Copyright questions for discussion
Consider the in-class performances from 25 February by Mr. Hakimi and Ms Rivera, the mp3 recording by Quinn, and the videos made by several others. [hereinafter "creators"].
The audio recording was made without the performers' knowledge or permission. The video(s) are ambiguous in that regard.
As we discuss these questions, we will alternately assume that the owner of the copyright in the pre-existing work did and did not give permission for the performance.
A. Which of the following violated, or would violate, creator rights conferred by 17 U.S.C. § 106? Which rights?
1. Posting the recordings on the Web.
2. Listening to the the performances and recordings
3. Editing any of the performances work in an audio editor
4. One of you plays one or more of the audio clips for a group of friends
5. One of you runs an audio recording or the audio track of the video recording through autotune software, and offers it for sale on Amazon.
B. What is the "work," in each case?
C. Does one or more of the creators/performers have a valid copyright in his work?
D. Which acts of prima facie infringement from (A) qualify for the Fair Use privilege under section 107? Evaluate each of the four factors