General Term of Protection Increased to Life Plus 50 Years from 1909 S 56 Years (28+28)

COPYRIGHT OVERVIEW

1976 Copyright Act

• 10/19/76 – Pres. Gerald Ford signed the 4th General Revision of the Copyright Act

• General Term of protection increased to Life plus 50 years from 1909’s 56 years (28+28).

• Added another 19 years to pre 1978 works making the total possible term 75 years. (28+28+19).

• To be Effective Jan. 1 1978

Major Provisions of 76 Act

• Preempts nearly all other copyright laws, federal, state and common law.

• Duration of copyright law lengthen to conform with practice in most of world

• Exclusive rights of copyright owners were clarified, strengthened and extended

• Protection of copyright owners of sound recordings was clarified and extended BUT a performance right was specifically denied (over 50 countries have right)

• Public broadcasters, CATV companies and jukebox operators were compelled to start paying for the use of copyrighted music, as were schools and colleges

• “Fair Use” was defined and extended in scope

• Policies and rates of music-use licenses were to be periodically re-examined

• Some kinds of mistakes on following through on formality were treated more permissively

• Established a special review board; Copyright Royalty Tribunal (CRT) with powers to set and distribute royalties in certain compulsory situations

CRT

• Set Rates for Mechanicals/Jukeboxes/cable TV

• 5 members were appointed by President for 7 year term

• July 1990 – Legislation was introduced to reduce from 5 to 3

• 1993 – Legislation was introduced to eliminate CRT Billboard Headline – “Congress Moves to Kill Copyright Tribunal”

– CARP

• The CRT was replaced by Copyright Arbitration Royalty Panels (CARP) consisting of three arbitrators per panel.

– CRJ - (Copyright Royalty Judges)

• Copyright Royalty and Distribution Reform Act of 2004

– CARP is being phased out.

– Three Judges to determine rates, etc…

“Copyright” - Definitions

– Literally means – “the right to copy”

– Under 76 act – Copyright is a form of protection provided by the laws of the US to the Authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works.

• This protection is available to both published and unpublished works

• The 76 Act gives the owner of copyright 6 exclusive rights

What is Protected

• Literary Works

• Musical Works, including any accompanying words

• Dramatic Works, including any accompanying music

• Pantomimes and Choreographic Works

• Pictorial, Graphic, and Sculptural Works

• Motion Pictures and other Audiovisual Works

• Sound Recordings

• Architectural Works

Protection

• A work must have two main elements to have protection under the law;

– Must be original work of authorship

– Must be fixed in a tangible medium that is now known or later developed.

6 Exclusive Rights

– To reproduce the copyrighted work in copies or phonorecords

– To prepare derivative works based upon the copyrighted work

– To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending

– To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures or other audiovisual works;

– To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audio visual work; and

– In the case of sound recordings, to perform the work publicly by means of digital audio transmission

Note: THESE EXCLUSIVE RIGHTS ARE INITIALLY OWNED BY THE CREATOR OF THE WORK UNTIL TRANSFERRED TO OTHERS BY A WRITTEN AND SIGNED DOCUMENT

Limitations and Exemptions

• “Fair Uses”

• Certain reproductions by Libraries & Archives

• Certain Educational Uses

• Religious Services (Not if broadcast to public)

• Charities or Non-Profits (Not if admission is charged)

• Performances in the home

WORK FOR HIRE

• The Employer becomes the “Author” of the work as well as its copyright owner for the entire term of copyright.

Compulsory License

• This license gives the users the right to use copyrighted music without the permission of the copyright owner, provided they follow the guidelines in the license.

• For Phonorecords (CD’s, records, tapes), Once the copyright owner authorizes the first recording that is distributed in the US, Anyone may record the composition without permission from the owner.

The Audio Home Recording Act of 1992

• Requires the equipment, tape, and disc manufacturers of digital audio recording devices and media to pay royalties for the loss of revenue that occurs from home taping.

• Needs to have the following;

• The symbol © , “Copyright,” or “Copr.”

• The year of first publication

• Name of the owner

• p.r.o. affiliation

• Became Optional after 3/1/89

• Highly recommended to deter infringement

Registration

• Form PA is used to copyright all unpublished & published works (music, motion pictures & other av works)

• Three items must be sent to;

Library of Congress

101 Independence Avenue, SE

Washington, DC 20559-6000

1. Form PA

2. For unpublished work – one complete copy of the work (lead sheet, record, sheet music, film, tape, etc…) – For published work – two copies of the work

3. Fee of $45

Advantages of Registration

• Establishes a public record of the copyright claim.

• Registration must be filed before an infringement case can be filed in court.

• If made before or within 5 years of publication, it will establish evidence of the validity of the copyright.

• If made within three months after publication of the work or prior to an infringement of the work, Statutory damages & attorneys fees will be available to the owner in court actions

• Allows the owner to record the registration with the US Customs Service for protection against the importation of infringing copies.

INTERNATIONAL - Protection against unauthorized use in a particular country depends on the national laws of that country

DPRSRA 1995 & DMCA 1998

• Digital Performance Right in Sound Recording Act – Created a public performance right for artists and record companies for certain recordings when they are performed by digital transmissions. Covers Subscription and on-demand transmissions

• Digital Millennium Copyright Act – added web casting (audio streaming).

– Creates penalties for the circumvention of the technological measures used by copyright owners to protect their works as well as tampering with copyright information (title, author, owner, etc..)

– Set rules for OSP’s if they detect or are notified of infringing transmissions. Includes disconnecting offenders and removing infringing material.

Sonny Bono Copyright Term Extension Act (CTEA)

• 1998 – Congress passed the CTEA.

• Extends the term of copyright protection in the US by twenty years for all works still in their term of protection.

– Post 78 copyright – Life + 70 years.

– Pre 78 copyright – 20 year automatic extension.

• 1/15/2003 – The Supreme Court upholds the CTEA.

Public Domain

• When a work’s protection expires – The work goes into the Public Domain.

• PD works can be used without payment of royalties.

Duration of Copyright – a history

• 1710 – Statute of Anne = 14 years (British Law – NOT U.S.)

• 1790 – US act of 1790 – 14 plus 14 renewal = 28 years

• 1831 – First Revision – 28 plus 14 renewal = 42 years

• 1909 – 1909 copyright law – 28 plus 28 renewal = 56 years

• 1976 – 1976 Copyright Renewal Act

– If written after 1/1/78 = Life of author plus 50 years

– If written prior to 1/1/78 and in renewal term = 28 + 28 + 19 = 75 years

– If written prior to 1/1/78 and in original term = 28 + 28 + 19 = 75 years

– If written after 1/1/78 = Life of author plus 70 years (added 20 years)

– If written prior to 1/1/78 – 75 + 20 = 95 years

Revision of Copyright Renewal Procedures

• 1992 – Law passed affecting the renewal process

– For works originally copyrighted between 1/1/64 & 12/31/77, Renewal for the extra 47 years became optional. Works were automatically renewed.

– Thus guaranteeing a 75 year copyright term for 1964-1977 copyrights. This was increased to 95 years in 1998.

• Advantages to filing renewal anyway

– Having formal renewal will establish evidence of the renewal and the copyright information in general.

– Can be very important in an infringement suit

Termination of Rights

• Under the 76 Act & 98 Act - authors, their heirs, or their estates now have the option to recapture rights if certain formalities are complied with

• Rights can be recaptured during a very specific period of time for either the 19 year extension period (76 act) or the 20 year extension period (CTEA 98 act).