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Copyright Law: Primary Sources

Statutes

Copyright law is federal law and codified under Title 17 of the United States Code. Title 17 can be found as either a pdf or text document below:

U.S. Copyright Act, U.S. Code, Title 17

 

Circular 92 is a publication from the Copyright Office that contains Title 17 and other related laws.

west cases on copyright

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  1. 1. Kepner-Tregoe, Inc. v. Leadership Software, Inc.

    United States Court of Appeals, Fifth Circuit. February 02, 1994 12 F.3d 527 1994 WL 3419 
     
  2. 2. Intercollegiate Broadcasting System, Inc. v. Copyright Royalty Bd.

    United States Court of Appeals, District of Columbia Circuit. August 11, 2015 796 F.3d 111 2015 WL 4727198 
     
  3. 3. Harper & Row Publishers, Inc. v. Nation Enterprises

    Supreme Court of the United States May 20, 1985 471 U.S. 539 105 S.Ct. 2218 
     
  4. 4. Sony Corp. of America v. Universal City Studios, Inc.

    Supreme Court of the United States January 17, 1984 464 U.S. 417 104 S.Ct. 774 
     
  5. 5. Midway Mfg. Co. v. Artic Intern., Inc.

    United States Court of Appeals, Seventh Circuit. April 11, 1983 704 F.2d 1009 1983 WL 238918 
     
  6. 6. Twentieth Century Music Corp. v. Aiken

    Supreme Court of the United States June 17, 1975 422 U.S. 151 95 S.Ct. 2040 
     
  7. 7. Feist Publications, Inc. v. Rural Telephone Service Co., Inc.

    Supreme Court of the United States March 27, 1991 499 U.S. 340 111 S.Ct. 1282 
     
  8. 8. Esquire, Inc. v. Ringer

    United States Court of Appeals, District of Columbia Circuit. August 14, 1978 591 F.2d 796 192 U.S.App.D.C. 187 
     
  9. 9. Three Boys Music Corp. v. Bolton

    United States Court of Appeals, Ninth Circuit. May 09, 2000 212 F.3d 477 54 U.S.P.Q.2d 1720 
     
  10. 10. Carol Barnhart Inc. v. Economy Cover Corp.

    United States Court of Appeals, Second Circuit. September 12, 1985 773 F.2d 411 228 U.S.P.Q. 385 

Case Law

Although U.S. Copyright law originates from Title 17 as shown in the box at the left, there are some important cases.  Some of the more recent important cases are listed below:  

MGM Studies, Inc. v. Grokster, Ltd., 545 U.S. 931 (2005):  Copyright holders including songwriters, music publishers, and motion picture studios brought copyright infringement action against distributors of peer-to-peer file sharing computer networking software.  The Supreme Court held that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.

Eldred v. Ashcroft, 537 U.S. 186 (2003):  Various businesses and individuals who used formerly copyrighted works that had since fallen into the public domain contested a new law that extended copyright limits under the Copyright Term Extension Act of 1998 (CTEA).  The Supreme Court held that CTEA did not violate the plaintiff's First Amendment Rights and CTEA did not violate the consitutional requirement that copyrights only endure for limited times. This case gave congress considerable latitute in setting copyright limits.
 
Feist Publications, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 363-64 (1991):  In this case, a telephone company sued others for copying its telephone number directory.  The Supreme Court concluded that: "We conclude that the names, towns, and telephone numbers copied by Feist were not original to Rural and therefore were not protected by the copyright in Rural's combined white and yellow pages directory. As a constitutional matter, copyright protects only those constituent elements of a work that possess more than a de minimis quantum of creativity. . . . This decision should not be construed as demeaning Rural's efforts in compiling its directory, but rather as making clear that copyright rewards originality, not effort."  This case set the standard for creativity for a work.  A work must be independently created by the author as opposed to being copied from other works and it must possess some degree of creativity.
Two cases, Arica Inst., Inc. v. Palmer, 970 F.2d 1067 (2d Cir. 1992) and Nash v. CBS, Inc., 899 F.2d 1537 (7th Cir. 1990), validated a concept called "copyright estoppel."  If information is presented as factual, even if it's fiction, then the author waives copyright protection.
Hoehling v. Universal City Studios, Inc., 618 F.2d 972 (2d Cir. 1980):  A historical work that relied much on facts which established that facts are not original and not copyrightable.  Therefore, a work that conveys mostly facts and theories has less copyright protection.

Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417 (1984).   The Supreme Court held that video copy machines in homes do not violate copyright protection when they time shift the time of when the copyrighted program was viewed.  
Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539 (1985):  Harper Row Magazine published unauthorized quotes from President' Ford's memoir and claimed fair use.  However, the Supreme Court held that magazine's unauthorized publication of verbatim quotes from essentially the “heart” of unpublished presidential memoirs, which was intended to supplant copyright holders' commercially valuable right of first publication, was not a “fair use” within meaning of Copyright Revision Act.

Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994):  A song writer took a romantic Roy Orbison song and made it into cynical parody.  The court held that the commercial nature of the parody did not rule out fair use and that parody by its nature must use a small amount of the original to make its point.  The court emphasized a balanced analysis of the four prongs to the fair use exemption.

legislative history

Congressional RecordView all 4,672

  1. 139 Cong. Rec. E1731-01

    Legislative History139 Cong. Rec. E1731-01July 01, 1993
     

U.S. Code Legislative HistoryView all 1,004

  1. H.R. REP. 91-1621

    Legislative HistoryH.R. REP. 91-1621November 24, 1970
     

U.S. Congressional TestimonyView all 10,000

  1. 1999 WL 156227

    Legislative History1999 WL 156227March 18, 1999
     

U.S. GAO Federal Legislative HistoryView all 2,574

  1. 76 Stat. 555

    Legislative History76 Stat. 555September 19, 1962
     

U.S. Political TranscriptsView all 10,000

  1. 2004 WL 255767

    Legislative History2004 WL 255767February 10, 2004
     

USCCAN Executive OrdersView all 141

  1. 1998 WL 716639

    Administrative Materials1998 WL 716639October 14, 1998
     

USCCAN Congressional Committee ReportsView all 1,009

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