U.S. Copyright Law (U.S. Law Basics 15)

How does the world's leading entertainment power promote creativity?

The United States boasts the world's largest market in the fields of film and music.

Even though it is also an entertainment powerhouse, its system design and underlying philosophy, including fair use, termination rights, and non-destruction rights, differ significantly from Japan's.

This book vividly portrays its characteristics and appeal, with a seasoned practitioner who supports creators providing clear and engaging explanations of case precedents.

The first comprehensive overview for a deep understanding of the American copyright system!

[Table of Contents] Chapter 1: An Invitation to American Copyright Law I. The American Federal Court System—Copyright Issues are Under the Jurisdiction of Federal Courts— II. Historical Changes in Copyright Law—From the 1790 Act to the 1909 Act, and then to the 1976 Act— III. The Significance of the Copyright System—The Justification for Copyright—

Chapter 2: Copyright Protection Requirements and Registration System I. What Kind of Creative Works Are Granted Copyright?—From Formalism to Non-Formalism— II. Formal Requirements—What are the Advantages of the Attribution System and the Registration System?— III. Information Not Protected by Copyright Law—You'll Definitely Lose Out If You Don't Know—

Chapter 3: Subject Matter of Copyright Protection I. Literary Works—Creative Works Expressed Through Language— II. Musical Works—Creative Works Expressed Through Sound— III. Theatrical Works—Creative Works Expressed Through Stories— IV. Pantomime and Dance Works—Creative Works Expressed Through Bodily Movement— V. Paintings, Graphics, and Sculptures—The Eternal Challenge of Applied Arts— VI. Films and Other Audiovisual Works – Creative Works Expressed Through Images – VII Sound Recordings – Protection of Sound – VIII Architectural Works – The Last Work to Join the Class – IX Compilation Works – Creative Works Expressed Through Editing – X Derivative Works – Like a Baby Turtle Riding on the Back of a Mother Turtle –

Chapter 4: Subjects of Copyright I Who are the Authors of AI-Generated Works? – The Mark of Creative Contribution – II Joint Works – Works Created by Teams – III Works Created in the Employment of a Writer – Works Created in Large Quantities Every Day –

Chapter 5: Transfer of Rights and Unknown Uses I Transfer of Rights and the Registration System Determining the Priority of Transfers – Essential Knowledge to Avoid Being Deceived – II Interpretation Methods of Contracts Related to Transfer of Rights – Strict Interpretation Approach and Rational Interpretation Approach – III Court Cases Regarding Contract Interpretation of Unknown Uses – Judges in Struggle – IV Strict Interpretation Approach or Rational Interpretation Approach? – Standalone Use Type and Material Use Type –

Chapter 6: Protection Period I The protection period has been prolonged through repeated legal amendments—from the registration date to the issuance date, and then to the death date— II. Why was the death date principle introduced in the 1976 Act?—An explanation in the House report— III. The Sonny Bono Act that extended Mickey Mouse's life—Save Mickey! — IV. Is the Sonny Bono Act Unconstitutional? — What will the Supreme Court's ruling be? — V. "I don't know when the author died..." — The presumption system for those of you in that situation —

Chapter 7: Termination Rights System I. Renewal System — Initial protection period + renewal period — II. Termination Rights System — Authors need two chances to enter into a contract — III. New benefits of the Termination Rights System — Preventing works from being left dormant —

Chapter 8: Moral Rights I. Protection system for visual arts — A unique American legal system — II. Protection of visual arts by VARA — Moral rights under federal law — III. Court cases concerning works with recognized fame — Judging artistic merit is difficult — IV. The future of the right to prevent destruction — What is the fate of destroyed works of art? —

Chapter 9: Exclusive Rights I. Reproduction rights — The most basic right — II. Adaptation rights — The right to prohibit the creation of derivative works — III. Distribution rights — The right to control the distribution of copyrighted works — IV. Public Performance and Exhibition Rights – The Right to Prohibit Intangible Use of Copyrighted Works – V. Digital Audio Transmission Rights of Sound Recordings – A Child of the Network Age –

Chapter 10: Fair Use I. The History of Fair Use – Its Origins in Folsom v. Marsh in 1841 – II. The Four Elements of Fair Use – A Judgment Method Using Factor Analysis – III. Major Court Cases Concerning Fair Use – A plethora of Important Cases – IV. Should Fair Use Be Introduced into Japanese Law? – The Debate Continues –

Chapter 11: Limitations on Rights I. Limitations on Copyright for Public Performance and Exhibition II. Secondary Transmission – A Service Playing a Major Role in American Society – III. Limitations on Temporary Fixation for Transmission IV. Statutory Licensing System for Public Broadcasting V. Performance by Jukebox VI. Compulsory Licensing System for Recordings of Musical Works VII. Limitations on Copyright for Sound Recordings VIII. Limitations on Copyright for Paintings, Graphics, and Sculptures IX. Restrictions on Architectural Works X. Reproduction by Libraries and Archives XI. Reproduction and Adaptation of Computer Programs XII. Reproduction and Adaptation for Persons with Disabilities Chapter 12: Performers' Rights and Protection I. Protection under Contract Law—Securing Legitimate Interests through Contracts II. Protection under Collective Bargaining Agreements—Labor Unions as Allies of the Weak III. Protection under Federal Copyright Law—A Formidable Enemy Known as Employee Works IV. Protection under Common Law Copyright—Non-Permanent Works V. Protection under Publicity Rights—A Powerful Weapon Given to Celebrities VI. Protection under the Lanham Act—Protection from Misrepresentation VII. Should Japan Aim to Establish and Expand American-Style Collective Bargaining Agreements? Chapter 13: Infringement and Remedies I. Requirements for Claiming Copyright Infringement—Conditions for Winning a Case II. Major Court Cases—The Difficulty of Determining Similarity or Dissimilarity III. Civil Remedies—What Kind of Remedies Can Rights Holders Receive? IV. Criminal Penalties—Imprisonment and Fines—

Chapter 14: Indirect Infringement I. Subrogation Liability Doctrine—So-called Liability for Failure to Supervise— II. Contributory Infringement Doctrine—If You Aid an Infringer, You Also Become an Infringer— III. Indirect Infringement Litigation in Cyberspace—The Emergence of P2P Services—

Chapter 15: DMCA I. Limitation of Liability for OSPs—OSPs are in a Legally Unstable Position— II. Protection of Technological Means—Is the DMCA Excessive Protection?— III. Protection of Copyright Management Information—Its Significance and Prohibited Actions—

Chapter 16: Intersection of Federal and State Laws I. Relationship Between Federal and State Laws—Federal Law Takes Presence Over State Law— II. What is the Right of Pursuit Granted to Authors of Artworks?—A Remedy for Unfortunate Artists— III. California Right of Pursuit Act—The Only Right of Pursuit Act in the United States— IV. Relationship Between the California Right of Pursuit Act and the Interstate Commerce Clause—Further Trials Continue— V. The Future of the California Right of Pursuit Act—Life or Death—