Jane Ginsburg, “Overview of Copyright Law” in R.C. Dreyfuss & J. Pila, Oxford Handbook of Intellectual Property Law (2018).
2 Mark Rose, Authors and Owners, the Invention of Copyright (Harvard U. Press 1993) at p.35.
3 As quoted in Chapter 2 of Peter Baldwin, The Copyright Wars: Three Centuries of Trans-Atlantic Battle (Princeton U. Press 2014).
4 Paul Goldstein & Bernt Hugenholtz, International Copyright: Principles, Law and Practice (Oxford U. Press, 3rd ed. 2013) at p. 6
5 U.S. Const., Article I, clause 8.
6 Mihály Ficsor, Collective Management of Copyright and Related Rights (WIPO publication no. 855, 2002) at 16.
7 Goldstein & Hugenholtz, op. cit., § 7.7.
8 Dr. Ficsor’s WIPO publication (at 18-19) gives a helpful discussion of SACD (Société des auteurs et compositeurs dramatiques or the Society of Dramatic Authors and Composers [theatrical]) and SGDL (Société des gens de lettres or the Society of People of Letters [fiction and non-fiction authors]), both of which organizations are still active today. Bourget’s contributions for music composers, including the creation of SACEM (Société des auteurs, compositeurs et éditeurs de musique or the Society of Authors, Composers and Publishers of Music) are discussed in the article “Performing Rights Societies in the Digital Environment” by Philippe Gilliéron (Stanford U. thesis 2006).
9 See the “outside links” section on the WIPO landing page on collective management, which includes links to CISAC (International Confederation of Societies of Authors and Composers), IFRRO (International Federation of Reproduction Rights Organizations), IFPI (International Federation of the Phonographic Industry), SCAPR (Societies’ Council for the Collective Management of Performers’ Rights), and AGICOA (Association for the International Collective Management of Audiovisual Works). URL : https://www.wipo.int/members/en/organizations.jsp?type=NGO_INT
0 International Publishing Association/WIPO report https://www.wipo.int/publications/en/details.jsp?id=4488
1 Ficsor, op. cit., at 17.
2 Tarja Koskinen-0lsson and Nicholas Lowe, Module 1 General Aspects of Collective Management https://www.wipo.int/edocs/pubdocs/en/wipo_pub_emat_2014_1.pdf (part of WIPOs Educational Material on Collective Management of Copyright and Related Rights
3 International Survey on Text and Image Copyright Levies (WIPO publication 1042-20, 2014) at 6.
4 Directive 2014/26/EU on Collective Management of Copyright and Related Rights and Multi-Territorial Licensing of Rights in Musical Works for Online Use in the Internal Market (26 February 2014).
5 Directive (EU) 2019/790 on Copyright and Related Rights in the Digital Single Market (17 April 2019).
6 Ficsor, op. cit., at 74.
7 Even in the U.S., compulsory licenses exist for certain performance rights in music (in television broadcasts and in digital radio) and they are supplemented by the “mechanical” licenses for devices that play or reproduce sound – the compulsory mechanical license found in Section 115 of the U.S. Copyright Act provides that, after a song has been recorded and released for the first time, the owner is required to make licenses available (on terms controlled by the statute) to third parties that also wish to make and release a commercial recording (think of “covers” of famous songs).
8 ASCAP (American Society of Composers, Authors and Publishers) was formed in 1914; BMI (Broadcast Music Inc.) was formed in 1939.
9 Will Slauter, Who Owns the News: A History of Copyright (Stanford U. Press, 2019).
20 International News Service v. Associated Press, 248 U.S. 215 (1918).
21 Benjamin Kaplan was a professor at Harvard Law School and later at Suffolk University Law School, where the author took his copyright law class; early in his career, Prof. Kaplan was part of the legal staff that brought indictments and convictions against Nazi officials in the 1945-46 Nuremberg trials; during the 1970s, he served on the Massachusetts Supreme Judicial Court and, after retirement, was recalled to serve on the Massachusetts Appeals Court from 1983 to 2005.
22 Benjamin Kaplan, An Unhurried View of Copyright (Columbia U. Press 1967), from a series of lectures delivered at Columbia; republished by LexisNexis (in conjunction with Suffolk U. Law School) in 2005 in an expanded version with contributions from other copyright professors and professionals.
23 Id. at 102.
24 Williams & Wilkins Co. v. United States, 487 F.2d 1345 (Ct. Cl. 1973), aff’d by an equally divided Court, 420 U.S. 376 (1975).
25 4 Melville B. & David Nimmer, Nimmer on Copyright § 13.05[E][c] (Matthew Bender Rev. Ed.).
26 60 F.3rd 913 (2nd Cir. 1995).
27 Final Report on the National Commission on New Technological Uses of Copyrighted Works (July 31, 1978); 192 pp. Printed copies are now hard to find; a version formatted for online viewing is online at: http://digital-law-online.info/CONTU/contu-toc.html
28 CONTU Final Report, p 89-103 ff. See also: “Circular 21, “Reproduction of Copyrighted Works by Educators andLibrarians” Available online at: https://www.copyright.gov/circs/circ21.pdf
29 “Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law” (1961) p. 26. Available at: https://www.copyright.gov/history/1961_registers_report.pdf.
30 See Circular 21.
31CONTU Final Report, Appendix A, pp. 100-101.
32 H.R. Rep. No. 94-1733, at 72.