Copyright questions for discussion

Consider the in-class performance of "Rap Against Perpetuities" from 17 February by Messrs Domek and Schwab [hereinafter "creators"].

1. Mr. Ilich and Ms Yonover both recorded the performance without the permission or knowledge of either of the creators.

2. Mr. Ilich posted his video clip from the Domek/Schwab recordings on a website open to anyone with Internet access.

A. Which of the following violated creator rights conferred by 17 U.S.C. § 106? Which rights?

1. Posting the recordings on the Web (Ilich)

2. Posting a link to the YouTube clip on the class website (Perritt)

3. Listening to the live performance

4. Listening to and watching the video clip on YouTube

3. Editing Hassanalizideh's work in an audio editor

4. One of you plays the video clip for a group of friends

5. One of you takes "Rap Against Perpetuities," puts it to music that you write and overdub and offer it for sale on Amazon.

B. What is the "work," in each case?

C. Does either or both creators have a valid copyright in their work? Does Ilich have a copyright in the video clip?

D. Which acts of prima facie infringement from (A) qualify for the Fair Use privilege under section 107? Evaluate each of the four factors