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Copyright
Santa Clara University School of Law
Schatzel, Thomas E.

COPYRIGHT OUTLINE
Schatzel
 
I.            Generally
 
            A. Overview: Copyright is a right of an author to control reproduction of his work which is usually an intellectual creation. It protects things like books, art, plays, movies, audio and video recordings, computer software, written word audio and video on the Internet.
 
            B. History
            1. Statute of Ann = Copyright law from England from the early 1700s. Recognized the rights of authors and focused on the authors exclusive rights to control reproduction for 14 years which could be renewed for another 14 years. Author required to register writing and list who could and would reproduce the books.
 
            2. Stationers Act = Prior to Statute of Ann, this gave printers the sole right of reproducing certain books.   Printers required to register books with Stationer’s Hall and deposit copies. Infringers required to pay a penny per infringed book.
 
            3. U.S. = After Revolutionary War, individual states gave protection
 
            4.  Article I, Section 8, clause 8 = “The Congress shall have the power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries.”
            Who has right to give exclusive rights? Congress.
            Applies to patents and copyrights, not to trademarks.
                        “The Congress shall have the power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries.”
           
            5. First Copyright Statute: 1790 = Protection limited to maps, charts, and books for 14 years. Subject to the condition that copyright was obtained. Original had to be registered prior to publication, copies deposited with Secretary of State, notice of copyright had to be published. Copyright could be renewed for additional 14 years if author was still alive.
 
            6. Unpublished Works = Exclusive right of the author retained if unpublished. Governed by state law. E.g.: author could go after someone for stealing his property. Publication occurred if a copy was given to someone else.
 
                        7. 1891 International Treaty = U.S. had treaty with other countries that pr

s a 5-year window where author or survivor could give notice of termination. Designed to protect poor authors who later become famous.
 
11. Royalty Tribunal = Tribunal that sets rates for compulsory licensing.
 
            C. Subject matter:
 
1. 17 USC § 102(a) = Copyright protection subsists 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 machine or device.
 
                                    a. Categories: (recognize these areas)
(i)     literary works;
(ii)   musical works, including any accompanying words;
(iii)dramatic words, including any accompanying music;     
(iv) pantomimes and choreographic works;
(v)    pictorial, graphical, and sculptural works;
(vi) motion pictures an other audiovisual works;
(vii)            sound recording;
architectural works.