Project Settlement
I. Goals:
a. Introduce students to basic concepts within copyright law.
b. Make students familiar with the Google Library Project settlement and debate
around that issue.
II. Objectives:
a. Knowledge Objectives: From this lesson, students will be better able to:
i. Explain basic concepts of copyright.
ii. Talk about the Google Library Project settlement.
iii. Develop opinions on tensions between business innovation and certain
aspects of our laws.
b. Skills Objectives: From this lesson, students will be better able to:
i. Share opinions in a clear and concise manner.
ii. Collaborate with peers.
iii. Develop critical thinking skills through brainstorming.
iv. Engage in respectful debate on opposing views.
v. Identify copyright issues.
c. Attitude Objectives: From this lesson, students will:
i. Appreciate how our copyright law aims to promote innovation by
protecting creator’s rights.
ii. Understand the tension between innovation and protection of copyright,
business, and the individual.
iii. Appreciate how various and diverse interests can work together to achieve
a common goal.
III. Classroom Methods:
a. Hook/ Activity:
i. Show students image of The New Yorker photo (See slides).
1. Explain that Saul Steinberg’s “View of the World from Ninth
Avenue” appeared on the cover of the March 29, 1976 issue of The
New Yorker. The New Yorker registered the image with the US
Copyright Office and assigned the copyright to Steinberg.
ii. Next, show students image of Moscow on the Hudson (See slides).
1. Explain that the movie post featured lead actor Robin Williams and
two co-stars. If students are interested, the movie is about a
saxophonist for a circus in Soviet Russia who defects to the US.
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Lesson: Copyright and Other Digital Age Legal Issues: The Google Library Project Settlement

I. Goals: a. Introduce students to basic concepts within copyright law. b. Make students familiar with the Google Library Project settlement and debate around that issue.

II. Objectives: a. Knowledge Objectives: From this lesson, students will be better able to: i. Explain basic concepts of copyright. ii. Talk about the Google Library Project settlement. iii. Develop opinions on tensions between business innovation and certain aspects of our laws. b. Skills Objectives: From this lesson, students will be better able to: i. Share opinions in a clear and concise manner. ii. Collaborate with peers. iii. Develop critical thinking skills through brainstorming. iv. Engage in respectful debate on opposing views. v. Identify copyright issues. c. Attitude Objectives: From this lesson, students will: i. Appreciate how our copyright law aims to promote innovation by protecting creator’s rights. ii. Understand the tension between innovation and protection of copyright, business, and the individual. iii. Appreciate how various and diverse interests can work together to achieve a common goal.

III. Classroom Methods: a. Hook/ Activity: i. Show students image of The New Yorker photo (See slides).

  1. Explain that Saul Steinberg’s “View of the World from Ninth Avenue” appeared on the cover of the March 29, 1976 issue of The New Yorker. The New Yorker registered the image with the US Copyright Office and assigned the copyright to Steinberg. ii. Next, show students image of Moscow on the Hudson (See slides).
  2. Explain that the movie post featured lead actor Robin Williams and two co-stars. If students are interested, the movie is about a saxophonist for a circus in Soviet Russia who defects to the US.

iii. Tell students that Steinberg sued Columbia Pictures (producers of Moscow on the Hudson ); divide students into groups of three to four; and ask them to come up as a group how they think the court ruled and their reasons for thinking that. iv. Give out sheet with the following questions and ask students to answer as a group:

  1. Who owns the copyright in The New Yorker cover image? Why would a creator want to register his/her work with the Copyright Office? a. Steinberg owns the copyright in the cover image. A creator wants to register his/her work with the Copyright Office because this is positive proof of copyright ownership. It also allows a creator to bring suit on his/her copyright and claim damages in US court.
  2. Could the designers of the poster have copied the cover image? Would your analysis be different if Steinberg’s drawing appeared on a lesser known magazine? a. This is a subjective question. See below for court’s answer.
  3. Are the images similar? What is different? a. This is a subjective question. See below for courts answer.
  4. Do you think it is important that Columbia Pictures is making money through advertising its poster? Would your answer change if instead the poster was for a high school play with no admission charge? a. This is a subjective question. Court did not address the question. Columbia Picture is presumptively making money through the poster by attracting consumers to watch the movie in theater.
  5. Based on your answers so far, do you think Columbia Pictures infringed on Steinberg’s copyright or not? Explain your reasoning. a. This is a subjective question. The court found for Steinberg. v. Have each group explain their decision and their reasoning. vi. Explain that the court found for Steinberg:
  6. Steinberg owned a valid copyright of the cover image.
  7. Poster creators had access to Steinberg’s cover image.
  8. There are substantial similarities between the two works: The court asked whether an average lay observer would recognize the alleged copy as having been appropriated from the copyrighted work.

iii. To distribute copies of CR works iv. To perform CR works v. To display CR works ii. Defense to CR infringement: Fair use (There are several defenses, but we will talk about this one for time purposes)

  1. Allows use of CR works for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. This is an affirmative defense which means that a defendant may raise it if charged with CR infringement. a. For example, the images in the power point slide are used for educational purposes so if someone sued me I would have the affirmative defense of fair use.
  2. If use does not fall into categories above, it may still be fair use if the following factors weigh in favor of the user: a. What is work used for? Commercial reasons or non-profit educational purposes? b. What kind of work is used? i. Use of published works weighs in favor of user; use of non-published works weighs in favor of CR holder c. How much is used? All or only a part? d. What is the effect on the market for the CR work? i. For example, in Campbell v. Acuff-Rose Music, Inc. a group called 2LiveCrew made a rap parody of Pretty Woman. The court examined whether the parody had affected the Pretty Woman CR holder’s ability to enter the rap music market.
  3. Refer to Bill Graham v. DK as an example for the fair use defense if necessary: In this case, Bill Graham (P), the copyright holder in images of Grateful Dead event posters and tickets, alleged the Dorling Kindersley infringed its copyright by publishing seven of its images in reduced size in a book on the history of the Grateful Dead. See slides for breakdown of fair use defense. c. Debrief: i. Introduce Google Library Project as an example of a major copyright issue of our time and of how innovation and our copyright laws are sometimes in tension: (Slides include link to Youtube news report; information is also below in case link is dead)
  4. Background: In 2002, Google began digitizing books in libraries, and in 2004, launched Book Search. Book Search allowed users to

search Google’s database for books. Users could view snippets of CR books and view and download full copies of books that had fallen out of copyright into the public domain.

  1. Lawsuit: In 2005, the Authors Guild and Association of American Publishers filed separate suits against Google arguing that Google’s Library Project involved CR infringement because it created digital copies of CR works. This resulted in a settlement in February 2009.
  2. Settlement: a. Google to pay out $125 million some of which would be used to compensate author’s whose copyright had been infringed b. Established book registry system from which author’s may opt-out c. Several more provisions but not able to cover in time for this lesson
  3. Current situation: US Circuit Judge Denny Chin rejected settlement as not “fair, adequate, and reasonable” on March 22, 2011 a. Judge Chin acknowledged that the Google’s Library Project has many benefits including that libraries, schools, researchers, and disadvantaged populations would gain access to more books; that authors and publishers would find new audiences and new sources of income; and that older books – particularly those out of print – would be preserved b. However, Judge concerned that: i. Copyright issue: Google would be exploiting orphan works, out-of-print books whose writers could not be located ii. Copyright issue: Google would have monopoly over these orphaned works as only Google would be able to distribute them iii. Anti-trust issue: Google would have ability to monopolize access, distribution, and pricing of largest digital database of books in the world iv. Censorship issue: Google would be able to create a “content management system” and censor whatever books it wanted

Steinberg v. Columbia Pictures

Who owns the copyright in The New Yorker cover image? Why would a creator want to register his/her work with the Copyright Office?

Could the designers of the poster have copied the cover image? Would your analysis be different if Steinberg’s drawing appeared on a lesser known magazine?

Are the images similar? What is different?

Do you think it is important that Columbia Pictures is making money through advertising its poster? Would your answer change if instead the poster was for a high school play with no admission charge?

Based on your answers so far, do you think Columbia Pictures infringed on Steinberg’s copyright or not? Explain your reasoning.