美国版权法(第四部分)

• § 103(a) the subject matter of copyright as specified by
section 102 includes compilations and derivative works
• § 103(b) – distinguishes between the contribution of the
• Moral Rights Protected through the Derivative Work Right/Contract
– Gilliam v. American Broadcasting Cos., 538 F.2d 14 (2d Cir. 1976)
• British comedy writers and performers (Monty Python) licensed U.S. TV network (ABC) to broadcast MP’s television programmes • ABC broadcast the programmes, but made significant cuts, rendering the programmes incomprehensible • MP successfully sued ABC on the ground that the license to broadcast did not include a license to create a derivative work.
Building
Copyrightable as architectural work
Limitations to Architectural Work Copyright
• § 120. Scope of exclusive rights in architectural works • (a) Pictorial Representations Permitted. — The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place. • (b) Alterations to and Destruction of Buildings. — Notwithstanding the provisions of section 106(2), the owners of a building embodying an architectural work may, without the consent of the author or copyright owner of the architectural work, make or authorize the making of alterations to such building, and destroy or authorize the destruction of such building.
Architectural Works
• §
102(a)(8) “architectural works”:
– Added by the Architectural Works Copyright Act (AWCA) of 1990
• § 102(a)(5) “PGS” + s. 101 def.: “…including architectural
Plans
Copyrightable as PGS (graphic); building from the plans would not infringe, but copying them would
Building is a useful article; separable aspects copyrightable
• Protection of some aspects of moral rights through federal trademark law:
• § 101 A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a "derivative work".
• The derivative work right provides only weak protection for moral rights. • The derivative work right is fully assignable. • Under article 6bis, moral rights are required to endure even after alienation of the economic rights
– § 106(2) exclusive right of copyright owner to “prepare derivative
works based upon the copyrighted work.” – (Limited immunity for derivative works made in reliance on the public domain status of the underlying work when the public domain status changes.)]
• Schrock v. Learning Curve, 586 F.3d (7th Cir. 2009) • The 7th Circuit has recently revisited this issue, and held that derivative work copyright does not require a higher standard [than Feist].
• Final Report of the Ad Hoc Working Group on U.S. Adherence to the Berne Convention, 10 Colum.-VLA J.L. & Arts 513 (1986):
– Concluded that, on the whole, U.S. law, through a combination of copyright, Lanham Trademarks Act and common law claims, offers meaningful equivalents to moral rights
Lecture 4
Functionality (cont.): Architectural Works Derivative Works Moral Rights under U.S. Law Parallel Importation Fair Use
Architectural Works
• The Berne Convention requires protection of architectural works by copyright law. • Berne Convention, art. 2(1): The expression “literary and artistic works” shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as works of … architecture, … and three-dimensional works relative to … architecture … .
– A owns valuable copyright. – A licenses B and C to create derivative works. – If B had a separate copyright in the derivative woБайду номын сангаасk, B could easily accuse C of copyright infringement.
Gracen v. Bradford Exch., 698 F.2d 300 (7th Cir. 1983)
• One reason for a higher standard in the derivative work context is to avoid licensees from harassing one another.
plans.”
• § 101:…is the design of a building as embodied in any
tangible medium of expression, including a building, architectural plans, or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design, but does not include individual standard features.”
Architectural Works
Pre-AWCPA 1990 Post-AWCPA
[including unpublished architectural plans; protection up to 12/31/02 unless constructed by then.] Copyrightable as AWplans infringed by copying from them and/or building from them
author and the underlying work
– “derivative works are only protected by the Copyright Act if there is lawful use of the preexisting material.” Palladium