Copyright: Licensing

Media Law

Copyright

Protection

Three parts to notice

• copyright or © 
• date
• full name of owner

© Copyright, 2012 Kyle Matthew Jones

To protect your copyright:

• Post the copyright notice
• send two copies with the proper forms and fee to US copyright office
• register within three months of publication

USING COPYRIGHTS

Licensing

• Blanket license - you pay a certain amount every year
• Performance license - make money using someone else's work (based on the contract)
• Master Use license
• Compulsory license - you keep track and pay royalties on it / a "pay as you play" license  (i.e. Ringtones)

+ Moral Rights - international copyright law, the Burnn Convention

Ah ….Bobby…Bobby….

"He should be sitting in this class…"

INFRINGEMENT

Plaintiff must prove:

• Ownership of copyright
• violation of that ownership by defendant
• that defendant had access (the reason artists won't listen to others demos to keep them from saying you stop their sound/music)
• substantial similarity

"When they were writing the constitution…they weren't thinking about embedded video" - Dr. Mary N.

DAMAGES:

Types of infringement:

• Direct infringement
• Contribution Infringement
• Vicarious infringement

Damages Awards:

Statutory - must prove loss of income.

Punitive Damages - actual malice or intentional harm.

FAIR-USE

1. The purpose and character of the use
2. The nature of the copyrighted work
3. The amount and substantiality of the portion
4. The effect of the use on the potential market for the copyrighted work.

UNFAIR COMPETITION

Misappropriation - Using someone else's PRODUCT as your OWN

Trademarks - A word, name or symbol, used to identify a product.  "Give me a Kleenex…oh would you like a Puffs instead"

Service marks - Associate a product with a specific service.

Registration - ® According to Lanham Trademark Act, this trademark is registered

™ / SM means Trademark/Servicemark is Pending.

"Finger-licking good" can be service marked

They have to be unique enough to be different

Registration must be renewed every ten years

Parody - just making fun of something

Satire - draw attention back to themselves, taking their work and turning it into something else

One Back-up copy for yourself is allowed

Amount and substantiality of the work

Weather you're taking the "meat" of it.

Inherently Distinctive Marks - to be registered a mark has to be distinctive

Infringement - infringement of trademark is thought to confuse the consumer

Dilution - Continued use of similar trademark will dilute the strength of Trademark

Abandonment - A trademark lasts as long as it is being used

Trademarks:

"If I asked you how many of you have tried coke, most of you would think of a soft drink…i sure hope." 

** DUE THURSDAY (right after fall break)  Read & Brief the Case she emailed us**