solved STUDENT 1 BJ DB Forum 2 For a work to

STUDENT 1 BJ
DB Forum 2
For a work to be copyrighted it must be original, a work of an authorship, and fixed in a tangible form of expression. In order for a work to be considered an original, it must have been independently created and must possess a modicum of creativity. The requirement is the material must be an independent product of the author and not merely some copy or minimal variation of existing work. Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets, Section 10-2, (5th ed. 2018). Works of authorship is fixed in any tangible medium of expression, now known or hereafter developed, from which they can be perceived, reproduced, and otherwise communicated, either directly or with the aid of a machine. 17 U.S.C. § 102. Id. at Section 10-4. A work is “fixed” when it is embodied in a copy or phonorecord and is sufficiently permanent or stable to permit it to be perceived, reproduced, or communicated for a period of more than transitory duration. 17 U.S.C § 101. Id. at Section 10-3. One famous case held that the rolls of music for a player piano were not subject to copyright protection because they could not be read by humans as sheet music could. White-Smith Music Publ’g Co v. Apollo Co., 209 U.S. 1 (1908). Id. at Section 10-3. There are two categories that are considered fixed, copies and phonorecords. Examples of copies are books or movies and examples of phonorecords are CD’s and records.
Based on that, would the following be copyrightable?
The lyrics to the hymn “Amazing Grace”: Yes
The dance steps to the hit song “YMCA”: Yes
The slogan for Nike, “Just do it.”: No
An app that you download to your smartphone or tablet: No
The United States Code, in print form: No
A blueprint design to a new building: Yes
An idea for a new movie: No
I think the federal copyright laws comport with Biblical principles. Copyright laws protect the creator and we have a duty to ensure that if we want to enjoy those creations then we owe them credit for it. Otherwise, we would be taking advantage of each other. The wealthy would take over the pieces of work from the lower class, and the creators would have their rights to their own work taken away from them. Give to everyone what you owe them: If you owe taxes, pay taxes; if revenue, then revenue; if respect, then respect; if honor, then honor. Romans 13:7, (New International Version).
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STUDENT 2 KAB
Discussion Board: Copyright
The Patent and Copyright Clause of the Constitution of the United States of America at Article 1, Section 8, is the basis of copyright law in America.  The clause reads that Congress should have the authority to legislate laws “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries.”  The very first law that was passed in reference to this clause was the Copyright Act of 1790.
Up until the federal Copyright Act of 1976 (Title 17 U.S. Code §§ 101 – 1401 (Copyrights)) became law on January 1, 1978, the only requirement for an American writer or artist to copyright their works that they had not yet published was to make a public affirmation that the work was yours.  I remember when I was growing up, my Uncle Fred who always wrote and sang songs, would print his songs out, put them into a sealed envelope, sign the back of it, and then mail them to himself.  He told me that the date of the postmark was the date of his perpetual copyright on a particular song.
But, once you distribute your work for profit to the general public, the second component of the then prevalent copyright law was for the American to pay the $35 to register your work online with the USPTO to obtain copyright protection for only 56 years.
The USTPO’s Circular #1 lists the nine different broad categories of copyrighted materials to include: “(1) Literary works; (2) Musical works, including any accompanying words; (3) Dramatic works, including any accompanying music; (4) Pantomimes and choreographic works; (5) Pictorial, graphic, and sculptural works; (7) Motion pictures and other audiovisual works; (8) Sound recordings, which are works that result from the fixation of a series of musical, spoken, or other sounds; and (9) Architectural works.”  It also listed, generally, what cannot be copyrighted as:  “(1) Ideas, procedures, methods, systems, processes, concepts, principles, or discoveries; (2) Works that are not fixed in a tangible form (such as a choreographic work that has not been notated or recorded or an improvisational speech that has not been written down); (3) Titles, names, short phrases, and slogans; (4) Familiar symbols or designs; (5) Mere variations of typographic ornamentation, lettering, or coloring; and (6) Mere listings of ingredients or contents.”
Additionally, there are three minimum criteria to go a work registered are (1) originality, (2) creativity, and (3) fixation.
Originality means that the work must be something new that must have been created independent of all other existing creations, and not merely copied.  Creativity means that the work must demonstrate a very small amount of ingenuity.  Fixation means that it must be a tangible piece of artwork.
Based on these requirements,
the lyrics to the hymn “Amazing Grace” are copyrightable;
the dance steps to the hit song “YMCA” are not copyrightable;
the slogan for Nike, “Just do it” is not copyrightable;
an app that you download to your smartphone or tablet is copyrightable;
the United States Code, in print form, is copyrightable;
a blueprint design to a new building is copyrightable; and
an idea for a new movie, is not copyrightable.
REFERENCES
Deborah E. Bouchoux, Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets, 5th Ed., 2016, available at https://learn.liberty.edu/webapps/bbgs-mindlinks-B…