PUBPOL 201 Lecture Notes - Lecture 5: Substantial Similarity, Trade Secret, Mechanical License
Document Summary
Fair use: it"s not a privilege, it"s a right, there are not a lot of fair use cases. Judges don"t want to rule on something they"re not sure about. Infringement: plaintiff must prove, they are the copyright holder, defendant made infringing use of, substantial and, protected portion of the plaintiff"s work, there must be substantial similarity in the copy, extrinsically and/or. Are they objectively similar if we compare them? b. What is the protected work in music: composition, lyrics. American society of composers, authors and publishers. Grand rights: performance rights for dramatic works. Operas, ballets, musicals, etc: can be difficult to determine whether a work is dramatic or non, seek authorization from the copyright holder. Synchronization rights: a blanket performance production does not secure right to synchronize music to film or video etc, how does one get these rights, original programming, background or incidental use. Mechanical license: the right to distribute one"s own version of a musical composition.
