OIL Casebook Topic VI: Copyright | mrisch | August 30, 2014

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OIL Casebook Topic VI: Copyright

by mrisch Show/Hide
This section considers copyright issues on the internet. EDIT PLAYLIST INFORMATION DELETE PLAYLIST

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    1. 1.5 Show/Hide More 17 U.S.C. § 117.—Limitations on exclusive rights: Computer programs
      Original Creator: mrisch

      This is the edited section 117 after MAI v. Peak. Does it solve all the problems of that case? What if software is licensed rather than owned?

    2. 1.7 Show/Hide More Playboy Enterprises, Inc. v. Frena
      Original Creator: mrisch

      This case examines what it means to display a work publicly

    3. 1.8 Show/Hide More American Broadcasting Companies, Inc. v. Aereo, Inc.
      Original Creator: mrisch

      This case explores the breadth of the performance right. Is it too broad?

    4. 1.9 Show/Hide More London-Sire Records, Inc. v. Doe 1 et al.
      Original Creator: mrisch

      This case examines what it means to distribute a copyrighted work in the age of electronic file distribution

    5. 1.10 Show/Hide More Section 106 Hypotheticals Introduction to Intellectual Property
      Original Creator: mrisch
      Courtesy Professor Post (Temple Law)
    1. 2.1 Galaxian
    2. 2.2 Show/Hide More Midway Mfg. Co. v. Artic Int'l, Inc.
      Original Creator: mrisch

      This case examines the fixation of video games when the user participates in the creation, and then considers whether speeded up circuit boards are a derivative work

    3. 2.4 Show/Hide More Lewis Galoob Toys Inc. v. Nintendo of America Inc
      Original Creator: mrisch

      This short excerpt considers whether modern “speedup” chips are a derivative work

    1. 3.1 Show/Hide More Authors Guild, Inc. v. HathiTrust
      Original Creator: mrisch

      This case provides a good introduction to the policies and history of fair use, while also applying the doctrine to the most modern of contexts.

    2. 3.2 Show/Hide More Los Angeles Times v. Free Republic
      Original Creator: mrisch

      This case comes out differently on fair use than the book search case, despite the use of new. Why?

    3. 3.3 Show/Hide More Clean Flicks of Colorado LLC v. Soderbergh
      Original Creator: mrisch

      This case tests what transformative means for derivative works and fair use

    1. 4.2 Show/Hide More Ticketmaster Corp. v. Tickets.Com, Inc. - copyright
      Original Creator: mrisch

      This edited version of the case considers copyright issues. Later versions will consider other issues

    2. 4.3 Show/Hide More Intellectual Reserve, Inc. v. Utah Lighthouse Ministry, Inc.
      Original Creator: mrisch

      This case serves two purposes. First, it introduces the type of liability that one might face for hyperlinking, even if the content is not hosted on one's own server. Second, in doing so, it introduces the concept of secondary liability, which pervades copyright liability on the internet.

      Consider whether this court's view of direct liability by readers is consistent with Perfect 10's consideration of thumbnail images.

    1. 5.1 Show/Hide More Digital Millenium Copyright Act: 17 U.S. Code § 114 - Scope of exclusive rights in sound recordings
      Original Creator: mrisch

      This statute deals with digital broadcasts of sound recordings. It sets up a complex system of licenses required, depending on the interactivity of the service

    2. 5.2 Show/Hide More SoundExchange Licensing 101
      Description of how licensing for digital sound recording performance works.
    3. 5.5 Show/Hide More Sony BMG Music Entertainment v. Tenenbaum
      Original Creator: mrisch

      This short note considers copyright statutory damages for music copying

    4. 5.8 Show/Hide More Capitol Records, LLC v. ReDigi Inc.
      Original Creator: mrisch

      This case shows the uphill battle companies face in the digital music market

    1. 6.1 Show/Hide More Religious Technology Center v. Netcom On-line Communication Services, Inc.
      Original Creator: mrisch

      This is a foundational case in secondary liability

    2. 6.3 Show/Hide More Ellison v. Robertson
      Original Creator: mrisch

      This case applies Section 512 to a system similar to that at issue in Netcom. How does the DMCA change the analysis?

    3. 6.4 Show/Hide More Ellison v. Robertson - district court
      Original Creator: mrisch

      This district court case examines the usenet posting discussed in the appellate case

    4. 6.5 Show/Hide More A&M Records, Inc. v. Napster, Inc. - district court
      Original Creator: mrisch

      Recall that Napster's peer-to-peer file sharing system involved a database managed by Napster that each user could connect to in order to search music and other file names. This excerpt considers a DMCA defense for such a system.

    1. 7.2 Show/Hide More Perfect 10, Inc. v. CCBILL, LLC
      Original Creator: mrisch

      This case is an example of the safe harbor under Section 512(d) for linking