Intellectual Property Law

Chapter 15 Discussion Answers

1. Nick purchased a copy of a video game that was protected against further
copying. Nick has discovered a method of disabling this measure, and he has
begun making numerous copies of the game so he can sell it online. Has Nick
violated any laws? Discuss.

Nick has violated the DMCA, which specifically prohibits disabling or
tampering with or circumventing digital rights management
measures. The DMCA prohibits any tampering or removal with
copyright management information, e.g., removal of encryption
materials. Once he sells the games online, he will be committing
copyright infringement.

2. After Sarah broke up with Mark, Mark posted some provocative pictures of Sarah
on the Internet. Sarah had taken the pictures of herself (“selfies”) using her iPhone
and then texted the pictures to Mark. Have any copyright laws been violated?
What might Sarah do to protect herself? Discuss.

Sarah is the owner of the copyright in the photos. She took the
pictures, using her camera, they were original, and they were fixed.
Thus, further dissemination and reproduction of them by Mark
violates Sarah’s copyright rights. Sarah should use the provisions of
the DMCA and provide a takedown notice to the website, asking it to
take down the photos. (There may be other state laws, such as privacy
laws, that might apply as well to this issue of “revenge porn.”)

3. Charlotte has been selling counterfeit music CDs on the Craig’s List Internet site.

a. When Craig’s List receives any notices that CDs offered for sale on its site
violate copyright rights, it promptly removes them. Discuss whether
Craig’s List has any liability for infringement.
Under the DMCA, an Internet service provider such as Craig’s
List must act expeditiously. If it removes the listings
“promptly,” such would allow it to claim the “safe harbor” of
the DMCA, which protects online service providers if they
have a process to remove infringing material and do so
promptly. 17 U.S.C. § 512(c).

b. Assume that the Craig’s List homepage prominently states, “Interested in
fake CDs? We’re here to help you buy and sell them, and we only take 5
percent of your sales price.” Discuss whether Craig’s List has any liability
for infringement.
In this case, Craig’s List cannot claim the safe harbor of the
DMCA. It is actively encouraging others to infringe
copyrighted works. This is more than just generalized
knowledge that infringement might be occurring or “red flag”
knowledge; it is actual knowledge of specific infringement.
Moreover, it is clear that Craig’s List has the right and ability
to control the infringing activity (meaning that it is
significantly influencing or participating in the activity and
gaining a financial benefit from it). Thus, it is liable for
infringement (along with those who sell the fake CDs).

4. The website LyricalNotes.com publishes lyrics of popular songs on its Internet
site. Have any copyright laws been violated? Discuss.
Yes. Only the composers of the lyrics have a right to reproduce or
distribute those lyrics. LyricalNotes.com should enter into a licensing
arrangement so that it can publish these lyrics.

5. Discuss whether Dionne Warwick receives royalties for the following songs
played on Pandora. She is the singer but not the composer of the songs:

a. That’s What Friends Are For (1982)
Dionne Warwick will receive royalties for her post-1972
works/sound recordings when they are played on Internet or
satellite radio.

b. Do You Know the Way to San Jose? (1968)
Dionne Warwick will not receive royalties for her pre-1972
works/sound recordings when they are played on Internet or
satellite radio. Sound recordings made before 1972 were not
considered “performances” under federal law. Artists and
SoundExchange, the entity that collects and pays royalties for
digital performances, strongly advocate for legislation that
would require all digital services to pay for all the music they
play, regardless of the year it was created.

6. Madison used her iPhone to record a live Bruno Mars concert and stream it to her
friends. Have any copyright laws been violated? Discuss.
When individuals live-stream sporting events, concerts, or other
copyrighted content, such may be copyright infringement. The
copyright owner (Bruno Mars) should issue a takedown notice to
whatever site is hosting the content. Madison is infringing the rights of
the content owner (Bruno Mars) by live-streaming the owner’s
content to others. Moreover, she may be violating a contract in that
her ticket to the event may specifically prohibit this conduct.

7. A mask work was sold on October 15, 2015. When must a copyright application
for the work be made for it to be protected?
The application must be made by October 15, 2017, to be protected. A
mask work must be registered within two years after it is
commercially exploited in order to be protected. If it is not registered
by this date, it is no longer protectable. (Note that if application is
made on October 15, 2017, and the Copyright Office registers the
work, the date of registration will be October 15, 2017, regardless of
how long it takes for the application to be approved.)

8. Joelle has used her 3D printer to make a vase (for her personal use) that is in the
shape of Superman. Have any copyright laws been violated? Discuss.

Yes. Only the copyright owner of the Superman character has the
right to create derivative works based on the original. Even though
Joelle is not selling or distributing the vase, she has violated the
copyright owner’s rights by reproducing the work and making a
derivative work based on the original protected work.