COPYRIGHTS PROF JANICKE FALL 2018 CONSTITUTIONAL POWER ART

COPYRIGHTS PROF. JANICKE FALL 2018

CONSTITUTIONAL POWER • ART. I, SEC. 8 (8): 2018 SCIENCE USEFUL ARTS AUTHORS INVENTORS WRITINGS DISCOVERIES Copyrights 2

REQUISITES FOR PROTECTION: • ORIGINALITY (i. e. NOT COPIED) • WORK OF AUTHORSHIP • FIXATION 2018 Copyrights 3

FIXATION REQUIREMENT • WORK MUST BE FIXED IN A TANGIBLE MEDIUM OF EXPRESSION (§ 102) • MORE THAN TRANSITORY TIME (§ 101) • HENCE, NOT COPYRIGHTED: – MY CLASSES (WITH NO RECORDING) – PASTOR’S UNWRITTEN SERMON 2018 Copyrights 4

WORKS COVERED • • 2018 LITERARY (INCL. SOFTWARE) MUSICAL (INCL. WORDS) DRAMATIC (INCL. MUSIC) PANTOMIME / CHOREOGRAPHY PICTORIAL, GRAPHIC, SCULPTURAL MOTION PICTURES AND OTHER A/V ARCHITECTURAL WORKS Copyrights 5

**NOTE**: • **TRANSMISSION IS A PUBLIC PERFORMANCE INFRINGEMENT** • RADIO/TV STATIONS NEED A LICENSE 2018 Copyrights 6

WORKS COVERED • SOUND RECORDINGS (AS SEPARATE WORKS) – RECORD USUALLY HAS MORE THAN ONE “WORK” ON IT: • THE RECORDING WORK, AND • THE UNDERLYING (E. G. , MUSIC) WORK (WHICH COULD IN TURN BE BASED ON A POEM) • THE ARRANGEMENT OF THE MUSIC 2018 Copyrights 7

– SOMETIMES NOT CLEAR WHO THE “AUTHOR” OF THE RECORDING WORK (“SOUND RECORDING”) IS: • SINGER, BAND, STUDIO ENGR. ? • USUALLY HANDLED BY CONTRACT – COPYRIGHT IS OWNED BY THE AUTHOR, UNTIL ASSIGNED 2018 Copyrights 8

GOVERNMENT WORKS • NO COPYRIGHT IF IT IS CREATED BY U. S. GOVERNMENT ACTIVITY § 105 • BUT U. S. CAN ACQUIRE OTHERS’ COPYRIGHTS IN THEIR WORKS 2018 Copyrights 9

ORIGINALITY REQUIREMENT (§ 102) • NOT HARD TO MEET • SLOGAN MAY BE TOO SHORT (TRY TRADEMARK) • DOESN’T MEAN NEW • TWO PEOPLE THINK OF THE SAME POEM → TWO VALID COPYRIGHTS 2018 Copyrights 10

ORIGINALITY REQUIREMENT MET (§ 102) • EXAMPLE: TAKING A PHOTOGRAPH OF A TREE THAT HAS BEEN PHOTOGRAPHED BEFORE • EXAMPLE: PAINTER COPYING THE MONA LISA [NO PERMISSION NEEDED IN THIS INSTANCE, BECAUSE ORIGINAL WORK IS VERY OLD, IN THE PUBLIC DOMAIN] 2018 Copyrights 11

WHAT IS NOT ENOUGH • WHITE PAGES OF PHONE BOOK (FEIST PUBLICATIONS, INC. v. RURAL TELEPHONE SERVICE CO. , 499 U. S. 340 (1991) 2018 Copyrights 12

IDEA-EXPRESSION DICHOTOMY • THE CENTRAL DOCTRINE OF COPYRIGHT LAW (§ 102(b)) • NO PROTECTION FOR IDEAS – OTHERS CAN TAKE IT FREELY, USE IT IN THEIR OWN ORIGINAL WORKS • ONLY PROTECTION IS FOR HOW YOU EXPRESS THE IDEA 2018 Copyrights 13

IDEA-EXPRESSION DICHOTOMY • EXAMPLE: I WRITE A BOOK DESCRIBING THE CONSTRUCTION OF BRIDGES: MATERIALS NEEDED; WORKERS NEEDED; ETC. – YOU BUILD A BRIDGE USING THE IDEAS IN MY BOOK – NOT AN INFRINGEMENT – YOU PHOTOCOPY THE BOOK – IS AN INFRINGEMENT 2018 Copyrights 14

IDEA-EXPRESSION DICHOTOMY • EXAMPLE: I WRITE A BOOK ON THE MAIN FEATURES OF ELECTION CAMPAIGNS, WITH SUGGESTIONS • YOU PLAN AND CARRY OUT A CAMPAIGN USING MY SUGGESTIONS – NOT AN INFRINGEMENT; IDEAS ONLY • COPYING CHAPTERS OF MY BOOK – IS AN INFRINGEMENT; TAKING MY EXPRESSION 2018 Copyrights 15

COMPILATIONS • CAN BE “ORIGINAL” WORKS; COPYRIGHTED UPON FIXATION, IF THE PIECES WERE LAWFULLY TAKEN (§ 103(a)) • ANTI-COPYING FOR THIS WORK EXTENDS ONLY TO THE SELECTION OR ARRANGEMENT (i. e. , THE SEQUENCING) (§ 103(b)) – ADD’L SUITS FOR COPYING THE INDIVIDUAL PIECES WILL COME FROM THE AUTHORS OF THEM 2018 Copyrights 16

DERIVATIVE WORKS • PERHAPS THE MOST POWERFUL AND VALUABLE OF ALL COPYRIGHTS • A WORK “BASED UPON” ANOTHER WORK • EXAMPLES: – SCREENPLAY FROM A BOOK (2 ©s) – TRANSLATION OF A NOVEL (2 ©s) – ORCHESTRATION OF A SONG/ARIA (e. g. , Liebestod from Tristan und Isolde) (2 ©s) 2018 Copyrights 17

• USUALLY, THE DERIVATIVE WORK IS BY A DIFFERENT AUTHOR • TO MAKE THE DERIVATIVE WORK: – NEED PERMISSION FROM WHOEVER NOW OWNS THE COPYRIGHT ON THE UNDERLYING WORK – NO PERMISSION NEEDED IF UNDERLYING WORK COPYRIGHT HAS EXPIRED 2018 Copyrights 18

WHERE THE UNDERLYING WORK IS STILL UNDER COPYRIGHT • IF DERIVATIVE WORK IS MADE WITHOUT PERMISSION OF UNDERLYING COPYRIGHT OWNER: 1. IT IS AN INFRINGEMENT; AND 2. NO NEW COPYRIGHT IS CREATED! • IF DERIVATIVE WORK IS MADE WITH PERMISSION: IT IS A SECOND COPYRIGHTED WORK 2018 Copyrights 19

EXAMPLE • A COPYRIGHTED PLAY • SOMEONE WITH PERMISSION MAKES A MOVIE • RESULT: A SECOND COPYRIGHT EXISTS, OWNED BY THE MOVIEMAKER 2018 Copyrights 20

• SOMEONE WHO COPIES A SUBSTANTIAL PORTION OF THE FILM WILL FACE TWO INFRINGEMENT SUITS: – ONE BY OWNER OF COPYRIGHT ON THE PLAY – ONE BY OWNER OF COPYRIGHT ON THE DERIVATIVE FILM 2018 Copyrights 21

WHEN IDEA (UNPROTECTABLE) AND EXPRESSION (PROTECTABLE) COLLIDE • SOMETIMES HARD TO TELL WHICH IS WHICH • CALLED “MERGER” • IN THAT CASE, COPYRIGHT PROTECTION FAILS BAKER v. SELDEN, 101 U. S. 99 (1879) 2018 Copyrights 22

EXAMPLE OF MERGER • I WRITE AN ARTICLE SAYING JACK SMITH SHOULD RUN FOR GOVERNOR • YOU MAKE UP CAMPAIGN SIGNS SAYING “JACK SMITH FOR GOVERNOR” • THE IDEA AND ITS EXPRESSION HAVE MERGED; NO INFRINGEMENT 2018 Copyrights 23

CASES • MAZER v. STEIN • LAUREYSSENS 2018 Copyrights 24

RIGHTS • ARE DIVISIBLE FOR LICENSING OR ASSIGNMENT • THERE ARE NO REDUNDANCIES >>> 2018 Copyrights 25

RIGHTS • MAKE COPIES (§ 106(1)) • CREATE DERIVATIVE WORKS (§ 106(2)) – VERY POWERFUL, ESP. WHEN INFRINGEMENT CLAIM FAILS – APPLIES EVEN IF DERIV. WORK IS ORIGINAL AND WOULD BE COPYRIGHTED • DISTRIBUTE COPIES PUBLICLY, EVEN IF YOU DIDN’T MAKE THEM (§ 106(3)) 2018 Copyrights 26

RIGHTS • IF PERFORMABLE: PERFORM THE WORK PUBLICLY § 106(4) • IF DISPLAYABLE: DISPLAY THE WORK PUBLICLY § 106(5) – BUT: NON-COPYRIGHT HOLDER WHO OWNS THE PHYSICAL WORK (e. g. PAINTING) OR LAWFUL COPY IS ALLOWED TO DISPLAY IT PUBLICLY OR AUTHORIZE OTHERS (MUSEUM) TO DO SO§ 109(c) 2018 Copyrights 27

“MORAL RIGHTS” • WE HAVE THEM IN THE COPYRIGHT STATUTE, BUT ONLY FOR FINE ART WORKS, WHERE NO MORE THAN 200 NUMBERED COPIES ARE MADE BY THE “AUTHOR”: – – – 2018 PAINTINGS DRAWINGS PRINTS STILL PHOTO PRINTS SCULPTURE CASTINGS Copyrights 28

“MORAL RIGHTS” 1. ATTRIBUTION § 106 A (a)(1) – DON’T SAY IT IS BY JACK SPRATT IF IT’S BY ME – INCLUDES A RIGHT OF NONATTRIBUTION IF IT’S NOT MINE • IF ALTERED IN SOME WAY, IT’S NOT MINE; CAN’T ATTRIBUTE TO ME 2018 Copyrights 29

MORAL RIGHTS (CONT’D) 2. INTEGRITY § 106 A (a)(3) – DON’T CHANGE MY WORK (REGARDLESS OF ATTRIBUTION) – EXAMPLE: I PAINT A PORTRAIT; YOU BUY IT; YOU WANT TO ADD A MUSTACHE – A VIOLATION, EVEN THOUGH THE PAINTING IS YOURS 2018 Copyrights 30

“MORAL RIGHTS” • ARE NOT ASSIGNABLE § 106 A (e) • TERM: LIFE § 106 A(d) 2018 Copyrights 31

“MORAL RIGHTS” • ARE BIG IN OTHER COUNTRIES – FOR ALL KINDS OF WORKS, E. G. , BOOKS • IN U. S. , PROTECTION BY THE COPYRIGHT LAW IS LIMITED TO WORK OF VISUAL ART 2018 Copyrights 32

RETURNING TO ALL COPYRIGHTED WORKS (NO LONGER TALKING ABOUT MORAL RIGHTS) 2018 Copyrights 33

“INFRINGING” A COPYRIGHTED WORK MEANS: • EITHER: COPYING A SUBSTANTIAL PORTION OF PROTECTED MATTER FROM THE WORK • OR: NOT COPYING EXACTLY, BUT PRODUCING A SUBSTANTIALLY IDENTICAL PORTION AFTER ACCESS 2018 Copyrights 34

CASE • PARAMOUNT 2018 Copyrights 35

RECAP: SUBJECT TO CERTAIN EXEMPTIONS, THE INFRINGING ACTS ARE: • MAKING “COPIES” • MAKING A DERIVATIVE WORK MOST POWERFUL TRAP FOR CLIENTS; NO NEED TO PROVE “COPYING, ” ONLY ACCESS • DISTRIBUTING “COPIES” PUBLICLY • PERFORMING WORK PUBLICLY • DISPLAYING WORK PUBLICLY § 106 2018 Copyrights 36

“THE RIGHTS” • A VAGUE TERM IN COPYRIGHT • GOOD LAWYERS SAY: “SHE ACQUIRED THE RIGHT TO [MAKE A MOVIE; ADAPT THE SCRIPT (A DERIVATIVE WORK); MAKE SOUND RECORDINGS; PERFORM PUBLICLY; 2018 Copyrights _____” 37

FAIR USE DEFENSE • COULD BE FOR ANY TYPE OF WORK § 107 • PURPOSE IS NOT CONTROLLING – USE LEVEL MUST STILL BE “FAIR” 2018 Copyrights 38

THE FAIR-USE FACTORS: • PURPOSE AND CHARACTER OF USE – AN ALTRUISTIC OR SOCIALLY DESIRABLE PURPOSE HELPS, BUT IS NOT CONTROLLING – THE USE STILL HAS TO BE “FAIR” – RECEIVING $$ DOESN’T CREATE A PRESUMPTION OF UNFAIRNESS • NATURE OF THE COPYRIGHTED WORK -- EXPECTATIONS – COPYING MORE LIKELY TO BE FAIR IF FROM A SCIENCE HYPOTHESIS THAN FROM A SCULPTURE 2018 Copyrights 39

THE FAIR-USE FACTORS: • AMOUNT AND SUBSTANTIALITY OF THE PARTS TAKEN NO GUIDELINES AVAILABLE • IMPACT ON POTENTIAL MARKET FOR THE ORIGINAL WORK – SEEMS TO BE THE MOST IMPORTANT FACTOR BY FAR, IN ACTUAL COURT PRACTICE – INCLUDES THE DERIVATIVES MARKET 2018 Copyrights 40

BOOKS ABOUT FAMOUS PERSONS, PUBLIC OFFICIALS • FAIR USE IS NOT LIKE “FAIR COMMENT” IN DEFAMATION LAW – [OK TO DEFAME FAMOUS PERSON, IF NOT KNOWINGLY FALSE] • A BOOK BY OR ABOUT A FAMOUS PERSON OR POLITICIAN IS ENTITLED TO FULL COPYRIGHT PROTECTION 2018 Copyrights 41

CASE • HARPER & ROW 2018 Copyrights 42

THE PROBLEM OF PARODY AS FAIR USE • PARODY IS ENCOURAGED FOR POLICY REASONS, EVEN IF IT HURTS MARKET FOR TARGET WORK • EVERY PARODY TAKES SOME OF THE TARGET WORK, IN ORDER TO IDENTIFY IT • TAKING EXCESSIVE AMOUNT IS APT TO BE NOT FAIR Fisher v. Dees, 794 F. 2 d 432 (9 th Cir. 1986) 2018 Copyrights 43

CASES • FISHER v. DEES • SEGA v. ACCOLADE • TY INC. • MGM v. GROKSTER 2018 Copyrights 44

MANY SPECIAL EXEMPTIONS FROM BASIC INFRINGEMENT RULES • IN ADDITION TO FAIR USE, THE STATUTE PROVIDES VARIOUS NARROWLY TAILORED SPECIAL EXEMPTIONS FROM INFRINGEMENT: – LIBRARIES – CLASSROOM INSTRUCTION – RELIGIOUS SERVICES – STATE FAIRS 2018 Copyrights 45

EXEMPTION: RIGHT TO SELL YOUR OWN COPY • APPLIES TO A LAWFUL COPY § 109(a) • CAN ALSO RENT OUT for $$, EXCEPT FOR PHONORECORDS OR COMPUTER PROGRAMS § 109(b) – THESE HAD A BAD HISTORY OF PIRACY, LEADING TO CONG. RESTRICTIONS 2018 Copyrights 46

• PRIVATE, FREE LENDING OF RECORDINGS (e. g. , TO FRIENDS) IS OK – § 109 SAYS LENDING NOT ALLOWED FOR COMMERCIAL ADVANTAGE [“for the purposes of direct or indirect commercial advantage”] – (IT WOULD BE DISTRIBUTING-TYPE INFRINGEMENT) 2018 Copyrights 47

RECALL: • TRANSMISSION IS A PUBLIC PERFORMANCE, AN INFRINGEMENT OF THE AUTHOR’S COPYRIGHT – [BUT NOT INFRINGEMENT OF A PERFORMER’S COPYRIGHT] • RADIO/TV STATIONS NEED LICENSE TO PLAY A RECORDING 2018 Copyrights 48

EXEMPTION § 110(5)(A): HOME-SIZE RADIO/TV PLAYING A TRANSMISSION AT A PUBLIC BUSINESS LOCATION • PLAYING TRANSMISSIONS IN STORES, RESTAURANTS, BARS, OK IF: – NO CHARGE TO PATRONS FOR THE TRANSMISSION, and – LOCATION USES “PRIVATE HOMES” TYPE EQUIPMENT [? ? ] • SEEMINGLY COVERS ANY KIND OF WORK, ANY KIND OF PUBLIC TRANSMISSION § 110(5)(A) 2018 Copyrights 49

• 110(5)(A) EXEMPTION PROBABLY INCLUDES STREAMING COMMERCIAL TRANSMISSIONS [“PUBLIC’] • THE TROUBLE WITH THE EXEMPTION: IT IS VAGUE RE. EQUIPMENT • NEED SOMETHING MORE SPECIFIC? GO TO 110(5)(B) 2018 Copyrights 50

110(5)(B): SPECIFIC EXEMPTION FOR RECEIVED MUSIC 1. “RADIO” AND “TV” BROADCASTS ONLY (NOT STREAMING, ROKU, ETC. ) TRANSMISSIONS 2. MUSIC ONLY (NOT SPORTS) 3. ≤ 4 MONITORS, 6 SPEAKERS 4. THE (B) SAFE HARBORS ARE FURTHER LIMITED BY SIZE: 2018 Copyrights >>>51

THE SPECIFIC EXEMPTION (CONT’D) • FOR EAT-DRINK PLACES: – MUST BE LESS THAN 3, 750 SQ. FT. • FOR OTHER PLACES: – MUST BE LESS THAN 2, 000 SQ. FT. [NOTE THE OTHER LIMITATIONS IN THE PREVIOUS SLIDE] 2018 Copyrights 52

CAVEAT RE. 110(5) • NO EXEMPTION FOR PLAYING RECORDINGS AT A PUBLIC PLACE, WITHOUT PERMISSION • BOTH 110(5) (A) AND (B) REQUIRE A “TRANSMISSION” – THEREFORE, BROADCASTS or STREAMING FOR (A); ONLY BROADCASTS FOR (B) 2018 Copyrights 53

EXEMPTION: CERTAIN ACTS RE. COMPUTER PROGRAMS • NOT AN INFRINGEMENT TO: – MAKE A COPY IN ORDER TO USE THE PROGRAM LOADING IT INTO RAM – MAKE AN ARCHIVAL COPY 2018 § 117(a) Copyrights 54

INCORPORATING THE WORK INTO A USEFUL ARTICLE • REMAINS COPYRIGHTED See, e. g. , Mazer v. Stein, 347 U. S. 201 (1954) (glass figurines of dancers, used as lamp bases). 2018 Copyrights 55

COPYRIGHT IN SOUND RECORDINGS (PERFORMERS’ RIGHTS) • MORE LIMITED THAN COPYRIGHT IN THE UNDERLYING WORK (MUSIC) • NO RIGHT TO PROHIBIT PUBLIC PERFORMANCE OF THE RECORDING (i. e. , BY PLAYING THE RECORD) § 114(a) – EXCEPT: DIGITAL AUDIO [NARROWLY DEFINED • RECALL: ANY PUBLIC PERFORMANCE [INCLUDING PLAYING THE RECORD IN A PUBLIC PLACE] DOES INFRINGE THE COMPOSER’S PERFORMANCE RIGHT 2018 Copyrights 56

COPYRIGHT IN SOUND RECORDINGS (PERFORMERS’ RIGHTS) • SOUND RECORDING COPYRIGHT IS LIMITED TO PREVENTING MECHANICAL REPRODUCTION OF THE RECORDING OR PORTIONS THEREOF § 114(b) 2018 Copyrights 57

• THEREFORE, MAKING A RECORD IMITATING THE PRIOR ARTIST’S STYLE IS NOT AN INFRINGEMENT OF ANY SOUND RECORDING COPYRIGHT – WOULD STILL BE INFRINGEMENT OF THE COMPOSER’S COPYRIGHT – “REPRODUCING THE WORK IN … PHONORECORDS” § 106(1) 2018 Copyrights 58

COMPULSORY LICENSE TO MAKE SOUND RECORDING OF COMPOSER’S WORK • RIGHT TO MAKE A MUSIC SOUND RECORDING IS INITIALLY RESERVED TO THE COMPOSER • HOWEVER, ONCE SHE ALLOWS SOMEONE TO MAKE AND DISTRIBUTE A RECORDING IN U. S. , THE SITUATION CHANGES >>> 2018 Copyrights 59

1. ANYONE CAN MECHANICALLY COPY THE RECORDINGS, WITH PERMISSION FROM THE OWNER OF THE SOUND RECORDING COPYRIGHT – NO COMPOSER PERMISSION NEEDED 2. OR, ANYONE CAN THEN RECORD HER OWN [PRIVATE] PERFORMANCE § 115(a)(1) – NO PERMISSIONS AT ALL NEEDED 2018 Copyrights 60

THESE COPYISTS CAN THEN SELL THEIR RECORDS • MUST NOTIFY THE COPYRIGHT OWNER • MUST PAY A STATUTORY ROYALTY – ABOUT 1. 5 CENTS PER MINUTE OF PLAYING TIME, PER RECORD – OR 9 CENTS FOR AN MP 3 SONG UP TO 6 MINUTES 2018 Copyrights 61

CAVEATS: WHAT YOU DON’T GET • NO LICENSE TO DO A PUBLIC PERFORMANCE AND RECORD IT • NO LICENSE TO FIX ANYONE ELSE’S PERFORMANCE OF THE WORK § 1101(a) • NO AUTOMATIC LICENSE TO MECHANICALLY COPY ANOTHER’S 2018 RECORDING Copyrights 62

HOW TO COPY SOMEONE ELSE’S LAWFUL RECORDING • TO DO IT LAWFULLY, YOU NEED PERMISSION FROM THE OWNER OF THE SOUND RECORDING COPYRIGHT • YOU DO NOT NEED PERMISSION FROM THE COMPOSER; YOU CAN USE THE COMPULSORY LICENSE 2018 Copyrights 63

A NOTE ON ARCHITECTURAL WORKS: • NOT AN INFRINGEMENT TO TAKE A PICTURE OF IT, OR MAKE A PAINTING, ETC. , IF THE WORK IS IN PUBLIC VIEW § 120 • [NOTE: THESE ACTS WOULD NORMALLY BE FORBIDDEN AS DERIVATIVE WORKS] 2018 Copyrights 64

REMEDIES • INJUNCTION § 502 • DAMAGES § 504(a), (b) • AND D’s PROFITS § 504(a), (b) 2018 Copyrights 65

REMEDIES • IMPOUNDING – DURING LITIGATION § 503(a) • DESTRUCTION – AFTER TRIAL § 503(b) 2018 Copyrights 66

STATUTORY DAMAGES • STATUTORY DAMAGES ARE AVAILABLE AS ALTERNATIVE TO ACTUAL DAMAGES • $750 – $30, 000 PER WORK § 504, 505 • HIGHER BY JUDGE IF WILLFUL (UP TO $150, 000) • AVAILABLE ONLY IF PROMPT REGISTRATION OCCURRED § 412 2018 Copyrights 67

ATTORNEY FEES • IN COURT’S DISCRETION, AS PART OF “COSTS” § 505 • PROMPT REGISTRATION NEEDED 2018 Copyrights 68

REGISTRATION • NOT NEEDED TO OBTAIN COPYRIGHT – NOR TO LICENSE IT – NOR TO ASSIGN IT • NEEDED BEFORE SUIT CAN BE COMMENCED § 411 – BUT SUITS ARE RARE VIS-À-VIS # OF WORKS CREATED EVERY DAY [2016: 3, 086 FILINGS; ABOUT 40 TRIALS] 2018 Copyrights 69

REGISTRATION • IF SUIT IS BROUGHT, PROMPT REG. IS NEEDED TO RECOVER ATTORNEY FEES AND STATUTORY DAMAGES § 412 2018 Copyrights 70

CASE • ARTHUR RUTENBERG 2018 Copyrights 71

OWNERSHIP • INITIALLY IS IN THE “AUTHORS” • FOR WORK MADE FOR HIRE, HIRER IS THE AUTHOR >>> 2018 Copyrights 72

WHAT IS A “WORK MADE FOR HIRE”? • VERY NARROW; A WORK: – BY AN EMPLOYEE; OR – BY WRITTEN COMMISSION, BUT ONLY IN THE NINE CLASSES OF WORKS § 101 • IN ALL OTHER SITUATIONS, TITLE REQUIRES A SEPARATE ASSIGNMENT DOCUMENT 2018 Copyrights 73

DURATION OF COPYRIGHT • NORMALLY, LIFE OF AUTHOR + 70 YEARS § 302(a) • IF MULTIPLE AUTHORS, LAST TO DIE + 70 YEARS § 302(b) • WORKS MADE FOR HIRE: EARLIER OF 95 YEARS FROM 1 ST PUBLICATION or 120 YEARS FROM CREATION § 302(c) 2018 Copyrights 74

NOW YOU SEE IT, NOW YOU DON’T: REVOCATION OF COPYRIGHT ASSIGNMENTS and LICENSES • STATUTE CALLS IT “TERMINATION” § 203 • IT’S REALLY A STATUTORY RIGHT TO RENEGE ON AN AGREEMENT 2018 Copyrights 75

• THIS POWER OF TERMINATION EXISTS FOR LICENSES AS WELL – DESPITE EXPLICIT LICENSE TERMS TO THE CONTRARY 2018 Copyrights 76

TERMINATION • NO REASONS NEEDED – TERMINATOR DOES NOT HAVE TO BE REASONABLE • BUT: NO TERMINATION POWER OVER WORKS MADE FOR HIRE – RECALL THE NARROW DEFINITION; MOST COMMISSIONED WORKS DO NOT FIT 2018 Copyrights 77

TERMINATION RIGHT • IS NOT PASSABLE BY WILL • GOES TO PRESCRIBED RELATIVES § 203(a)(2) 2018 Copyrights 78

TERMINATION OF GRANTS FOR NEWER WORKS • FOR WORKS CREATED AFTER 1977: 2018 Copyrights 79

HOW IT WORKS • OCCURS IN A WINDOW: 35 -40 YRS. AFTER THE GRANT* TO BE TERMINATED • MUST GIVE NOTICE OF TERMINATION 10 YRS. BEFORE IT IS TO HAPPEN 2 - • ∴ FOR EARLIEST POSSIBLE TERMINATION, MUST SERVE NOTICE BETW. 25 AND 33 YRS. AFTER GRANT * = ASSIGNMENT OR LICENSE 2018 Copyrights 80

MORE ABOUT TERMINATION • TERMINATION RIGHT IS NOT ASSIGNABLE AND CANNOT BE CONTRACTED AWAY • A GRANT NOTICED FOR TERMINATION CANNOT BE “RENEWED” UNTIL AFTER THE TERMINATION HAPPENS § 203(b)(4) 2018 Copyrights 81