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.Duration of copyright: Works created but not published or copyrighted before January 1, 1978.(a) Copyright in a work created before January 1, 1978, but not theretofore in the public domain orcopyrighted, subsists from January 1, 1978, and endures for the term provided by section 302.In no case,however, shall the term of copyright in such a work expire before December 31, 2002; and, if the work ispublished on or before December 31, 2002, the term of copyright shall not expire before December 31,2047&.CHAPTER 5.COPYRIGHT INFRINGEMENT AND REMEDIES.Section 502.Remedies for infringement: Injunctions.(a) Any court having jurisdiction & may & grant temporary and final injunctions on such terms as it maydeem reasonable to prevent or restrain infringement of a copyright&.Section 503.Remedies for infringement: Impounding and disposition of infringing articles.(a) & the court may order the impounding, on such terms as it may deem reasonable &(b) & the court may order the destruction or other reasonable disposition of all copies or phonorecords foundto have been made or used in violation of the copyright owner s exclusive rights &Section 504.Remedies for infringement: Damages and profits.(a) In General.Except as otherwise provided by this title, an infringer of copyright is liable for either(1) the copyright owner s actual damages and any additional profits of the infringer, as provided bysubsection (b); or(2) statutory damages, as provided by subsection (c).(b) Actual Damages and Profits.The copyright owner is entitled to recover the actual damages suffered byhim or her as a result of the infringement, and any profits of the infringer that are attributable to theinfringement and are not taken into account in computing the actual damages&(c) Statutory Damages.(1) & the copyright owner may elect, at any time before final judgment is rendered, to recover, instead ofactual damages and profits, an award of statutory damages & in a sum of not less than $750 or more than$30,000 as the court considers just&.(2) In a case where & the court finds, that infringement was committed willfully, the court in its discretionmay increase the award of statutory damages to a sum of not more than $150,000&. Page 136Section 505.Remedies for infringement: Costs and attorney s fees.In any civil action under this title, the court in its discretion may allow the recovery of full costs by or againstany party other than the United States or an officer thereof.Except as otherwise provided by this title, thecourt may also award a reasonable attorney s fee to the prevailing party as part of the costs.Section 506.Criminal offenses.(a) Criminal Infringement.Any person who infringes a copyright willfully either(1) for purposes of commercial advantage or private financial gain, or(2) by the reproduction or distribution, including by electronic means, during any 180-day period, or 1 ormore copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than$1,000,shall be punished as provided under section 2319 of title 18, United States Code.For purposes of thissubsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient toestablish willful infringement.(b) Forfeiture and Destruction.When any person is convicted of any violation of subsection (a), the court inits judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture anddestruction or other disposition of all infringing copies or phonorecords and all implements, devices, orequipment used in the manufacture of such infringing copies or phonorecords.Approved October 19, 1976.NOTES1.This examination will be limited to copyright acts inasmuch as they involve freedom of expression in amore direct way than either trademark or patent laws.2.Melville B.Nimmer and David Nimmer, Nimmer on Copyright, vol.1, § 1.10[A], pp.66.44 45.3.Copyright Act of 1802.See Burrow-Giles Lithographic Co.v.Sarony, 1884, p.57.Congress proposed theamendment on September 25, 1789, and enacted the copyright act on May 31, 1790.The First Amendmentbecame effective when approved by the eleventh state (Virginia) on December 15, 1791.The Copyright Actof 1802 was enacted on April 29, 1802.4.Copyright infringement and plagiarization should not be confused.Copyright infringement is the unlawfulcopying of the expressive works of another, whether credit to the author by way of attribution is given ornot.Plagiarization is the act of claiming another s expression or idea as one s own, whether the idea orexpression is copyrighted or not. Page 1375.The comments of Chief Justice William Howard Taft in Charles Wolff Packing Co.v.Court of IndustrialRelations, 1923, p.534.6.A guild is an association of persons of the same trade or pursuits, formed to protect mutual interests andmaintain standards.It established a monopoly of trade in its locality or within a particular branch of industryor commerce; it set and maintained standards for the quality of goods and the integrity of trading practicesin that industry; it worked to maintain stable prices for its goods and commodities; and it sought to controltown or city governments in order to further the interests of the guild members and achieve their economicobjectives.7.Theodore F.T.Plucknett, A Concise History of the Common Law (Boston: Little, Brown and Company,1956) p.499.8.The public domain has become important as designating materials that for reasons of obvious publicpolicy are too important to the public interest to permit proprietary interest to overcome the public s freedomto use as they may.For example, an early U.S.Supreme Court decision held without discussion that printedreports of its decisions could not be the subject of copyright ( Wheaton v.Peters, 1834).9.Other tests exist, but the idea expression distinction has continued to be the primary test utilized by thecourts.Moreover, the Supreme Court has yet to rule on either the specific aspects of the relevant test or thespecific application of First Amendment to copyright laws.10.For legislative history, see S.Rep.No.94 473, H.R.Rep.No.94 1476.11.See 94th Cong.H.Rep.94 1476. Page 138This page intentionally left blank. Page 1396Labor-Management RelationsJust as symbolic speech clouds the speech nonspeech distinction, labor laws do something very similar, byseeking to enhance freedoms of speech and association [ Pobierz caÅ‚ość w formacie PDF ]
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.Duration of copyright: Works created but not published or copyrighted before January 1, 1978.(a) Copyright in a work created before January 1, 1978, but not theretofore in the public domain orcopyrighted, subsists from January 1, 1978, and endures for the term provided by section 302.In no case,however, shall the term of copyright in such a work expire before December 31, 2002; and, if the work ispublished on or before December 31, 2002, the term of copyright shall not expire before December 31,2047&.CHAPTER 5.COPYRIGHT INFRINGEMENT AND REMEDIES.Section 502.Remedies for infringement: Injunctions.(a) Any court having jurisdiction & may & grant temporary and final injunctions on such terms as it maydeem reasonable to prevent or restrain infringement of a copyright&.Section 503.Remedies for infringement: Impounding and disposition of infringing articles.(a) & the court may order the impounding, on such terms as it may deem reasonable &(b) & the court may order the destruction or other reasonable disposition of all copies or phonorecords foundto have been made or used in violation of the copyright owner s exclusive rights &Section 504.Remedies for infringement: Damages and profits.(a) In General.Except as otherwise provided by this title, an infringer of copyright is liable for either(1) the copyright owner s actual damages and any additional profits of the infringer, as provided bysubsection (b); or(2) statutory damages, as provided by subsection (c).(b) Actual Damages and Profits.The copyright owner is entitled to recover the actual damages suffered byhim or her as a result of the infringement, and any profits of the infringer that are attributable to theinfringement and are not taken into account in computing the actual damages&(c) Statutory Damages.(1) & the copyright owner may elect, at any time before final judgment is rendered, to recover, instead ofactual damages and profits, an award of statutory damages & in a sum of not less than $750 or more than$30,000 as the court considers just&.(2) In a case where & the court finds, that infringement was committed willfully, the court in its discretionmay increase the award of statutory damages to a sum of not more than $150,000&. Page 136Section 505.Remedies for infringement: Costs and attorney s fees.In any civil action under this title, the court in its discretion may allow the recovery of full costs by or againstany party other than the United States or an officer thereof.Except as otherwise provided by this title, thecourt may also award a reasonable attorney s fee to the prevailing party as part of the costs.Section 506.Criminal offenses.(a) Criminal Infringement.Any person who infringes a copyright willfully either(1) for purposes of commercial advantage or private financial gain, or(2) by the reproduction or distribution, including by electronic means, during any 180-day period, or 1 ormore copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than$1,000,shall be punished as provided under section 2319 of title 18, United States Code.For purposes of thissubsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient toestablish willful infringement.(b) Forfeiture and Destruction.When any person is convicted of any violation of subsection (a), the court inits judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture anddestruction or other disposition of all infringing copies or phonorecords and all implements, devices, orequipment used in the manufacture of such infringing copies or phonorecords.Approved October 19, 1976.NOTES1.This examination will be limited to copyright acts inasmuch as they involve freedom of expression in amore direct way than either trademark or patent laws.2.Melville B.Nimmer and David Nimmer, Nimmer on Copyright, vol.1, § 1.10[A], pp.66.44 45.3.Copyright Act of 1802.See Burrow-Giles Lithographic Co.v.Sarony, 1884, p.57.Congress proposed theamendment on September 25, 1789, and enacted the copyright act on May 31, 1790.The First Amendmentbecame effective when approved by the eleventh state (Virginia) on December 15, 1791.The Copyright Actof 1802 was enacted on April 29, 1802.4.Copyright infringement and plagiarization should not be confused.Copyright infringement is the unlawfulcopying of the expressive works of another, whether credit to the author by way of attribution is given ornot.Plagiarization is the act of claiming another s expression or idea as one s own, whether the idea orexpression is copyrighted or not. Page 1375.The comments of Chief Justice William Howard Taft in Charles Wolff Packing Co.v.Court of IndustrialRelations, 1923, p.534.6.A guild is an association of persons of the same trade or pursuits, formed to protect mutual interests andmaintain standards.It established a monopoly of trade in its locality or within a particular branch of industryor commerce; it set and maintained standards for the quality of goods and the integrity of trading practicesin that industry; it worked to maintain stable prices for its goods and commodities; and it sought to controltown or city governments in order to further the interests of the guild members and achieve their economicobjectives.7.Theodore F.T.Plucknett, A Concise History of the Common Law (Boston: Little, Brown and Company,1956) p.499.8.The public domain has become important as designating materials that for reasons of obvious publicpolicy are too important to the public interest to permit proprietary interest to overcome the public s freedomto use as they may.For example, an early U.S.Supreme Court decision held without discussion that printedreports of its decisions could not be the subject of copyright ( Wheaton v.Peters, 1834).9.Other tests exist, but the idea expression distinction has continued to be the primary test utilized by thecourts.Moreover, the Supreme Court has yet to rule on either the specific aspects of the relevant test or thespecific application of First Amendment to copyright laws.10.For legislative history, see S.Rep.No.94 473, H.R.Rep.No.94 1476.11.See 94th Cong.H.Rep.94 1476. Page 138This page intentionally left blank. Page 1396Labor-Management RelationsJust as symbolic speech clouds the speech nonspeech distinction, labor laws do something very similar, byseeking to enhance freedoms of speech and association [ Pobierz caÅ‚ość w formacie PDF ]