Copyright - Spring 2008 - Review Q and A

You're On Your Own. Good Luck!

The deadline for questions to the professor has passed. Also, I have posted all of the student Q&A's that I plan to post, so you need not check back here once you've seen this post.

Good luck everybody.

Uncopyrightable Material and the Copying Prong.

Q: When proving copying in infringement, can you consider non-copyrighted material?

A: Yes. This is why I keep saying that the four fake entries in Feist, even though almost certainly uncopyrightable, can still be used to satisfy the "copying" prong of the infringement test.

Works for Hire and Terminations of Transfer.

It is my understanding that works for hire can not be terminated. Is that the case?

Yes. See section 203(a).

Derivative Works and Fixation.

Q: I wanted to check my understanding of the adaptation right and copyright in derivative works. Is the following correct?
According to the legislative history of section 106, a derivative performance that isn't fixed, like a ballet or an improvisation, can infringe the right to prepare derivative works. However, if the copyright owner himself prepares a derivative work that isn't fixed or gives someone permission to do so, that derivative work would not qualify for its own copyright protection under 103 because it isn't fixed. Additionally, even if the derivative work were fixed, it would require "originality plus" to qualify for copyright protection.

My main question concerns the ability of an unfixed derivative work to infringe versus receive its own copyright protection.

A: Correct, and well stated.

About the Law of Transfers and Licenses.

This semester, we skipped the reading on transfers and licenses. A student just pointed out to me that there are many, many issues in review problem one from the Spring 2007 exam that turn on these issues. For this reason, aspects of this question will probably seem somewhat mysterious to you.

Welcome.

Welcome to the student question and answer blog for Professor Ohm's Spring 2008 Copyright course. During the exam period, I will post student questions with my answers on this page.

I am not posting every single student question. Instead, I am only posting student questions that I believe the class, as a whole, will benefit from hearing. Some questions are too basic to deserve attention. Other questions are too advanced and nuanced. So don't take it personally if your question doesn't appear here. (Do take it personally if I don't respond to one of your questions. I might have forgotten to get to it, so if you don't hear from me in a day or two, please ask again.)