Copyright Law

Boston College Law School

January 7, 2003

Introduction

Topics

1. What is copyright law about?

2. Why do we have copyright?

3. What will we cover in this class?

4. What are the requirements for this class?

What is copyright?

• Subject matter: creative and artistic works– E.g. books, magazines, music, movies, plays,

sculpture, painting, drawings, architectural works, software

– Industries include: publishing, broadcast t.v. and radio, recording industry, movie industry, software industry

• Does not include: facts, ideas, inventions

Compared to Other I.P.Copyright Patent Trademark

SubjectMatter

Creative works(books, music, movies,software, etc.)

Innovation(inventions, processes,methods, etc.)

Product identifiers(names, logos,slogans, etc.)

Length ofProtection

Life + 70 years 20 years from filing As long as used

Requirementsfor Protection

Originality andfixation

Novelty, nonobvious-ness, utility; pre-approval process

Distinctive-ness, use incommerce

Scope No copying, publicperformance, publicdisplay, derivativeworks

No use, sale, creation,manufacture;independent discoverynot a defense

No likelihood ofconfusion, dilutionof famous marks

Example: Harry Potter

What is copyright?

• Scope of rights– Exclusive right to:

• Reproduce

• Adapt

• Publicly distribute, perform, display

– Term: life of author + 70 years

Why do we have copyright?

1. Economic theories

2. Labor desert theories

3. Personality theories

4. Social planning theories

5. Interest group theories

How is copyright different?

• How is copyright different from physical property?– “Nonexcludable”

• Difficult to keep others from possessing property

• E.g. easy to copy an MP3

– “Nonrival”• Many people can possess the property at the same time

• E.g. I can give you a copy of the MP3 w/out losing mine

Economic theories• Basic idea:

– Copyright is necessary to provide authors with incentives to engage in creative activity

• Responds to “public goods” nature of information• Without protection, others could copy and sell

• Limitations:– Protection may reduce broad access to works

• Raises costs of copyrighted works to consumers• Raises costs of creating derivative works

– No data re: how much is “enough” or “optimal”

Labor-Desert Theories• Basic idea:

– Copyright law serves to reward authors for their creative labor

• Based in part on writings of John Locke; natural law

• Consistent with instincts re: rewarding effort

• Limitations– Hard to know what limiting factors– How much of work’s success is due solely to

author’s labor?

Personality Theories

• Basic idea:– Copyright law protects an artist or creator’s

personal connection to a creative work• Some works are not merely commodities

• Instead, may be bound up with creator’s identity

• Limitations– Hard to know what limiting factors– Not applicable to primarily commercial works

Social Planning Theories

• Basic idea:– Copyright law should be constructed so as to

provide the conditions for the creation of a robust and diverse culture

• Focus less on authors, more on output

• Want less concentration, more diversity

• Limitations– Significant disagreement over what constitutes a

robust and diverse culture

Interest Group Theories

• Basic Idea:– Copyright law largely reflects and protects the

interests of the copyright industries• Industries are wealthy, focused, and organized

• Consumers are diffuse, passive, disorganized

• Limitation– Primarily a descriptive theory - provides little

normative guidance

Major Themes

• Multiple conflicting theories– No single theory can explain all doctrines– Often theories are in tension

• Changing technology– Constant response to changing technology– Typically without adequate information– Can copyright law adapt to digital technology?

Requirements

• Grading– Primarily based on exam (take-home)– Quality participation will be counted

• Participation– Panel system– Sign up for two classes, in different months

• Class web site– http://www2.bc.edu/~liujr/courses/copy03s/index.html

Contact Information

• Office Hours– Location: East Wing, 313– Hours: Thu., 3:30-5 p.m., or by appointment

• E-Mail– liujr@bc.edu

• Phone– 617-552-6377

Assignment for Next Class

• Finish I. - Introduction

• Read II.A. - Fixation