X Meme Manager's Checklist ANCO your works including websites, with the Officer in order to secure benefits such as Other weer of other without . Den to whates that contain infringing content • Work with your attorney to ensure compliance with the requirements of Section 512 to ensure protection within the DMCA safe harbor. wity to obtain statutory damages Questions and Case Problems 1 It is common practice for recipients of email messages to sometimes forward those messages to others. Does such forwarding constitute copy right infringement? In your answer, be sure to specify which, if any, of the exclusive rights may have been violated by the act of forwarding and whether the doctrine of fair use applies. What remedies, if any, might a successful plaintiff be able to obtain? 2. In 2007, Amazon.com unveiled the first version of its kindle electronic book reader, a device that allows users to download and read any of more than 260,000 books in electronic format. In 2009, Amazon introduced a new text-to-speech feature for the Kindle that would read the books aloud in an electronic voice. Suppose you are an author whose books are available for download to the Kindle. Can you think of any reasons why you might oppose the text-to-speech feature? What markets for your work, if any, might be adversely affected? If you wanted to prevent Amazon from including the text-to-speech feature, what argu- ments can you make that the feature violates copyright law? 3. Plaintiff Leslie Kelly, a professional photographer who has copyrighted many of his images of the American West, licenses those images to other websites. The defendant is Arriba Soft Corp., an Internet search engine that displays its results in the form of small pictures. Arriba copied 35 of Kelly's images to its database without Kelly's permission and used them on its website so users could click on those small picture "thumbnails" to view a large version of the picture. When Kelly discovered this, he brought suit against the de- fendant for copyright infringement. What critical O O O X Meme 6 Part 2 Imellectual Property Business Aucts in the Information Age 5. factors are analyzed in determining whether use in a particular case is a fair use? Decide if Arriba Soft's use of the pictures is a fair use." 4. If you have ever read the small print accompa- nying a purchase of a box of software, you may have noticed that purchase transactions are often characterized as "licenses" rather than “sales." If they are sales, then the first sale doctrine allows the buyer to resell the software to third parties. As noted in the text, courts have often upheld such contract terms, finding the transaction to constitute a license. But not always. In Vernor v. Autodesk,26 a district court held that when Autodesk, Inc. transferred a physical copy of its AutoCAD software to a transferee, the purported license was actually a sale. As a result, Vernor (a transferee) could resell his copies on eBay. The court described as a "critical factor" in its decision the fact that Autodesk did not require the transferee to return the software. If you were Autodesk, why might you not want copies of AutoCAD resold on eBay? Would you require transferees to return the software in order to en sure the transfer was characterized as a license Ethical Consideration: Recall that the Google Book Project required the cooperation of a number of university and other libraries to con- tribute the books that would be scanned by Google. If you were a university library and Google asked for access to your holdings, would you agree to help facilitate the copying of copy- righted works, in addition to the copying of those in the public domain? Is it ethical to do so? Are there any reasons it may be unethical to decline to assist Google? dditional Resources United States Copyright Office, http://www. copyright.gov World Intellectual Property Organization (WIPO), ttp://www.wipo.int reative Commons, http://creativecommons.org arvard University, Berkman Center for Internet d Society, http://cyber.law.harvard.edu wrence Lessig, Is Google Book Search "Fair Use"? 15, 2006, http://www.youtube.com/watch? I'mU2iIhQINO . Copyright Act: A Safe-Harbor from Copyright Infringement Liability or the Perfect Storm? 6 NORTHWESTERN JOURNAL OF TECHNOLOGY & be TUAL PROPERTY I (2007) Jonathan J. Darrow & Gerald R. Fermer. Who a Decedent's E-Mails? Inheritable Probate Property of the Network?. 10 NYU LATION & Pau Pour 381 James Boyle, The Dem Endesting the . O O O
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