Intellectual Property Law

Chapter 11 Discussion Answers

1. Anna, a singer and guitar player, plays various songs composed by Willie Nelson
and Dolly Parton at her local weekly farmers’ market. Have any copyright rights
been violated? Discuss.
Yes. The performance rights of Willie Nelson and Dolly Parton have
been violated. The farmers’ market is a public forum. Anna is
performing the works at a place open to the public or at a place where
a substantial number of persons outside of a normal circle of a family
and its social acquaintances is gathered. Anna should either obtain
licenses from the performing rights organizations or use the statutory
or compulsory license mechanism to obtain permission to perform
these copyrighted works.

2. You are a devoted fan of the Hunger Games trilogy and have decided to expand
the characters’ lives and create children for them and to describe their lives in the
future on your website entitled www.fanfiction.net. Have any copyright rights
been violated? Discuss.
Yes. The rights of the copyright owner of the Hunger Games trilogy
have been violated. Only the copyright owner may prepare derivative
works based on the copyrighted work (or authorize others to do so). It
is possible that the copyright owner will be pleased with the additional
interest and publicity for her work and elect not to sue for
infringement. Nevertheless, the work violates the derivative rights of
the copyright owner.

3. Discuss whether the following acts are permissible or impermissible under
copyright law.

• Giving your paperback copy of Catcher in the Rye to another
This is permissible. Under the first sale doctrine, once the
copyright owner parts with ownership, the new owner of a
lawfully made copy may use, sell, or distribute the work to
another. The copyright owner loses the right to distribution
once the “first sale” has been made.

• Setting up a business in your home to rent music CDs and various
software programs (such as Microsoft Office) to others
These activities are not permissible. The first sale doctrine does
not apply to “commercial” rentals of phonorecords and certain
computer programs. Setting up a business to rent music CDs is
a commercial activity.

• Painting a reproduction of a famous 2002 painting
Impermissible. The copyright owner has the exclusive right to
reproduce the work and exclude others from doing so.

• Making copies of an interesting article about a book you are reading and
distributing them to your book group (of about 30 people)
Impermissible. The copyright owner (author of the article) has
the exclusive right to reproduce the article and exclude others
from doing so. You should check with the Copyright Clearance
Center to obtain a license to reproduce the work.

• Singing the recently written religious song Believing in You at your
Sunday worship services
This is permissible. Performances of musical works of a
religious nature in the source of services at a place of worship
are permitted (under an exception to the right of
performance).

• Showing the movie Noah at your church hall
This is impermissible for two reasons: The exception that
allows performances of religious works relates only to
nondramatic literary or musical works. Noah is a motion
picture. Moreover, to be permissible, the work must be shown
in the course of services at the place of worship and the
“showing” in this case appears to be outside the course of a
religious service.

4. You have purchased a poster and a print of a piece of art (of which there are only
100 signed copies). May you draw a mustache on the female characters displayed
in these works? Discuss.
You may draw a mustache on the female characters displayed in the
poster because, by statute, posters are not works of “visual arts” as
defined by the Visual Artists Rights Act. The print of the piece of art,
however, is a “work of visual art” because it exists in a limited edition
of 200 or fewer signed copies (assuming those copies are consecutively
numbered). Artists whose works are covered by the Act can prevent
any intentional distortion, mutilation, or other modification that
would be prejudicial to their reputation. Thus, the copyright owner of
the print could prevent this mutilation; most artists would likely
believe their reputations would be injured by such modification.

5. You have asked your neighbor, a talented singer, to sing Jason Mraz’s song I’m
Yours at a bridal shower you are hosting in your home. Have any copyright rights
been violated? Discuss.
No. Although copyright owners of musical works have the exclusive
right to perform their works, this right only applies to “public
performances.” To perform a work publicly means to perform it at a
place open to the public or at any place where a substantial number of
persons outside of a normal circle of a family and its social
acquaintances is gathered. A bridal shower hosted in a private home
is not a public performance.

6. Sid, the owner of a very small restaurant (about 2,000 square feet) wishes to bring
in his television so his patrons can watch the upcoming World Series.

a. May Sid do this without violating any copyright rights? Discuss.
Yes. Not only is Sid within the “home-style exemption” (in that
his receiving device, the television, is one commonly used in a
home), his restaurant is within the square footage limits of 17
U.S.C. § 110(5), which is meant to exempt small commercial
establishments whose proprietors bring onto their premises
standard “home-style” radios and televisions for the enjoyment
of their patrons.

b. Would your answer change if Sid charged admission for the event?
Discuss.
Yes. The transmission is only permissible under 17 U.S.C. §
110(5) if there is no direct fee charged. Thus, if Sid charges an
admission fee, he cannot rely on the home-style exemption and
would be violating the copyright rights of the owner of the
broadcast.