Copyright FundamentalsCopyright FundamentalsCopyright Subject MatterCopyright Subject Matter

Victor H. Bouganim

WCL, American University

Victor H. Bouganim, WCL, American University, Spring 2001

CopyrightCopyrighteconomic

rightsmoral rights

bundle of exclusive rights

©

Victor H. Bouganim, WCL, American University, Spring 2001

Copyright - Historical ContextCopyright - Historical Context

England - 1556: Stationers’ Company monopoly

England - Statute of Anne, 1710

Constitution: Patent and Copyright Clause

Copyright Act of 1790 Copyright Act of 1909

Copyright Act of 1976 1980: Computer program

protection 1988: Berne Convention

ratification 1990: Architectural Copyright

Act 1992: Audio Home Recording

Act 1998: Sonny Bono &

D.M.C.A.

Victor H. Bouganim, WCL, American University, Spring 2001

TRIPS Copyright RegimeTRIPS Copyright Regime

Members shall comply with Articles 1 through 21 of the Berne Convention (1971) and the Appendix thereto. However, Members shall not have rights or obligations under this Agreement in respect of the rights conferred under Article 6bis of that Convention or of the rights derived therefrom.

[TRIPS, Article 9.1]

Berne Convention, Article 6bis – Moral Rights:– to claim authorship– to object to certain

modifications and other derogatory actions

Rationale for exclusion– not a trade-related issue– possible barrier for full

exploitation by a licensee– not recognized in some

countries. E.g., USA.

Victor H. Bouganim, WCL, American University, Spring 2001

Overview of Copyright RegimeOverview of Copyright Regime

Elements– Copyrightable Subject

Matter– Threshold for Protection– Formalities– Authorship &

Ownership– Duration of Copyright

Exclusive Rights– Copying

– Derivative Works

– Distribution

– Performance & Display

Victor H. Bouganim, WCL, American University, Spring 2001

Subject Matter of CopyrightSubject Matter of Copyright17 U.S.C. Section 102(a)17 U.S.C. Section 102(a)

“Copyright Protection subsists, in accordance

with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device…”

Victor H. Bouganim, WCL, American University, Spring 2001

Copyright Works - USACopyright Works - USACopyright Act 1976Copyright Act 1976

Literary works– includes:

compilation computer program

Musical works Dramatic works Pantomimes and

choreographic works

Pictorial, graphic, and sculptural works

Motion pictures and other audiovisual works

Sound recordings Architectural works

Victor H. Bouganim, WCL, American University, Spring 2001

Copyright Works - UK – Part 1 Copyright Works - UK – Part 1

Copyright, Designs and Patents Act 1988Copyright, Designs and Patents Act 1988

Literary Work– any work which is

written, spoken or sung, includes:

a table or compilation

a computer program preparatory design

material for a computer program

Dramatic Work– includes:dance or

mime Musical Work

– a work consisting of music, exclusive of any words of action

Victor H. Bouganim, WCL, American University, Spring 2001

Copyright Works – UK – Part 2 Copyright Works – UK – Part 2 Copyright, Designs and Patents Act 1988Copyright, Designs and Patents Act 1988

Artistic Work– a graphic work– any painting, drawing,

diagram, map, chart or plan, and

– any engraving, etching, lithograph, woodcut or similar work

– a sculpture– a collage– a work of

architecture– a work of artistic

craftsmanship

Victor H. Bouganim, WCL, American University, Spring 2001

Copyright Works - UK – Part 3 Copyright Works - UK – Part 3

Copyright, Designs and Patents Act 1988Copyright, Designs and Patents Act 1988

Sound Recording Film Broadcast Cable Programme The Typographical

Arrangement of Published Editions

Victor H. Bouganim, WCL, American University, Spring 2001

Literary WorksLiterary Works

“Works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects…” Section 101.

Material objects:– books

– periodicals

– manuscripts

– phonorecords

– films

– tapes

– disks

– cards

Victor H. Bouganim, WCL, American University, Spring 2001

Pictorial, graphic & sculptural worksPictorial, graphic & sculptural works

“Two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans…” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001

Motion pictures &Motion pictures & other audiovisual works other audiovisual works

“‘Motion pictures’ are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.” Section 101.

“‘Audiovisual works’ are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001

Sound RecordingsSound Recordings

“‘Sound recordings’ are works that result from the fixation of a series of musical spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied.” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001

Architectural WorksArchitectural Works

“The design of a building as embodied in any tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001

Dramatic, pantomime & Dramatic, pantomime & choreographic workschoreographic works

Protection extends to written or otherwise fixed instruction for performing a work of art.

Unrecorded dancing is not a protectable work because it is not fixed in a tangible medium.

Protection does not extend to simple steps or conventional gestures.

All three forms of work are entitled to protection against literal copying, and also copying of their expressive elements, character, action, and dialogue.

Victor H. Bouganim, WCL, American University, Spring 2001

Musical WorksMusical Works

Copyright law protects musical works that are written on paper, pressed onto a phonorecord, recorded on audiotape, or otherwise fixed in a tangible medium of expression.

The work must be original in its melody, harmony or rhythm, individually or in combination.

Victor H. Bouganim, WCL, American University, Spring 2001

CompilationsCompilations

“A work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term ‘compilation’ includes collective works.” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001

Derivative WorksDerivative Works

“A work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed or adapted. A work consisting of editorial revisions, annotations, elaboration, or other modifications which, as a whole, represent an original work of authorship, is a ‘derivative work.’” Section 101.

Victor H. Bouganim, WCL, American University, Spring 2001

Derivative Works & CompilationsDerivative Works & Compilations

Protection “extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work.” Section 103(b)