Title: Class Outline 12
Course: KVCC BUS118 > Section: Class Outlines

Assignment Review

Copyright law change on January 1 1978

Length of Authors life plus 70 years

If 2 or more others then times starts after last living member passes.

WFH – 95 years from publication or 120 years depending on topic.

Registering a copyright – As stated you do not need to register a copyright. However if you want to enforce it by suing then it needs to be registered. Registration is done at the US copyright office which is a unit of the library of congress.

Other benefits to register:

i.           Public registration

ii.           After 5 years creates presumption of ownership and has to be proven invalid.

To register you need:

i.           The application.

ii.           Description of what is being copyrighted.

iii.           The Fees

Berne Convention for international protections.

Just as in the other areas copyright owners have to sue infringers with the government not getting involved.

Strict liability also applies here.

Things to prove in infringement cases:

i.           Copyright ownership

ii.           Show infringement

iii.           Demonstrate party had access to copyright

iv.           Must show they are substantially similar

Tests “whether a lay observer would consider the works as a whole substantially similar to one another.”

Fair use – this usage does not violate the copyright protections. Fair use usually has some connection to the freedom of speech.

Examples:

i.           Criticism

ii.           Comments

iii.           News Reporting

iv.           Teaching

v.           Scholarship

vi.           Research

Factors:

i.           Purposes and character of the use – nonprofit and educational

ii.           Nature of the copyrighted work – more facts less creative

iii.           The amount and substantiality of the work used – small amount

iv.           The effect of the use upon the potential market – little or no effect

DMCA – Digital Millennium Copyright Act – this was established to protect copyrights in the digital age.

5 Titles

Title I – Sets up 2 World Intellectual Property Organization treaties. Technological Measures to protect electronic copyrights.

Members have to try to stop the bypassing of copyright restrictions.

DRM – digital rights management

Individuals can bypass their owned protections due to fair use.

Exceptions pg 305.

Title II – Online copyright Infringement Liability Limitation act. Limits liability of online service providers for copyright infringement of their users.

Limits the online service provider’s liability.

Safe harbor – if criteria is met then the OSP is safe from the liability of its user’s actions.

Must terminate repeat offenders

DMCA Takedown Notices

Title III – Computer Maintenance Competition Assurances Act – Computer techs make a copy of a program for maintenance and repair. The software has to have already been on the computer and needs to be deleted when the work is complete.

Title IV – Miscellaneous Provisions.

Title V – Vessel hull design protection act starts a new form of protection for vessel hulls.

Attached Files: | - KVCC BUS118_LegalAspectsBusInfoSys_Class Outlline 12(1).pdf