3 Copyright: Basic Scope of Protection, Fair Use, Online Liability, and the DMCA Safe Harbor 3 Copyright: Basic Scope of Protection, Fair Use, Online Liability, and the DMCA Safe Harbor
3.1 Copyright Act: 17 U.S. Code § 102 - Subject matter of copyright: In general 3.1 Copyright Act: 17 U.S. Code § 102 - Subject matter of copyright: In general
(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
3.2 Copyright Act: 17 U.S. Code § 106 - Exclusive rights in copyrighted works 3.2 Copyright Act: 17 U.S. Code § 106 - Exclusive rights in copyrighted works
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(3) 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;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
3.3 Copyright Act: 17 U.S. Code § 107 - Limitations on exclusive rights: Fair use 3.3 Copyright Act: 17 U.S. Code § 107 - Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
3.4. Eriq Gardner, "Appeals Court Rejects Photographer's Claim That Sony TV Movie Stole Image," The Hollywood Reporter (January 8, 2013)
3.5. Alexandra Alter, "Google's Digital Library Wins Court of Appeals Ruling," The New York Times (October 16, 2015)
3.6. Mike Masnick, "YouTube Wins Yet Another Complete Victory Over Viacom; Court Mocks Viacom's Ridiculous Legal Theories," Techdirt (April 18, 2013), read all (~2 pages)
3.7. In the Matter of: Section 512 Study: Notice and Request for Public Comment, Docket No. 2015-7, Before the U.S. Copyright Office, Library of Congress, Joint Comments of Recording Industry Association of America et al. (March 31, 2016), read Sections I, II, and III, pages 1 - 14 (~13 pages)
3.8. Section 512 Study: Notice and Request for Public Comment, Docket No. 2015-7, Comment of Google, Inc. (April 1, 2016), read Responses to Questions 1, 2, and 7, pages 1 - 5 and page 8 (~6 pages)
3.9 Content Creators Coalition, "T Bone Burnett on the Broken DMCA Safe Harbors" (video) (4:54) 3.9 Content Creators Coalition, "T Bone Burnett on the Broken DMCA Safe Harbors" (video) (4:54)
T Bone Burnett on the Broken DMCA Safe Harbors from Content Creators Coalition on Vimeo.