Copyright

How long does it last?
Lifetime plus 70 years.
Work-for-hire -- 95 years after publication

If you put copyright symbol, protects against innocent infringement (not knowing there was no copyright notice...)

If you register it gets you attorney fees and statutory damages

5 rights of copyright:
reproduce, make derivative works, distribute, perform and display

Proving an infringement:
Must prove copying of Plaintiff's work
Copying of protected expression (copying ideas and research is okay)

Substantial Similarity (9th circuit test)
Extrinsic (objective test)
-Analytic dissection
expert analysis
Summary judgment appropriate
Intrinsic (subjective test)
-Total concept and feel
-audience response
-no summary judgment

Secondary Liability-
Vicarious liability
-a direct financial benefit to defendant
-right and ability to supervise infringers
Contributory infringement
-knowledge of the infringement
-actual knowledge of specific infringement?
-Constructive knowledge? (helped him get material to do it)
-substantial noninfringing use?
-Material contribution to the infringement
Active inducement

Defenses:
Innocent intent -- lessens damages
First Amendment -- protects idea/expression dichotomy and fair use

Saying courtesy of so-and-so is not a defense to infringement

Fair use:
Preamble categories-criticism, comment, new reporting, teaching, scholarship, research
Is it fair?
1. -preamble categories?
-commercial or non-profit?
-"transformative" - new thing (antigone?)
-"parody" - someone else's work in a new environment doesn't mean it's a parody -- that's a satire. Parody must criticize/comment on original work, not satirize something else

2. Nature of copyrighted work:
-creative versus factual -- if it's creative, don't copy :)
-unpublished (that is not fair use) versus published (more likely fair use)

3. Amount and Substantiality
- took more than needed to conjure up original work
-qualitative and quantitative assessment -- did you take the heart of the work?
4. Effect on the market for the copyrighted work
-did you usurp demand for plaintiff's work
-not relevant that use was a critique
-take away licensing market?

Digital Millennium Copyright Act
2 parts:
-anti-circumvention provisions -- illegal to get around protected access
-"Safe Harbor" provision -- gives web hosts safe harbor from copyright infringement claims if they implement certain notice and takedown procedures
=but must not have actual or constructive knowledge that material on system is infringing

Building a successful business with Michael Gerber

Melanie Benson Strick & Michael Gerber

He wrote the E-Myth
Why biz fails:
People who start business are technicians, not entrepreneurs. They know how to do the work, but don't know how to work on the business.
Have you built the business to work without you. The point is to create systems so you can be free from it.
Turnkey system -- turn people into customers, etc.
Client fulfillment system -- sell that... not just another one of those who does that. Work on the system on how you make this promise
Then you work on system on converting people
www.meetmichaelgerber.com -- great blog posts
Why is marketing your small business so hard? for example

Dream about themselves = bad, because it'll never be enough
Intentional dreaming -- look at the world and say "What's missing in this world" and then coming up with a solution to that problem. Always about the other. It turns into system, and then turns into result. It's about results.

Didn't find this very helpful, but maybe the blog is helpful.