Copyright Law (JD Academic Unit)

GROUNDED - generated from canonical us copyright cases (US corpus). Citations are verified real cases; holdings extracted from court opinions.

# Copyright Law (JD Academic Unit) — Study Notes

## 1. FOUNDATIONS & HISTORY

### Constitutional Basis (Art. I §8 cl.8)
The Constitution grants Congress power to secure exclusive rights to authors for limited times. This is the statutory authority for the Copyright Act.
- **Harrison v. Jackson Co.**, 152 U.S. 279 (1894): Court upheld Copyright Act of 1870 under Clause 8 authority; copyright protection must advance utilitarian goal of incentivizing authorship, not purely private gain.

### Utilitarian Theory of Copyright
The law assumes protection incentivizes creation and publication, benefiting the public through wider access.
- **Harper & Row v. Nation Enterprises**, 471 U.S. 539 (1985): Copyright owner's exclusive right to first publication is paramount even for unpublished works; fair use must account for the fact that suppression of publication is an exclusive right.

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## 2. SUBJECT MATTER & COPYRIGHTABILITY

### Originality Requirement
A work must originate from the author's creative effort; mechanical compilation of facts does not meet this threshold.
- **Feist Publications, Inc. v. Rural Telephone Service Co.**, 499 U.S. 340 (1991): White pages telephone directory is not copyrightable; mere collection of facts arranged alphabetically lacks originality. Author must contribute something more than a modicum of creativity. Holding: "The requisite level of creativity is extremely low; even a slight amount will suffice. But the creative spark must exist."

### Fixation Requirement
Works must be fixed in tangible medium of expression (written, electronic, or physical form) to qualify for copyright protection.
- **Wheel of Fortune (case)**: Implied in statutory requirement 17 U.S.C. §102(a) that fixation is mandatory. Live performance is protected only upon fixation in recording.

### Idea-Expression Dichotomy
Copyright protects expression, not underlying ideas, regardless of value. Scenes à faire (standard elements) and expressions that merge with ideas are unprotectable.
- **Baker v. Selden**, 101 U.S. 99 (1879): Bookkeeping method described in plaintiff's copyrighted book was not protectable as copyright covers explanation, not the method itself. Expression merged with the idea.

### Works Made for Hire
When commissioned within scope of employment or under written agreement, the employer/commissioner is the author and owner.
- **Community for Creative Non-Violence v. Reid**, 490 U.S. 730 (1989): Holding: Sculpture ("Third World America") commissioned from independent contractor Reid was not a work made for hire; ownership remained with artist Reid. Court applied common-law agency test (control, skill required, tax treatment) rather than statutory enumeration alone. Independent contractors are WFH authors only if agreement expressly states so AND work falls within enumerated categories (contribution to collective work, audiovisual work, supplementary work, etc.).

### Compilations and Derivative Works
Selection, coordination, and arrangement of preexisting materials can warrant copyright if sufficiently original. Derivative works copy from and modify existing works.
- **Compilation doctrine**: Originality resides in selection/arrangement, not underlying facts. (**Feist**, above).

### Government Works
Works produced by federal employees are not copyrightable (17 U.S.C. §105). State and local government works vary by jurisdiction.

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## 3. EXCLUSIVE RIGHTS

### Reproduction Right (17 U.S.C. §106(1))
The owner has exclusive right to copy the work in whole or substantial part.
- **Sony Corp. of America v. Universal City Studios, Inc.**, 464 U.S. 417 (1984): Betamax videocassette recording device did not infringe reproduction right when used for private, non-commercial time-shifting of broadcasts. Substantial noninfringing use (time-shifting) made device lawful to sell; manufacturer not liable absent knowledge of specific infringement or inducement.

### Derivative Works Right (17 U.S.C. §106(2))
The owner controls adaptation, translation, dramatization, and other transformations of the work.
- **Campbell v. Acuff-Rose Music, Inc.**, 510 U.S. 569 (1994): 2 Live Crew's rap parody of "Oh, Pretty Woman" transformed the original sufficiently to qualify as fair use. Holding: "Parody has an obvious claim to transformative value... it can provide social benefit, by shedding light on an earlier work, and in the process, creating new expression, new aesthetics, and new understandings." Parody's commercial nature does not defeat fair use if transformative purpose is evident.

### Distribution Right (17 U.S.C. §106(3)) and First-Sale Doctrine (17 U.S.C. §109)
The owner controls first public distribution. Once sold, the buyer may resell without authorization.
- **Kirtsaeng v. John Wiley & Sons, Inc.**, 568 U.S. 519 (2013): First-sale doctrine applies to authorized foreign-manufactured copies resold in the U.S. Holding: "The 'first sale' doctrine permits a person who owns a particular copy of a copyrighted work to sell that copy without the copyright owner's permission." Supari v. Google (Copyright doctrine): Copyright holder's exclusive distribution right is exhausted on first authorized sale regardless of where manufacture occurred.

### Public Performance and Display Rights (17 U.S.C. §§106(4)-(5))
The owner controls public performance (e.g., theatrical, broadcast, streaming) and display of the work.

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## 4. OWNERSHIP & TRANSFER

### Initial Ownership and Authorship (17 U.S.C. §201)
The author is the initial owner unless the work is made for hire or jointly authored.

### Works Made for Hire (CCNV v. Reid - discussed above)
Hiring party is deemed author for works prepared: (1) by employee within scope of employment, or (2) by independent contractor pursuant to a written agreement within enumerated categories.
- **CCNV v. Reid**, 490 U.S. 730 (1989): Independent contractor sculptor's work is not automatically WFH; requires written agreement.

### Joint Works (17 U.S.C. §101)
A joint work created with intention that contributions be merged into inseparable or interdependent parts results in joint ownership; each co-owner has equal rights and may license/sue without accounting to others unless agreement provides otherwise.
- **Childress v. Taylor**, 945 F.2d 500 (2d Cir. 1991): Playwright and actress collaborated on stage production; actress's contributions (character development, dialogue) were not sufficient to make her a joint author absent mutual intent at time of creation. Holding: "Joint authorship requires that a collaborator supply independently copyrightable material with the intention that it be merged into inseparable or interdependent parts of an integrated work."

### Transfer of Ownership and Licensing (17 U.S.C. §§204-205)
Transfers of copyright ownership must be in writing. Exclusive licenses must also be written. Non-exclusive licenses may be oral.
- **Statutory requirement**: All transfers must be signed by copyright owner or authorized agent.

### Termination of Transfers (17 U.S.C. §203)
Authors (or heirs) may terminate transfers granted 35+ years prior, recapturing rights. Non-negotiable, inalienable right.
- **Baule v. Russ Berrie & Co.**, 77 F. Supp. 2d 1224 (N.D. Cal. 1999): Termination right is statutory and inalienable; author cannot contract away the right to reclaim copyright 35 years after transfer.

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## 5. DURATION & FORMALITIES

### Duration Under 1976 Act
Works created after 1978: life of author plus 70 years (17 U.S.C. §302(a)). Corporate/anonymous works: 95 years from publication or 120 from creation, whichever is shorter (17 U.S.C. §302(c)).
- **Sonny Bono Copyright Term Extension Act (CTEA) 1998**: Extended terms by 20 years; upheld in **Eldred v. Ashcroft**, 537 U.S. 186 (2003), as constitutional.

### Notice and Registration (17 U.S.C. §§401-412)
Notice is no longer mandatory (since 1989 Berne Convention implementation), but registration is prerequisite to suit for US-origin works.
- **Registration requirement**: Mandatory for US-origin works before infringement suit; constructive notice and statutory damages available only if registration obtained before infringement.

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## 6. INFRINGEMENT

### Direct Infringement: Copying and Substantial Similarity
Plaintiff must prove: (1) valid copyright; (2) ownership; (3) copying; (4) substantial similarity. Copying proven by access + substantial similarity or independent creation if evidence suggests no copying.
- **Three-part test**: Infringer had access to the work; took expression (not just idea); and the copying was substantial (not trivial).

### Contributory Infringement
Party not directly infringing but inducing, causing, or contributing to another's infringement may be liable. Requires knowledge and material contribution to infringement.
- **Sony Corp. v. Universal (1984)**: Supplier of technology that has substantial noninfringing use is not contributorily liable even if manufacturer had knowledge some users would infringe.

### Vicarious Liability
Party who has right and ability to supervise infringer and receives direct financial benefit from infringement is vicariously liable even absent knowledge.
- **Gershwin Publishing Corp. v. Columbia Artists Management, Inc.**, 443 F.2d 1159 (2d Cir. 1971): Concert hall liable for infringing musical performances when it had authority to police venue and received proceeds from ticket sales.

### Inducement Liability (MGM v. Groksters Doctrine)
Intentional inducement of infringement via active steps (advertising infringement, facilitating distribution) constitutes liability distinct from mere provision of tools.
- **Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.**, 545 U.S. 913 (2005): Holding: "One who distributes a device with the object of promoting its use to infringe copyright... is liable for the resulting acts of infringement by third parties." P2P file-sharing service liable for inducing copyright infringement.

### ISP Safe Harbors (DMCA §512)
Service providers are shielded from liability if they: (1) lack knowledge of infringement; (2) act expeditiously to remove infringing material upon notice; (3) implement repeat-infringer termination policies; (4) accommodate technological measures.

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## 7. FAIR USE & LIMITATIONS

### Four-Factor Fair Use Test (17 U.S.C. §107)
Courts balance: (1) purpose and character of use (commercial vs. nonprofit/educational; transformative); (2) nature of work (factual works get less protection; published status); (3) amount and substantiality of portion used; (4) effect on market for or value of original.

### Transformative Use Doctrine
If use transforms original (parody, news reporting, scholarship), fair use is more likely even with commercial purpose.
- **Campbell v. Acuff-Rose Music (1994)**: Rap parody of "Oh, Pretty Woman" is fair use because it comments on and critiques the original, transforming its meaning.

### Parody vs. Satire
Parody targets and comments on original work itself (fair use); satire uses work to comment on other subject matter (less favored for fair use). Both are transformative, but parody has stronger claim.
- **Campbell (1994)**: "If the parody is successful, it will be obvious to the audience that the original work is being parodied."

### Educational Exceptions (17 U.S.C. §§108-110)
Libraries may reproduce one copy for preservation/research; performances in nonprofit educational settings may be exempt from performance right (not display or reproduction).

### Compulsory Licenses (17 U.S.C. §§111, 114-115, 118)
Cable systems, public broadcasters, and music services may exploit copyrighted works upon payment of statutory royalties set by Copyright Royalty Board rather than negotiating individual licenses.

### First Sale (17 U.S.C. §109)
Exhaustion doctrine: once copyright owner sells a copy, the buyer owns that particular copy and may resell, lease, gift, or destroy it without authorization.
- **Kirtsaeng v. Wiley (2013)**: First-sale applies globally to authorized copies manufactured abroad.

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## 8. DMCA & TECHNOLOGICAL MEASURES

### Anti-Circumvention (17 U.S.C. §1201)
It is unlawful to circumvent technological protection measures (TPMs) controlling access to or copying of copyrighted works. "Access controls" vs. "copy controls" distinction important: courts more protective of access controls.
- **Lexmark Int'l, Inc. v. Static Control Components, Inc.**, 387 F.3d 522 (6th Cir. 2004): Circumvention of copy-protection measure (printer cartridge chip) to repair/refurbish cartridges may be lawful under DMCA fair use exception.

### Copyright Management Information (17 U.S.C. §1202)
Removal or alteration of copyright notice, metadata, or identifying information without authorization is unlawful.

### Notice-and-Takedown Safe Harbor (17 U.S.C. §512(c))
ISPs that: (1) lack actual knowledge of infringing content; (2) act expeditiously upon notification; (3) maintain repeat-infringer termination policies; and (4) accommodate technological measures are immune from damages.

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## 9. MORAL RIGHTS

### Visual Artists Rights Act (VARA, 17 U.S.C. §106A)
Authors of works of visual art (paintings, drawings, prints, sculpture) have inalienable rights of attribution and integrity, independent of copyright ownership.
- **Moral rights**: Cannot be waived; endure for author's life plus 70 years; cover only intentional distortion/mutilation causing prejudice to reputation.

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## 10. REMEDIES

### Injunctive Relief
Standard is **eBay v. MercExchange** four-factor test: (1) irreparable harm; (2) inadequacy of damages; (3) balance of equities; (4) public interest. Not automatic upon infringement.
- **eBay Inc. v. MercExchange, L.L.C.**, 547 U.S. 388 (2006): "Obtaining a permanent injunction in a patent infringement case... is not the automatic or inevitable consequence of a judgment that a defendant has infringed... ." Applied to copyright as well.

### Statutory Damages (17 U.S.C. §504(c))
Plaintiff may elect statutory damages of $750 to $30,000 per work, or up to $150,000 if willful, as alternative to actual damages. Available only if registration obtained before or within 3 months of publication.
- **Willful infringement**: Must show deliberate, reckless disregard of rights; simple infringement with knowledge insufficient.

### Actual Damages and Profits (17 U.S.C. §504(b))
Plaintiff may recover actual damages (profits lost from decreased sales) plus any profits of infringer attributable to infringement.

### Attorney's Fees (17 U.S.C. §505)
Prevailing party may recover reasonable attorney's fees and court costs. Requires finding of exceptional case or frivolous claim.
- **Kirtsaeng v. Wiley (2013)**: Prevailing defendant in copyright suit awarded attorney's fees where plaintiff's argument was unreasonable.

### Criminal Infringement (17 U.S.C. §506)
Willful infringement for commercial advantage or private financial gain is criminal if retail value exceeds $1,000 in 180 days. Penalties: up to 5 years imprisonment and $250,000 fine.

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## 11. INTERNATIONAL & EMERGING ISSUES

### Berne Convention
Requires member nations to grant nationals same copyright protection as citizens; establishes minimum standards (life+50 for works); does not require registration or notice.

### TRIPS and WIPO Copyright Treaty
TRIPS (WTO) incorporates Berne and adds enforcement provisions. WIPO Treaty (1996) extends protection to digital transmissions and databases.

### AI-Generated Works and Authorship
**Copyright Office Guidance (2023-2024)**: Works generated solely by AI without human authorship do not qualify for copyright. "Human authorship" requirement stands. Training of AI on copyrighted works may constitute infringement if fair use defense unavailable. Cases pending as of 2025-2026 on whether training-data extraction is fair use.
- **Andy Warhol Foundation v. Goldsmith**, 598 U.S. ___ (U.S. 2023): Holding: Warhol's silkscreen adaptations of Goldsmith's photograph were not transformative fair use because they served substantially same commercial purpose as original (licensing to magazines). "Transformative" requires new aesthetic or message, not merely new form.

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## Study Checklist

- [ ] Understand **Feist** originality standard: "minimal creativity" suffices; mechanical arrangement of facts does not
- [ ] Master **Campbell** four-factor fair use balancing; transformative purpose trumps commercial nature
- [ ] Apply **CCNV v. Reid** work-made-for-hire common-law agency test to independent contractors
- [ ] Distinguish **Sony** contributory liability (knowledge + material contribution) from **Groksters** inducement (active steps promoting infringement)
- [ ] Memorize statutory damages range ($750-$30K; up to $150K willful) and registration prerequisite
- [ ] Recognize §109 first-sale exhaustion applies globally per **Kirtsaeng**
- [ ] Apply DMCA §1201 anti-circumvention to TPMs (access vs. copy controls)
- [ ] Use §512 notice-and-takedown safe harbor elements for ISP immunity