Chapter 1 INTRODUCTION: THE LANDSCAPE OF COPYRIGHT
§ 1.01 THE IMPORTANCE OF COPYRIGHT
§ 1.02 COPYRIGHT AND RELATED BODIES OF LAW
[A] An Introduction to Copyright
[B] Federal Intellectual Property Law
[1] In General
[2] Patent Law
[3] Trademark Law
[C] State Intellectual Property Law
[1] Unfair Competition and Trade Secrets
[2] Other State Law Theories
§ 1.03 HISTORY OF ANGLO-AMERICAN COPYRIGHT LAW
[A] The Beginnings to Donaldson v. Beckett (1774)
[B] From the Constitution to the Copyright Act of 1909
[C] The 1909 Act
[1] General Provisions of the 1909 Act
[2] The 1909 Act and the Berne Convention
[3] Legislative Attempts to Revise the 1909 Act
[4] The Continuing Importance of the 1909 Act
[D] The Copyright Act of 1976
[1] Important Changes Made by the 1976 Act
[2] Subsequent Developments Under the 1976 Act
[3] Trends in Copyright Legislation
§ 1.04 COPYRIGHT IN A CHANGING WORLD
[A] A Comparative Law Overview
[B] Major International Treaties Involving Copyright
[1] In General
[2] The United States and International Copyright
[3] The Berne Convention
[C] U.S. Entry Into Berne
[1] The Incentives for Entry
[2] The Berne Convention Implementation Act of 1988
[3] The Unfinished Business of the B.C.I.A.
[D] Neighboring and Related Rights Conventions
[E] Intellectual Property and International Trade
[1] NAFTA and TRIPS
[2] TRIPS and the Berne Convention
[3] The WTO Implementing Legislation
[4] Updating the Berne Convention
[5] U.S. Participation in the New Order
§ 1.05 COPYRIGHT AND THE DIGITAL CHALLENGE
[A] Looking Back
[B] Digitization and the Revolution in Information Processing
[C] Digital Networks and Their Importance
[D] Digitization and Intellectual Property: A Typology of Issues
[E] Digital Copyright at Home and Abroad
[F] The Issues in Context
[G] Looking Forward
§ 1.06 THINKING AND TALKING ABOUT COPYRIGHT LAW
[A] In General
[B] Copyright and 'Interest Analysis'
[C] 'Rhetorics' of Copyright Jurisprudence
[1] The 'Utilitarian' and 'Natural Law' Conceptions of Copyright
[2] Other Rhetorics in Contemporary Copyright Discourse
[D] Conclusion
Chapter 2 PREREQUISITES FOR COPYRIGHT PROTECTION
§ 2.01 FIXATION
[A] Introduction
[B] Development of Current Law
White-Smith Music Publishing Co. v. Apollo Co.
Notes and Questions
Midway Manufacturing Co. v. Artic International, Inc.
Notes and Questions
§ 2.02 ORIGINALITY
[A] Introduction
[B] Basic Originality Concepts
[C] The Originality/Novelty Distinction
[D] 'Authors' and Their 'Writings'
Burrow-Giles Lithographic Co. v. Sarony
Notes and Questions
Bleistein v. Donaldson Lithographing Co.
Notes and Questions
[E] Originality Revisited
Meshwerks, Inc. v. Toyota Motor Sales U.S.A. , Inc.
Notes and Questions
[F] The Idea/Expression Dichotomy
Baker v. Selden
Notes and Questions
[G] The Merger Doctrine
Morrissey v. Procter & Gamble Co.
Notes and Questions
§ 2.03 OTHER PRELIMINARY CONSIDERATIONS
[A] National Origin
[B] U.S. Government Works
[C] The Reduced Role of the Statutory Formalities
Chapter 3 WORKS OF AUTHORSHIP
§ 3.01 ORIGINAL WORKS OF AUTHORSHIP UNDER § 3.01 102
[A] Introduction
[B] Literary Works, Including Computer Software
Miller v. Universal City Studios, Inc.
Notes and Questions
Apple Computer, Inc. v. Franklin Computer Corp.
Final Report of the National Commission on New Technological Uses of Copyrighted Works (CONTU) : Dissent of Commissioner Hersey
Notes and Questions
[C] Musical Works, Dramatic Works, and Pantomimes and Choreographic Works
[D] Pictorial, Graphic, and Sculptural Works
Mazer v. Stein
Pivot Point International, Inc. v. Charlene Products, Inc.
Notes and Questions
[E] Motion Pictures and Other Audiovisual Works
[F] Sound Recordings
[G] Architectural Works
Shine v. Childs
Notes and Questions
§ 3.02 DERIVATIVE WORKS AND COMPILATIONS UNDER § 103
[A] Introduction
[B] Derivative Works
Schrock v. Learning Curve International, Inc.
Notes and Questions
[C] Compilations
Feist Publications, Inc. v. Rural Telephone Service Company, Inc.
Notes and Questions
Chapter 4 OWNERSHIP AND TRANSFERS
§ 4.01 INITIAL OWNERSHIP
[A] Introduction
[B] Works Made for Hire
Community for Creative Non-Violence v. Reid
Notes and Questions
[C] Joint Works
Childress v. Taylor
Notes and Questions
[D] Collective Works and the Tasini Case
§ 4.02 TRANSFERS OF RIGHTS
[A] Introduction
[B] Preliminary Concepts
[1] The Distinction Between Copyright and Material Object
[2] The Bundle of Rights
[C] Decisional Law
Effects Associates, Inc. v. Cohen
Notes and Questions
[D] The "New Media" Problem
[E] Recordation
[F] Orphan Works
Chapter 5 DURATION AND TERMINATIONS
§ 5.01 DURATION OF COPYRIGHTS
[A] Introduction
[B] Duration Basics Under the CTEA
Eldred v. Ashcroft
Notes and Questions
[C] The Law of Renewal
[1] Renewal Basics
[2] Renewal and Derivative Works
[3] Automatic Renewal
[D] Restored Copyrights
§ 5.02 TERMINATIONS OF TRANSFERS
[A] § 203 Terminations: Post-1977 Transfers
[1] Introduction
[2] Summary of Provisions of § 203
[B] § 304(c) Terminations: Pre-1978 Transfers
[1] Introduction
[2] Summary of Provisions of § 304(c)
[C] § 304(d) Terminations
[D] The Mechanics of Termination
[1] Summary
[2] Decisional Law
Siegel v. Warner Brothers Entertainment, Inc.
Notes and Questions
[E] The Derivative Works Exception
Chapter 6 PUBLICATION AND FORMALITIES
§ 6.01 PUBLICATION
[A] Introduction
[B] Publication in the Courts
Academy of Motion Picture Arts and Sciences v. Creative House Promotions, Inc.
Notes and Questions
[C] Publication, Derivative Works, and the Public Domain
§ 6.02 NOTICE
[A] Introduction
House Report on the Berne Convention Implementation Act of 1988 (Excerpts)
[B] Concepts and Procedures
U.S. Copyright Office Circular 3: Copyright Notice (Excerpts) )
Notes and Questions
[C] Notice for Compilations and Collective Works
§ 6.03 DEPOSIT AND REGISTRATION
[A] Introduction
Joint Explanatory Statement on Amendment to S. 1301 [the Berne Convention Implementation Act of 1988]
[B] Concepts and Procedures
U.S. Copyright Office Circular 1: Copyright Basics (Excerpts)
Notes and Questions
[C] Registration of Collective and Derivative Works
§ 6.04 THE COPYRIGHT OFFICE
[A] Introduction
[B] History and Functions of the Copyright Office
[C] Combining the Copyright Office with the Patent and Trademark Office
Chapter 7 EXCLUSIVE RIGHTS AND THEIR LIMITATIONS
§ 7.01 OVERVIEW
[A] Introduction
[B] The "Architecture" of Rights and Limitations
[C] Statutory (or "Compulsory") Licenses
[D] Exclusive Rights in the Networked Information Environment
[E] Miscellaneous Rights: In and Beyond Copyright
[1] In General
[2] Copyright Management Information
§ 7.02 THE REPRODUCTION RIGHT
[A] Introduction
[B] Reproduction in Copies
Walt Disney Productions v. Filmation Associates
Notes and Questions
[C] Reproduction in Phonorecords
[D] Electronic Reproduction
Cartoon Network v. CSC Holdings, Inc.
Notes and Questions
§ 7.03 THE ADAPTATION RIGHT
[A] Introduction
[B] Case Law
Lee v. A.R.T. Company
Notes and Questions
§ 7.04 THE PUBLIC DISTRIBUTION RIGHT
[A] Introduction
[B] Domestic Distribution
London-Sire Records, Inc. v. Doe 1
Notes and Questions
[C] Import and Export Rights
§ 7.05 THE PUBLIC PERFORMANCE RIGHT
[A] Public Performances
[1] Introduction
[2] Case Law
Columbia Pictures Industries, Inc. v. Aveco, Inc.
Notes and Questions
[3] Performing Rights Societies
[4] Small and Grand Performing Rights
[5] Synchronization Rights
[6] Digital Network Transmissions
[7] Performance Rights in Sound Recordings
Notes and Questions
[B] Secondary Transmissions
[1] Introduction
[2] The § 110ƕ) Aiken Exemption
National Football League v. McBee & Bruno's, Inc.
Notes and Questions
[3] The Cable System Limitations
[4] The Satellite Carrier Limitations
[5] Current Issues in the Law of Retransmission
§ 7.06 THE PUBLIC DISPLAY RIGHT
[A] Introduction
[B] Case Law
Perfect 10, Inc. v. Amazon.com, Inc.
Notes and Questions
§ 7.07 THE DIGITAL PERFORMANCE RIGHT IN SOUND RECORDINGS
[A] Introduction
[B] Highlights of the DPRA
Notes and Questions
§ 7.08 MORAL RIGHTS
[A] A Comparative Overview
[B] Protection Outside the Copyright Act
[C] Copyright Protection: The Visual Artists Rights Act of 1990
[1] Introduction
[2] Case Law
Phillips v. Pembroke Real Estate, Inc.
Notes and Questions
Chapter 8 INFRINGEMENT ACTIONS
§ 8.01 INTRODUCTION
§ 8.02 FRAMING THE LAWSUIT
[A] Jurisdictional Matters
T.B. Harms Co. v. Eliscu
Notes and Questions
[B] Other Procedural Matters
Cortner v. Israel
Notes and Questions
§ 8.03 PROVING THE CLAIM
[A] Formulating a 'General Test' for Infringement
[B] Copying
Bright Tunes Music Corp. v. Harrisongs Music, Ltd.
Notes and Questions
Ty, Inc. v. GMA Accessories, Inc.
Notes and Questions
[C] Improper Appropriation
[1] By Way of Overview
[2] Illustrative Cases
Nichols v. Universal Pictures Corp.
Peter Pan Fabrics, Inc. v. Martin Weiner Corp.
Notes and Questions
Laureyssens v. Idea Group, Inc.
Notes and Questions
Computer Associates International, Inc. v. Altai, Inc.
Notes and Questions
Tufenkian Import/Export Ventures Inc. v. Einstein Moomjy, Inc.
Notes and Questions
§ 8.04 EXTRATERRITORIALITY AND CONFLICTS OF LAWS
[A] Extraterritoriality
Subafilms, Ltd. v. MGM-Pathe Communications Co.
Notes and Questions
[B] Conflict of Laws
Itar-Tass Russian News Agency v. Russian Kurier, Inc.
Notes and Questions
Chapter 9 SECONDARY LIABILITY
§ 9.01 CONTRIBUTORY INFRINGEMENT AND VICARIOUS LIABILITY
[A] Introduction
[B] Case Law
Fonovisa, Inc. v. Cherry Auction, Inc.
Notes and Questions
§ 9.02 MANUFACTURING AND DISTRIBUTING COPYING DEVICES
[A] Case Law
Sony Corp. of America v. Universal City Studios, Inc.
Notes and Questions
[B] The Audio Home Recording Act
[1] Introduction
[2] Highlights of the AHRA
Notes and Questions
§ 9.03 SECONDARY LIABILITY ON THE INTERNET
[A] Introduction
[B] Limitation of Liability for Online Service Providers
[C] Peer-to-Peer File Sharing
Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.
Notes and Questions
[D] Other Online Issues
§ 9.04 TECHNOLOGICAL PROTECTION MEASURES AND CIRCUMVENTION DEVICES
[A] Anti-Circumvention Measures
Notes and Questions
[B] Case Law
Universal City Studios, Inc. v. Corley
Notes and Questions
Chapter 10 FAIR USE AND AFFIRMATIVE DEFENSES
§ 10.01 INTRODUCTION: THE FAIR USE DOCTRINE
§ 10.02 THE FUNDAMENTALS OF FAIR USE
[A] Judicial Origins
Folsom v. Marsh
Notes and Questions
[B] Analyzing Fair Use Today
Campbell v. Acuff-Rose Music, Inc.
Notes and Questions
§ 10.03 CONCEPTUAL ISSUES IN FAIR USE
[A] Copyright and the First Amendment
Harper & Row, Publishers, Inc. v. Nation Enterprises
Notes and Questions
[B] The Meaning of "Transformative Use"
Bill Graham Archives v. Dorling Kindersley Ltd.
Notes and Questions
[C] Actual and Potential Market Effect
Notes and Questions
[D] Photocopying, Guidelines, and "Personal Reproduction"
[1] Photocopying
[2] The Role of Guidelines
[3] Modern Technology and "Personal Reproduction"
§ 10.04 FAIR USE AND TECHNOLOGY
[A] Fair Use and Decompilation
[B] Fair Use and the Internet
Kelly v. Arriba Soft Corp.
Notes and Questions
[C] Fair Use and Technological Protection Measures Under the DMCA
§ 10.05 FAIR USE IN COMPARATIVE PERSPECTIVE
[A] The Singularity of U.S. Fair Use
[B] International Treaties and the Future of Fair Use
§ 10.06 AFFIRMATIVE COPYRIGHT DEFENSES
Chapter 11 REMEDIES, PREEMPTION, AND RELATED BODIES OF LAW
§ 11.01 REMEDIES UNDER FEDERAL LAW
[A] Introduction
[B] Non-Monetary Relief
[1] Preliminary and Permanent Injunctions
Paramount Pictures Corp. v. Carol Publishing Group
Notes and Questions
[2] Impoundment and Disposition
[C] Damages
[1] Plaintiff's Damages and Defendant's Profits
Polar Bear Productions, Inc. v. Timex Corporation
Notes and Questions
[2] Statutory or "In Lieu" Damages
Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc.
Notes and Questions
[D] Costs and Attorneys' Fees
[E] Federal Remedies and Rights Management
[F] Criminal Penalties
§ 11.02 PREEMPTION AND STATE LAW REMEDIES
[A] Introduction
[B] Misappropriation and the General Problem of Preemption
[C] Preemption Under the Supremacy Clause
Bonito Boats, Inc. v. Thunder Craft Boats, Inc.
Notes and Questions
[D] Preemption Under the 1976 Act
[1] Section 301: A Study in Confusion
[2] The Struggle in the Courts
Katz, Dochtermann & Epstein, Inc. v. Home Box Office
Notes and Questions
Bowers v. Baystate Technologies, Inc.
Notes and Questions
§ 11.03 RELATED BODIES OF FEDERAL AND STATE LAW
[A] Passing Off and the Protection of Trade Dress Under Federal Law
Dastar Corporation v. Twentieth Century Fox Film Corporation
Notes and Questions
[B] Idea Protection
Murray v. National Broadcasting Co., Inc.
Notes and Questions
[C] The Right of Publicity
White v. Samsung Electronics America, Inc.
Notes and Questions
Chapter 12 EPILOGUE: THE HORIZON OF COPYRIGHT
Table of Cases
Table of Principal Discussions of Provisions of the Copyright Act of 1976 as Amended
Table of Legislative History Excerpts
Index

Craig Joyce

Professor Joyce teaches copyright, American legal history, and torts. He is a graduate of Dartmouth College, Oxford University, and Stanford Law School. He practiced law in Phoenix, Arizona, with Fennemore, Craig, von Ammon & Udall, before entering legal academia.

Marshall Leaffer

Professor Leaffer, formerly the Anderson-Fornoff Professor of Law and Values at the University of Toledo College of Law, is an internationally known intellectual property law scholar. He received his JD at the University of Texas and his LLM in Trade Regulation at New York University Law School.

Peter Jaszi

Peter Jaszi teaches domestic and international copyright law, as well as law and literature. He also directs the Glushko-Samuelson Intellectual Property Law Clinic and helped to establish the Program on Intellectual Property and Information Justice.

Tyler T. Ochoa

Professor Ochoa is a recognized expert in copyright law and rights of publicity. He joined the Santa Clara Law faculty in 2003, and he served as Academic Director of the High Technology Law Institute for the 2005-2006 academic year. Prior to joining Santa Clara Law, Professor Ochoa served as a professor and co-director of the Center for Intellectual Property Law at Whittier Law School.