Arts and Humanities Commons^™

A Primer On Copyright And Fair Use, Ann E. Biswas, Charles J. Russo

Charles J. Russo

One student creates a video for class using a Lady Gaga song. Another puts together a PowerPoint presentation about the Vietnam War using images she found online. A third student adds a link to a YouTube video in a blog post for an English class. One teacher photocopies and distributes articles from a national newspaper. Another teacher records a television documentary at home and shows it to her class. Did those students and teachers violate copyright law? The complex, evolving laws governing copyright and fair use are muddied by the rapid growth and use of technology in schools, yet it's …

A Primer On Copyright And Fair Use, Ann E. Biswas, Charles J. Russo

Ann E. Biswas

One student creates a video for class using a Lady Gaga song. Another puts together a PowerPoint presentation about the Vietnam War using images she found online. A third student adds a link to a YouTube video in a blog post for an English class. One teacher photocopies and distributes articles from a national newspaper. Another teacher records a television documentary at home and shows it to her class.

Did those students and teachers violate copyright law? The complex, evolving laws governing copyright and fair use are muddied by the rapid growth and use of technology in schools, yet it's …

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

Looking For Fair Use In The Dmca's Safety Dance, Ira Nathenson

Ira Steven Nathenson

Like a ballet, the notice-and-take-down provisions of the Digital Millennium Copyright Act ("DMCA") provide complex procedures to obtain take-downs of online infringement. Copyright owners send notices of infringement to service providers, who in turn remove claimed infringement in exchange for a statutory safe harbor from copyright liability. But like a dance meant for two, the DMCA is less effective in protecting the "third wheel," the users of internet services. Even Senator John McCain - who in 1998 voted for the DMCA - wrote in exasperation to YouTube after some of his presidential campaign videos were removed due to take-downs. McCain …