Summary Copyright Outline WITH Attack Sheets

Plaintiff has to prove Standing a. A valid copyright: b. If registered; Presumption of valid copyright. i. Registration requirements: 1. Registration, Deposit + Fee ii. Defendant can attack – it is a rebuttable presumption. (P. 596 1st full para.). c. If not registered: i. Prove each element of a valid copyright: 1. Determine if derivative work a. Must be authorized b. Determine new Work, only that may be copyrighted. 2. Original Work of Authorship a. Original i. Independent Creation ii. De-Minimis Creativity 3. Fixed in a Tangible Medium of Expression 4. Author = US Citizen or Foreign Author first publishing in a treaty country 5. Compliance with Statutory Formalities a. 1909 Act i. Protection established on Publication ii. Notice of Copyright iii. Registration may be required to sue. b. 1978 Act i. Protection upon fixation. d. Still In effect i. Duration 1. Still during exclusive rights period. ii. Termination 1. Not terminated by original author or technicality. e. That Plaintiff has an Interest in. i. Present Copyright Ownership ii. Original Author iii. Exclusive Licensee iv. Beneficial Owner v. Issues of ownership: 1. Joint authors 2. Collective Works 3. Work for Hire: 4. Assignments 5. Exclusive Licensee (2) Plaintiff Must Prove Court has Jurisdiction (3) Proof of an Act of infringement