Copyright Cases

The clash between authors and the consumers and publishers of expression continued in 2010, as more creative works became electronically formatted and transmitted. This survey highlights cases addressing the requirement of originality, interpretations of fair use, implied licenses and works for hire, statutory royalty payments, standing, and the uncertainty of damages. Originally a judge-made doctrine and now codified in 17 USC Section 107, the fair use doctrine continues to provoke controversy. In Bridgeport Music Inc v. UMG Recordings Inc, the trial court correctly instructed the jury that copying certain elements of a song as an homage or tribute was "not necessarily fair use." Copyright law continues to evolve in the digital age, as new situations provoke disputes. Standard business practices, such as proper employment practices, copyright asset inventories, and attention to early dispute resolution will go far to protect the business owner in this time of uncertainty.