Chapter 23. Meeting 23, Languages: Intellectual Property and Copyright 23.1. Announcements • Sonic System Project Report due Today, 3 December 23.2. Quiz • 10 Minutes 23.3. Copyright • Copyright: the right to copy • An intangible property right: right of copyright is based on authorship and exists separate and apart from any particular physical expression • Protects the expression of ideas, not the ideas themselves • Original copyright holders have exclusive right of first publishing 23.4. Public Domain • Works created prior to copyright law, or that have fallen out of copyright, are in the public domain • No person or entity can claim the work as private property, and the work cannot be re-copyrighted • Works may be used for commercial or non-commercial applications 23.5. The Value of the Public Domain • Provide a pool of shared resources for reworking and remixing 514• Reworking and remixing is a type of creativity 23.6. What can be Copyrighted • Facts, ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries are not copyrightable (Moser 2006, p. 38) • Copyright protects original expressions in a fixed medium • Sound recordings are a separate copyright (a separate expression in a fixed medium) from the underlying musical composition • Improvisation (as not fixed in a medium) is not copyrighted unless it is recorded; a copyright then exists for the composition and the recording (Moser 2006, p. 39) 23.7. Copyright Origins • Technology and copyright have always been intertwined • Copyright’s origins as “... a delayed response to technological advances” (Moser 2006, p. 12) • 1710: The Statute of Anne in England: Granted authors a copyright of 14 years, with a 14 year extension 515516Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing, Reprinting, and Publishing, or causing to be Printed, Reprinted, and Published Books, and other Writings, without the Consent of the Authors or Proprietors of such Books and Writings, to their very great Detriment, and too often to the Ruin of them and their Families: For Preventing therefore such Practices for the future, and for the Encouragement of Learned Men to Compose and Write useful Books; May it please Your Majesty, that it may be Enacted ... That from and after the Tenth Day of April, One thousand seven hundred and ten, the Author of any Book or Books already Printed, who hath not Transferred to any other the Copy or Copies of such Book or Books, ... shall have the sole Right and Liberty of Printing such Book and Books for the Term of One and twenty Years, to Commence from the said Tenth Day of April, and no longer; and that the Author of any Book or Books already Composed and not Printed and Published, or that shall hereafter be Composed, and his Assignee, or Assigns, shall have the sole Liberty of Printing and Reprinting such Book and Books for the Term of fourteen • Applied only to books 23.8. The U.S. Constitution • 1783: Article I, Section 8, Clause 8: the Progress Clause • Congress is empowered “to Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” 23.9. Copyright Act of 1790 • First implementation of constitutional mandate • Modeled on Statute of Anne • Gave authors 14 years of copyright, with the option to renew • Later extended to 28 years, renewable for 14 years (Krasilovsky 2003, p. 103) • Protected books, charts, maps; music was not protected 23.10. Copyright Act of 1909 • Offered protection to “all the writings of an author” independent of medium Supreme Court interprets this as applying to the results of all creative and intellectual labor • Total copyright term extended to 56 years: original term of 28 years, renewable for 28 years (Krasilovsky 2003, p. 103) • Copyright granted to composers and music publishers; not to musicians and record companies 517• Copyright protections only granted to registered works • Created a compulsory mechanical license to reproduce and distribute sound recordings of musical compositions 23.11. Copyright Act of 1909: Compulsory Mechanical Licenses • An exception to copyright, where the copyright holder’s permission is not required • Motivated in part by popularity of player pianos and the market for selling piano rolls • After initial authorization of recording distribution, any other person may also record and distribute recordings of the work after giving written notice and paying statutory royalty (starting at 2 cents) on each record made and distributed • Audio recordings and piano rolls themselves could not yet be copyrighted; only the underlying composition was protected • 1909: statutory rate of 2 cents per unit for each mechanical license (Krasilovsky 2003, p. 98) • 2006: 9.1 cents or 1.75 cents per minute of playing time or fraction thereof, whichever is great 23.12. Copyright Act of 1976 • Went in to effect on 1 January 1978 • Copyright becomes automatic: no registration is required • Any work of original authorship can be protected • Duration extended to life of author plus 50 years • Fair use doctrine is introduced 23.13. Copyright Act of 1976: Music • Recordings themselves (not only the composition) are protected for the first time • Copyright protection given for all sound recordings first fixed and published on or after 15 February 1972 • Recordings pre 1972 were protected by state laws • Recordings before 1972 would have fallen into the public domain on 2047, but this was extended by the CTEA to 2067. 51823.14. Copyright Act of 1976: Fair Use • Permits some copying and distribution without permission • Four determining factors, but no certainty prior to litigation • 1. Purpose and character of use: commercial v. nonprofit educational purposes • 2. Nature of the copyrighted work • 3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole • 4. The effect of the use upon the potential market for or value of the copyrighted work • There are no rules as to proportions of a work (percentage, notes, seconds) that can be used for fair use 23.15. Sony Corp. of America v. Universal City Studios, Inc. 1984 • 1981: Ninth Circuit Court of Appeals found that “… the