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Copyrights Terms and Derivative versus Transformative Use Copyrights Terms and Derivative versus Transformative Use

Copyrights Terms and Derivative versus Transformative Use - PowerPoint Presentation

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Copyrights Terms and Derivative versus Transformative Use - PPT Presentation

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

copyright work derivative transformative work copyright transformative derivative works cir copyrighted term years owner use

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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