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Intellectual Property Law and Interactive Media

Free for a Fee


Edward Lee Lamoureux, Steven L. Baron and Claire Stewart

The digitizing of intellectual property and the ease and speed with which it can be copied, transmitted, and globally shared poses legal challenges for traditional owners of content rights, for those who create new media, and for those who consume new media content.
This informative and accessible introductory text, written for students of media and communication, provides a comprehensive overview of the complex legal landscape surrounding new media and intellectual property rights. The authors present theoretical backgrounds, legislative developments, and legal case histories in intellectual property law. Copyright, patents, trademarks, trade secrets, personal torts (rights of publicity, defamation, privacy) are examined in U.S., international, and virtual contexts. Suitable as a primary text for courses focusing on intellectual property law in multimedia/new media, this book will also be useful for courses in media law. The information presented in the book is supplemented by, a blog providing updates to students and instructors alike. A glossary of key terms is also provided.


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Chapter 1: Copyright 29


CHAPTER ONE Copyright Let’s consider three copyright conundrums before taking up a historical review of the legislation through which US copyright law has emerged. First: Th e fi lm • Titanic is being shown on a broadcast television network; you receive it over your digital cable service Sunday night at 7. Th e fi lm will be presented with limited amounts of advertising. You set your TiVo to record it so you can watch it later that evening. When you watch it, starting at 10 PM, you fast-forward through all the ads. Th is is probably legal. You are working on a criticism project for a fi lm appreciation class • you are taking at the university. You go to Blockbuster to rent a copy of the fi lm Titanic. However, your DVD player is on the fritz, so you borrow a video cassette copy to play in your VCR. Using your com- puter and a video deck, you “pull out” a short segment of the movie, Lamoureaux.indd Sec1:29 2/2/09 10:46:53 PM  intellectual property law and interactive media digitize it, and include it in the PowerPoint presentation you’ll do when you present your project to the class. Th is is probably legal. Later, your DVD player comes back from the shop. You go to Block-• buster and return the videotape and rent a DVD copy of the fi lm Titanic. Returning to your computer and DVD deck, you use a piece of software you bought that “rips” DVDs, and you extract the short portion...

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