mm 450: day 5, spring 08
Compulsory licenses....
Sony . ..
“the sale of copying equipment, like the sale of other articles of commerce, does not constitute contributory infringement if the product is widely used for legitimate, unobjectionable purposes.”
Feist
The Court held that effort and the expenditure of resources are not protected by copyright, and rejected the “sweat of the brow” doctrine that had previously existed in copyright law.
The Court in Feist then indicated that in order to be copyrightable, a work need not be novel, but it must possess “a minimal degree of creativity” and that the copyright only applies to those creative aspects of the work. The Court held that an author’s selection and arrangement of a compilation of facts can warrant copyright protection.
Baker v. Selden
“copyright of a book on bookkeeping cannot secure the exclusive right to make, sell and use account books prepared upon the plan set forth in such a book.”
[what's important here is to note that this principle gets set aside, a bit, when BUSINESS PROCESS PATENTS are allowed in in our age].
Kelly v Arriba Soft
note how various aspects can end up various ways and how principles that get established can stand, sometimes regardless of actual outcomes.
This is an important fair use case; not that not all four elements were in play in either direction.
Recent cases of note:
drexel student adn his dad
In AZ case, RIAA tries to expand to personal use as infringement
http://www.washingtonpost.com/wp-dyn/content/article/2007/12/28/AR2007122800693.html
Test Safe harbor of DMCA and Fair Use.
Viacom sues You Tube <http://www.theregister.co.uk/2007/03/14/viacom_youtube_lawsuit_dmca/>
Move on.org sues Viacom <http://mashable.com/2007/03/22/youtube-vs-viacom/>
University of oregon fights back
<file:///Users/ell/Desktop/lawbook/oregonfightsriaa/31bar.html>
Pogue on copyright morality and youth divide
file:///Users/ell/Desktop/lawbook/generational%20divide%20in%20copyright%20morality/20pogue-email.html
10 things about media regs: file:///Users/ell/Desktop/lawbook/10thingsaboutmediaregs07-08/index.cfm.html
http://www.goodcopybadcopy.net/