California Democrat, Rep. Zoe Lofgren—whose district includes Silicon Valley—is preparing to head the congressional opposition to the Stop Online Piracy Act. 

The antipiracy bill, which was introduced yesterday in the House of Representatives–to the applause of Hollywood lobbyists—is designed to remove alleged copyright-infringing Web sites (referred to as “rogue” sites) from the Internet. 

Lofgren represents the key support structure to Google, Microsoft, Yahoo and other tech companies who are tirelessly working with advocacy groups to defeat the Act. Although the tech space is a powerful and influential sector, they seem to be outnumbered and outspent—the bill’s supporters include the Democratic and Republican heads of the relevant Senate and House Committees. I

The Stop Online Piracy Act is obscenely controversial; the Electronic Frontier Foundation deems it disastrous because it would effectively force modifications to the Domain Name System and create a blacklist of domains suspected of violating intellectual property rights.  If you feel your rights were violated want to learn more about copyright contact a copyright lawyer.

In today’s digital age, we have all become accustomed to experiencing a never-ending stream of creative content. Whether it’s through the books we read, the songs we listen to or the films we watch, all of us are avid consumers of art and expression. However, copyright law plays an essential role in protecting creators’ rights and incentivizes them to continue producing innovative work by preventing individuals from stealing or infringing on their intellectual property. Therefore, in this article, we will explore what is copyright, what federal copyright laws are, and how they operate in the United States (US).

What is Copyright?

Copyright is a legal doctrine that grants certain exclusive rights to a creator over their original works of authorship. The US Constitution supports the power of Congress to establish copyright law in Article One. Copyright guarantees expressive creators the:

– Right to reproduce their work.
– Right to distribute their work.
– Right to prepare derivative works.
– Right to perform their work publicly.
– Right to display their work publicly.

The protection applies to different types of original and creative works such as:

– Literary works
– Musical works
– Dramatic works
– Pictorial
– Graphic works
– Motion pictures and other audiovisual material
– Sound recordings
– Architectural works

Copyright Cases In The News

In recent years, copyright infringement has become a significant legal issue in several high-profile cases. These cases range across various industries, including music, film, and literature. This article provides an overview of some of the most famous copyright cases in recent years.

1. The “Blurred Lines” Case

In 2013, Robin Thicke and Pharrell Williams released the hit song “Blurred Lines.” However, the song soon became the subject of a copyright infringement lawsuit filed by Marvin Gaye’s estate. The estate claimed that “Blurred Lines” copied elements of Gaye’s 1977 song, “Got to Give It Up.”

In 2015, a jury awarded Gaye’s estate $7.4 million in damages, finding that “Blurred Lines” had copied significant parts of “Got to Give It Up.” However, Thicke and Williams appealed the verdict, arguing that the similarities between the two songs were based on the style and not the actual notes. In 2018, an appeals court reduced the damages to $5.3 million, but upheld the verdict.

2. The Led Zeppelin “Stairway to Heaven” Case

In 2014, the estate of guitarist Randy Wolfe, also known as Randy California, sued Led Zeppelin alleging that the iconic guitar riff in “Stairway to Heaven” was taken from Wolfe’s instrumental track “Taurus,” which he had recorded in 1968. The lawsuit claimed that Led Zeppelin had access to the song and copied a substantial amount of it for “Stairway to Heaven.”

In 2016, a jury ruled that Led Zeppelin had not infringed on the copyright of “Taurus,” and the lawsuit was dismissed. However, the case was later appealed, and in 2018, a three-judge panel ruled that a new trial was necessary since the original judge had provided erroneous jury instructions.

3. The “Happy Birthday” Case

The song “Happy Birthday” is one of the most recognized and well-known songs in the world. However, until 2015, the song was under copyright protection, owned by Warner/Chappell Music. The company claimed that it owned the copyright to the lyrics and the music, and anyone who wanted to use the song in a film or TV show had to pay a licensing fee.

In 2015, a class-action lawsuit challenged the validity of Warner/Chappell Music’s copyright claim, arguing that “Happy Birthday” was actually in the public domain. The lawsuit also claimed that Warner/Chappell had no right to collect licensing fees for the song.

In September 2015, a federal judge ruled that Warner/Chappell did not own the copyright to “Happy Birthday” and that the song was in the public domain. The ruling meant that filmmakers and TV producers could use the song without having to pay any licensing fees.

4. The “Harry Potter Lexicon” Case

In 2007, fan Steve Vander Ark created an online encyclopedia for the Harry Potter series, called “The Harry Potter Lexicon.” The site contained information about the various characters, spells, and creatures in the books. However, J.K. Rowling, the author of the Harry Potter series, sued Vander Ark, claiming that the site violated her copyright.

In 2008, a judge ruled in Rowling’s favor, noting that while lexicons were allowed under copyright law, Vander Ark’s site went beyond what was permitted and copied extensive amounts of material from the books. In 2009, Vander Ark and Rowling settled the case, with Vander Ark agreeing not to publish a print version of the lexicon.

5. The “Shepard Fairey Obama ‘Hope’ Poster” Case

During the 2008 presidential campaign, artist Shepard Fairey created a poster featuring Barack Obama’s image and the word “hope.” The poster became an iconic symbol of the campaign and was widely reproduced on clothing and other merchandise.

However, in 2009, the Associated Press (AP) claimed that Fairey had infringed on its copyright by using one of its photographs of Obama as a basis for the poster. Fairey countered that his use of the photo was a fair use, as he had significantly transformed the image.

In 2011, Fairey pleaded guilty to criminal contempt, claiming that he had deleted and fabricated evidence in the case. He was sentenced to probation and a fine. In 2014, both sides reached a settlement, with Fairey agreeing to pay the AP $1.6 million for copyright infringement.

6. The Apple vs. Samsung Case

In 2012, Apple filed a lawsuit against Samsung, alleging that Samsung had copied elements of the iPhone in its Galaxy smartphones. Apple claimed that Samsung had infringed on several of its design patents, including the shape of the phone, the placement of icons on the screen, and the bounce-back effect when scrolling through pages.

After a long legal battle, a jury awarded Apple $1.05 billion in damages, finding that Samsung had willfully infringed on Apple’s patents. However, the case continued for several more years as Samsung fought to have the verdict overturned. In 2018, the two companies announced that they had settled the case amicably, although the terms of the settlement were not disclosed.

7. The Oracle vs. Google Case

In 2010, software company Oracle sued Google for copyright infringement, alleging that Google had used Java code in its Android operating system without permission. Oracle claimed that Google had copied over 11,000 lines of Java code, which were proprietary to Oracle.

In 2016, a jury ruled in favor of Google, finding that its use of the Java code constituted fair use. However, Oracle was not satisfied and appealed the ruling. In 2018, a federal appeals court overturned the ruling, stating that Google’s use of the Java code was not a fair use. The case is ongoing, with Google now making an appeal to the Supreme Court.

8. The LimeWire Case

LimeWire was a popular peer-to-peer file-sharing service that allowed users to share music, videos, and other files. However, in 2010, the company was sued by several major record labels, including Sony, Universal, and Warner Bros., for copyright infringement.

In 2011, a judge ruled that LimeWire had willfully violated copyright infringement laws and ordered the company to pay $1.1 billion in damages. The ruling effectively shut down LimeWire, and its founder, Mark Gorton, was also held personally liable for damages.

9. The Megaupload Case

Megaupload was a file-hosting service that allowed users to store and share large files, including music and movies. However, in 2012, the U.S. government shut down the site, alleging that it was used for widespread copyright infringement.

The founder of Megaupload, Kim Dotcom, was arrested in New Zealand, and several of his associates were arrested in other countries. The U.S. government sought to have Dotcom and his associates extradited to the U.S. to face charges of copyright infringement and money laundering.

The case has been ongoing for several years, with Dotcom fighting the extradition and claiming that he did not knowingly facilitate copyright infringement on his site. As of 2021, the case is still ongoing.

In conclusion, these technology industry cases highlight the complexities of copyright law in the digital age. While some companies have been found guilty of willful infringement, others have claimed that their use of copyrighted material constitutes fair use. These cases also highlight the importance of protecting intellectual property rights in the technology industry, as copyright infringement can lead to significant financial losses for creators and companies alike.

In conclusion, these famous copyright cases demonstrate the importance of protecting intellectual property rights. While some cases may involve arguments over fair use or the use of transformative elements, others are straightforward examples of copyright infringement. At the same time, these cases also illustrate how the internet and social media have complicated the issue of copyright infringement further. It remains to be seen how future cases will define and shape the boundaries of copyright law and how technology and society will continue to influence it.

Copyright Protection

To enjoy copyright protection, the original works of authorship must be ‘fixed in a tangible medium of expression.’ This means that the literary, musical, or artistic work must be recorded and stored in a way that makes it perceivable either directly or precisely with the use of a machine or device. Examples of mediums used include printing, recording, writing or electronically storing the creative work. The protection lasts for a particular term, which is dependent on several factors, such as the date of the creation of the work. For works created after January 1, 1978, the protection lasts for the life of the creator plus seventy years after their death.

The copyright owner has exclusive rights over their work. They can use the rights to produce and distribute their works, determine the cost of access, and pursue compensation if anyone copies, reproduces, or distributes their work without permission.

The Copyright Registration Process

While copyright protection exists at the moment an original work is created, Official registration with the US Copyright Office is an essential step in gaining meaningful legal protections. The registration process provides the owner with several benefits:

– Enables filing for copyright infringement in court.
– Provides further legal rights for statutory damages and attorney fees in copyright litigation.
– Creation of a public record of ownership, to reduce unauthorized use or copying of creative work.

To register a copyright, an application, payment of registration fees (typically $45 or $65), and a copy of the work are submitted to the US Copyright Office. The process of registration can take several months, but there are media-specific registries, which could streamline the process for certain types of creative works.

Federal Copyright Laws

Since copyright is a federal right, the basic shape of the law is uniform throughout the US. The few State statutes that exist largely complement federal law, even if they provide more rights for creators. Federal copyright laws primarily arise from two sources; United States Code (USC) Title 17 of the law and the decisions of the federal judiciary interpreting it. As an initial matter, the copyright owner holds the rights automatically from the moment of creation. The law provides a set of rules governing the use of the copyrighted work and the obligations of those looking to use the work.

The fair use doctrine, which we will cover in more depth later, allows limited used of copyrighted material without obtaining permission from the owner or intellectual property holder. The goal is to balance the scope of copyright protection with the access needs of others without overwhelming the authors’ rights. The concept behind this legal doctrine is to allow for the use of copyrighted works for educational, research, or news reporting purposes. Despite the freedoms provided by the fair use doctrine, the burden of establishing it remains on the user of the work.

The Purpose and Philosophy Behind Copyright Laws

The philosophy and purpose behind copyright laws rests on several basic concepts or principles. These are:

Encouraging Innovation: Copyright enables creators to develop new and innovative works without worrying that someone else will steal or steal their ideas. By granting authors the exclusive rights to use their works, the law creates a marketplace for creative ideas and expressions, creating an incentive for future creators.

Balancing Rights: The law aims to balance the rights of copyright owners with society’s needs and interests. It recognizes the importance of having access to copyrighted works while protecting the authors’ rights.

Discouraging Piracy: Copyright law discourages and reduces the rate of piracy by imposing stiff penalties on those who infringe on intellectual property owners’ rights.

Promoting Cultural Development: Copyright plays a vital role in the promotion of cultural development. By protecting original works and making them available to the public, US culture can continue to grow and flourish.

Fair Use

Fair use is a legal doctrine that allows the limited use of copyrighted material without seeking permission from the copyright owner. The statute outlines the factors used to determine if a particular use is ‘fair.’ These include:

– The nature of the copyrighted work
– The amount of the copyrighted work used
– The purpose of the use, for example, it could be for teaching, research or news reporting
– The potential effect of the use on the work’s value or market

A well-known illustration of this doctrine at work is the use of copyrighted material in educational settings. Teachers have broad leeway to use portions of copyrighted materials, such as books or journals, to create copies of academic material for use in lectures or discussions, provided the use is for educational purposes only.

Fair use is accessible to citizens as a legal doctrine, but it can also be complicated to understand and may require consultation from an intellectual property (IP) lawyer to comprehend effectively.

Copyright Infringement

Infringement occurs when a person copies, reproduces, distributes, prepares derivative works of, performs publicly, or displays a copyrighted material without the owner’s permission. Copyright infringement is a civil offense, so the typical remedy is damages. However, the law recognizes some instances of the unauthorized use of copyrighted works such as fair use, the first sale doctrine, and the de minimis exception.

Fair use is a crucial defense against accusations of infringement; the courts distinguish it from piracy. The plaintiff has the task of proving infringement, and in cases of successful prosecution, remedies could include injunctive relief and damages.

Conclusion

Copyright Law is critical in encouraging individual expression and maintaining a balance between the rights of copyright owners and obligations to society. It creates the conditions necessary for the development of creative innovative works and promotes continued growth within that segment.

The Copyright Law of the US, code Title 17 provides a uniform legal framework for the protection of the creative works of authors. The law allows authors the ability to profit from the unique and original content they produce and the exclusive rights to perform, distribute, and prepare derivatives of their works.

While subject to several exceptions and balances ideals through limitations on copyright owners’ protections such as the fair use doctrine, this provision seeks to encourage the creation and dissemination of important works while considering society’s needs. Understanding the specifics of copyright law within the United States is vital for legal compliance and to ensure a fair balance between the creative expression of authors and the public’s access to that work.

PROCESS OF APPLYING

If you are an author, musician, artist, or creator, there is a good chance you want to protect your work with a copyright. Copyright, according to the United States Copyright Office, “is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression” (“Copyright Basics”). Whether you are creating a book, a song, or a painting, a copyright can help ensure that your work is protected from unauthorized use. In this article, we will explain the process of applying for a copyright, step by step.

Step 1: Determine If Your Work Is Eligible for Copyright Protection

Before you can apply for a copyright, you need to determine if your work is eligible for copyright protection. According to the United States Copyright Office, “Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work” (“Copyright Basics”). If you have created an original work of authorship that is “fixed in a tangible medium,” such as a novel, screenplay, poem, or song, then it is eligible for copyright protection. However, not all works are eligible for copyright protection. For example, works created by the Federal Government are not eligible for copyright protection, except in certain circumstances.

Step 2: Determine Who Owns the Copyright

The next step is to determine who owns the copyright. According to the United States Copyright Office, the person or entity that created the work is generally the owner of the copyright. However, there are exceptions to this rule. For example, if you created the work as part of your job, your employer may own the copyright. If you have collaborated with others on the creation of the work, you may share ownership of the copyright. It is important to determine who owns the copyright before you apply for it.

Step 3: Determine Which Form You Need to Use

The United States Copyright Office offers different forms for different types of works and different situations. For example, if you are registering a book, you would use Form TX. If you are registering a photograph, you would use Form VA. If you are registering a sound recording, you would use Form SR. You can find a complete list of forms on the United States Copyright Office’s website.

Step 4: Complete the Application Form

Once you have determined which form you need to use, you can complete the application form. The application form will ask for information about the work, such as the title, the author, the date of creation, and the type of work. It will also ask for information about the copyright owner, such as the name and address. You will also need to pay a fee when you submit the application. The fee varies depending on the type of work and the type of registration.

Step 5: Submit a Copy of the Work

Along with the application form, you will need to submit a copy of the work. The copy should be a complete, fixed copy of the work, such as a manuscript or a recording. If the work has not yet been published, you can submit a copy of the unpublished work. If the work has already been published, you will need to submit two copies of the published version.

Step 6: Wait for Processing

After you submit the application form and the copy of the work, you will need to wait for processing. The processing time can vary depending on the type of work and the type of registration. The United States Copyright Office offers different processing times for different types of registrations. You can check the current processing times on the United States Copyright Office’s website.

Step 7: Receive Your Certificate of Registration

Once your application has been processed and approved, you will receive a certificate of registration from the United States Copyright Office. The certificate will include information about the work, such as the title, the author, and the date of creation. It will also include information about the copyright owner, such as the name and address. The certificate of registration serves as proof that you own the copyright to the work.

Optional Step: Consider Registering Your Copyright with a Third-Party Service

While registering your copyright with the United States Copyright Office is the best way to protect your work, you can also consider registering your copyright with a third-party service. Third-party services offer additional protection and can help you monitor and enforce your copyright. Some common third-party services include the Copyright Registry and the Copyright Alliance.

Applying for a copyright can seem intimidating, but it is a crucial step in protecting your work as a creator. By following the steps outlined above, you can ensure that your work is eligible for copyright protection, determine who owns the copyright, complete the application form, submit a copy of the work, wait for processing, and receive your certificate of registration. Once you have your certificate of registration, you can rest assured that your work is protected from unauthorized use.

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What are Copyrights?

Copyrights are sets of exclusive rights, attached to creative works that formally protect the original author, musician or artist from unfair duplication or distribution. Copyrights are formally granted to the author or creator of an original work by a government agency, such as the United States Copyright Office or the United States Library of Congress.

That being said, when an individual tangibly creates a work of art that art form becomes their property — it has an inherent copyright protection. To formalize these rights and to have them affirmed by a governing body, the individual must register for copyrights. Assuming the works aren’t already registered within a government database, the copyrights will last for a specified period of time (typically 70 years following the creator’s death) and will act as the primary evidence and mechanism to initiate a legal case if infringement or piracy takes place.
What do Copyrights protect?
The rights granted by copyrights include protections regarding any attempts at copying, distributing or adapting the original work. In the majority of jurisdictions in the United States issues involving copyrights arise upon fixation and do not need to be formally registered to be upheld. Those in possession of copyrights have the exclusive statutory right to exercise control over copying and other exploitation of the works for a limited time, after which the work is said to enter the public domain.

Uses covered under limitation and exceptions to copyright, such as the fair use of the works, does not require explicit permission from the copyright owner. All other uses; however, will require permission. Copyright owners may license or permanently transfer their exclusive rights to others. As a result of this definition, it can be accurately assumed that a copyright free image is a picture or photograph that is not exclusively owned by anyone—the image is a part of public domain and therefore may be distributed, sold, altered or replicated.

What works can be copyrighted?
According to copyright laws in the United States, the following works may be copyrighted:       Engravings

Maps and Charts

Musical Records

Musical Compositions

Literary works and books

Dramatic works and choreography

Computer Software and Programs

Architectural Works

Audio Visual Works

Motion Pictures

Paintings, Sculptures, Drawings and Photographs

How long do Copyrights last?

Copyright laws will typically impose a specified limitation in regards to copyright protection limits in regards to time. Though these periods of time will vary based on location, copyright laws must be adhered to in almost all jurisdictions.

In the United States, all works created after January 1, 1978 has an protection period for the life of the creator plus an additional 70 years following his or her death. During this time, based on copyright laws, the individual may resell copies of the works for profit or may do as he or she pleases with the works.What are Copyrights?

Copyrights are sets of exclusive rights, attached to creative works that formally protect the original author, musician or artist from unfair duplication or distribution. Copyrights are formally granted to the author or creator of an original work by a government agency, such as the United States Copyright Office or the United States Library of Congress.

That being said, when an individual tangibly creates a work of art that art form becomes their property — it has an inherent copyright protection. To formalize these rights and to have them affirmed by a governing body, the individual must register for copyrights. Assuming the works aren’t already registered within a government database, the copyrights will last for a specified period of time (typically 70 years following the creator’s death) and will act as the primary evidence and mechanism to initiate a legal case if infringement or piracy takes place.
What do Copyrights protect?
The rights granted by copyrights include protections regarding any attempts at copying, distributing or adapting the original work. In the majority of jurisdictions in the United States issues involving copyrights arise upon fixation and do not need to be formally registered to be upheld. Those in possession of copyrights have the exclusive statutory right to exercise control over copying and other exploitation of the works for a limited time, after which the work is said to enter the public domain.

Uses covered under limitation and exceptions to copyright, such as the fair use of the works, does not require explicit permission from the copyright owner. All other uses; however, will require permission. Copyright owners may license or permanently transfer their exclusive rights to others. As a result of this definition, it can be accurately assumed that a copyright free image is a picture or photograph that is not exclusively owned by anyone—the image is a part of public domain and therefore may be distributed, sold, altered or replicated.

What works can be copyrighted?
According to copyright laws in the United States, the following works may be copyrighted:       Engravings

Maps and Charts

Musical Records

Musical Compositions

Literary works and books

Dramatic works and choreography

Computer Software and Programs

Architectural Works

Audio Visual Works

Motion Pictures

Paintings, Sculptures, Drawings and Photographs

How long do Copyrights last?

Copyright laws will typically impose a specified limitation in regards to copyright protection limits in regards to time. Though these periods of time will vary based on location, copyright laws must be adhered to in almost all jurisdictions.

In the United States, all works created after January 1, 1978 has an protection period for the life of the creator plus an additional 70 years following his or her death. During this time, based on copyright laws, the individual may resell copies of the works for profit or may do as he or she pleases with the works