0.2 Copyright laws (u.s.)

Chapter 4: Copyright Laws

From Copyright For The Rest Of Us by Marcia Keyser.

Jack Valenti, while president of the MPAA (Motion Picture Association of America) made the following statement in an interview with the Harvard Political Review:“ What is fair use? Fair use is not a law. There’s nothing in law.” How can we verify or contradict this statement?(Slater 2003)

By the end of this chapter, you will be able to answer :

I. Where is the law of the United State found?

II. Where is copyright law found?

III. What is the DMCA and what were its impacts?

IV. What is the TEACH Act?

V. Where can I go to see proposed copyright laws?

• Where can you find the law of the United States?

The law of the United States is published in the “United States Code.” The United States Code is abbreviated as the “USC” or the “US Code.” It can be found online in many places. The most reliable place is at the Government Printing Office web site, (External Link)

It can also be found at Cornell University’s Legal Information Institute, or the LII. (External Link)

Every six years a new printed edition of the US Code is made. The printed version can be found at most public, academic, and law libraries in the United States.

• Where is the US Copyright Law found?

The US Code is divided into chapters, and each chapter is called a “Title.” Currently, there are 50 Titles. Copyright is found in Title 17. Title 17 is also known as the “1976 Copyright Act.” Within the Copyright Act there are several chapters and within the chapters, sections. A section is designated with the symbol “§”. The very first section, §101, provides definitions of many terms and concepts

used in copyright law. It is written in a readable manner and worth reviewing for any person interested in copyright law. (U.S. Government)

The easiest way to find a certain section or topic within the copyright law is to use the online search functions provided by either of the online versions cited above.

The 1976 Copyright Act was the first major overhaul of copyright law since 1909. It was in development from the early 1960s. It went into effect in 1978. When you consider when this law was written and enacted, it is not surprising that its writers were thinking about printed copies and photocopiers, not digital copies, scanners, or the Internet. Several laws, or “acts,” have been passed since 1978 in order to keep the law up to date. However, many people believe that such “patchwork” laws are only temporary, and a complete rewrite is overdue. (Samuelson 2007, 2011)

Copyright law is also affected by court decisions, especially those in the nine Circuit Courts of the US. Past copyright court cases also tell lawyers how a court might judge a particular case. Several major court decisions will be outlined in this book. A longer list of copyright court cases can be found via Wikipedia (Sept, 2010): (External Link) (Sross Public Policy 2010)