IM 350 Intellectual Property Law and New Media September 15 2015 Hot News Lets Go Crazy httpwwwlatimescomlocallanow lamelnvideosuit20150914 storyhtml Trend of Maximum US General Copyright Term ID: 458293
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Slide1
Copyrights Terms and Derivative versus Transformative Use
IM 350: Intellectual Property Law and New Media
September 15, 2015Slide2
Hot News! Let’s Go Crazy!
http://www.latimes.com/local/lanow
/la-me-ln-video-suit-20150914
-
story.htmlSlide3
Trend of Maximum U.S. General Copyright Term
Copyright Tom W. Bell 2008, used with permission
3Slide4
Copyright Term
For works created from January 1, 1978 onward:
Term begins the moment a work is “fixed in a tangible medium of expression”
Life of the author plus 70 years
If work-made-for-hire or anonymous work, 95 years from publication or 120 years from creation, whichever is shorterSlide5
Fair Use Factors
(1)
the purpose and character of the use,
including whether such use is of a commercial nature or is for nonprofit educational purposes
;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of the copyrighted work.Slide6
Back to Let’s Go Crazy
Lenz v. Universal Music
, 13-16106 and 13-16107, (9
th
Cir. Sept. 14, 2015)
Does a copyright owner have to consider whether the use of its work is a “fair use” before sending a takedown notice under the DMCA?Answer – Yes.Outcome – The Dancing Baby’s Mom gets to take her suit against Universal to trial.Slide7
Derivative v. Transformative
Why does it matter?
A copyright owner owns the right to control who can create derivative works based on the copyrighted work.
A copyright owner does
not
own the right to control who can create transformative works.Slide8
What is a “derivative work”?
B
ased on or derived from one or more already existing works
Examples:
translations, musical arrangements,
motion picture versions of literary material or plays, art reproductions,abridgments, and condensations of preexisting worksa “new edition” of a preexisting work in which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work. Slide9
What is “transformative use”?
“whether the new work merely supersede[s] the objects of the original creation or instead
adds something new
, with a further purpose or different character, altering the first with
new expression, meaning, or message
; it asks, in other words, whether and to what extent the new work is `transformative.'"
Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 579 (1994)Slide10
Michael Kienitz
v.
Sconnie
Nation, LLC and Underground Printing-Wisconsin, LLC,
No. 13-3004
(7th Cir. Sept. 15, 2014).Mayor Soglin
T-Shirt DesignSlide11
LIEBOWITZ v. PARAMOUNT
PICTURES
137 F.3d 109 (2
nd
Cir. 1998)
Demi Moore
Leslie NielsenSlide12
Shepard Fairey
v. A.P.Slide13
Cariou v. Prince
, 714 F. 3d 694
(2
nd
Cir. 2013)Slide14
Recycled Paper v. New Line CinemaSlide15
Here Come the Sharks!Slide16
Here Come the Sharks!Slide17
Derivative or Transformative?Slide18
The End