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-unpublished (that is not fair use) versus published (more likely fair use)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