Principles of Copyright Law – Cases and Materials
119 III. OWNERSHIP OF RIGHTS himself and Devil take the hindmost.” Consistently with that ethos, any co-author may exploit the p ...
property on the terms specified by the licensor, who remains the owner. A licence may be quite informal and even implied. Postin ...
121 III. OWNERSHIP OF RIGHTS EXAMPLE: Suppose a film-maker wants some special effects for his film. A supplier quotes a price in ...
convey a license to use the footage in [its film] would mean that plaintiff ’s contribution to the film was “of minimal value,” ...
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125 TABLE OF CONTENTS CHAPTER IV. INFRINGEMENT AND ENFORCEMENT A. INFRINGEMENT DOING AN UNAUTHORIZED ACT IN RELATION TO THE WHO ...
TAKING ONLY IDEAS IS NOT INFRINGEMENT A COPYRIGHT OWNER CANNOT SUE FOR INFRINGEMENT FOR ACTS TO WHICH HE HAS EXPRESSLY OR IMPLI ...
127 TABLE OF CONTENTS CHAPTER IV. DAMAGES The plaintiff should be restored, so far as money can do so, to the position he wou ...
INFRINGEMENT AND ENFORCEMENT A. INFRINGEMENT Copyright infringement occurs when anyone, other than the copyright owner or someon ...
129 IV. INFRINGEMENT AND ENFORCEMENT Nonetheless, it seems to me that where the whole of the photograph is reproduced, as in the ...
ECW published a book solely about Shania Twain. The writer (the second defendant, Holmes) included 16 passages from Honour Song ...
131 IV. INFRINGEMENT AND ENFORCEMENT (the direct quotes from Shania Twain). I conclude, on these facts, that the use made by the ...
EXAMPLE 3: The plaintiff wrote and recorded a pop song called The Music’s Got Me. The defendant wrote and recorded a song called ...
133 IV. INFRINGEMENT AND ENFORCEMENT infringed. Again, the fact that defendants appropriated the exact arrangement of plaintiff ...
originate another work in the same general form, provided he does so from his own resources and makes the work he so originates ...
135 IV. INFRINGEMENT AND ENFORCEMENT Copyright is only infringed if “a substantial part of the work with copyright is reproduced ...
COPYRIGHT PREVENTS UNAUTHORIZED TAKING OF THE PLAINTIFF’S WORK: INDEPENDENT CREATION IS NOT INFRINGEMENT Striking similaritie ...
137 IV. INFRINGEMENT AND ENFORCEMENT Of course the inference of access, and hence of copying, could be rebutted by proof that th ...
It is conceded on the one hand (as is obvious to the ear) that the two works show considerable similarities, and on the other ha ...
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