Chapter 5: The Statutory Rights of Copyright Owners
In prior chapters the book has discussed the types of subject matter
that are or are not protected under the copyright laws as well as the rules that govern the inception, duration and transfer of copyright ownership. This chapter discusses the important and complex question of what ownership means. Formally, copyright law is solely focused on the enforcement of exclusive rights or entitlements. However, copyright owners also use other means, like contracts and technical restrictions, to obtain what they perceive to be the optimal level of protection. As copyright moves into the digital era, the use of these other methods has increased, and the rest of the book is dedicated to studying these alternatives. This chapter begins this discussion by focusing on the most important part of copyright protection - statutory rights.
This chapter contains the following decisions, listed in the order they are presented in the text. Click on any case name to see background information as well as the full court opinion.
- The Elements of Infringement
- The Reproduction Right
- Nichols v. Universal Pictures Corp.
- Arnstein v. Porter
- Steinberg v. Columbia Pictures Industries, Inc.
- Boisson v. Banian, Ltd.
- Mannion v. Coors Brewing Company
- Sid & Marty Krofft Television Productions, Inc. v. McDonald's Corp.
- Cavalier v. Random House, Inc.
- Swirsky v. Carey
- Computer Associates International, Inc. v. Altai, Inc.
- The Distribution Right
- The Right to Prepare Derivative Works
- Moral Rights: The American Version
- The Public Performance and Public Display Rights
- Copyright and the Music Industry
Cases contained in second edition that are no longer in the third edition.
Carter v. Helmsley-Spear, Inc.
Dam Things from Denmark a/k/a Troll Company ApS v. Russ Berrie & Company, Inc.
Hotaling v. Church of Jesus Christ of Latter-Day Saints
Marobie-FL, Inc. v. National Association of Fire Equipment Distributors