Copyright Law and the Wall Street Journal: A Comprehensive Analysis

This report provides a comprehensive overview of copyright law, exploring its fundamental principles and practical applications. It begins by defining copyright and outlining the types of works protected, including literary, musical, dramatic, and audiovisual works, as well as compilations and architectural works. The report then details the copyright registration procedure and discusses the transfer and licensing of copyrights, including assignments and exclusive/non-exclusive licenses. It explains copyright infringement and the legal recourse available to copyright owners. The report then analyzes the Wall Street Journal's use of copyrighted materials, focusing on the concept of fair use and its applicability to news reporting, commentary, and criticism. It references key legal cases such as Kelly v. Arriba Soft Corporation and Lenz v. Universal Music Corp. to illustrate fair use principles. The report concludes by summarizing the key aspects of copyright law and its importance in protecting the rights of authors and artists.

INTRODUCTION
• Copyright law is considered to encourage the
creation of art by rewarding the authors along
with the artists with the rights that are
considered to be exclusive.
• In order to promote the progress of Science as
well as other useful arts which have been made
by the authors or other artists and such is
considered to be the primary objective of the
copyright law in the United States (Hirtle, 2019).

TYPES OF COPYRIGHT• Literary Works are protected by Copyright.
• Musical Works are protected by the copyright
law.
• Dramatic Works are protected by Copyright.
• Pantomimes and works of choreography are
also considered to be protected by copyright.
• Sculptural, pictorial and graphics are
protected by the copyright law.
• The Audio-visual works along with sound-
recordings and derivative works.
• Compilations and Architectural Works are
also protected by Copyright law (Reid, Tu, &
Port, 2018).

REGISTRATION PROCEDURE OF
COPYRIGHT
• The Copyright is considered to be granted to the
author who has created something original. The
registration is not considered to be necessary.
• Registration is considered to increase and
amplify the rights of the copyright holders.
• The registration is considered to enhance or
improve the possibility for any statutory
damages (Joyce, Ochoa, Carroll, Leaffer, & Jaszi,
2016).

Transfers and licenses
There are three ways in which a copyright
can be transferred
• Assignment: Is required to be in writing.
• Exclusive License: Is required to be in
writing.
• Non-Exclusive License: The transfers does
not require to be in writing and such can
be implied in terms of circumstances
(Cummings, 2017).

INFRINGEMENT
• The infringement of copyright occurs when there is a
violation of the exclusive rights that have been listed
in 17USC106.
• A copyright owner may bring a claim against
copyright infringement in a federal court as they
have exclusive subject matter jurisdiction over the
several infringement cases (Cummings, 2017).

WALL STREET JOURNAL
• The Wall Street Journal is considered to be a business
focused English language international daily newspaper
based in the New York City of the United States.
• It is published six days a week and it is also available
online.
• It is considered to be one of the largest newspapers in
the United States.
• It is known for its award winning news coverage
(Cronin, 2016).

USE OF COPYRIGHT BY WALL
STREET JOURNAL
 If there has been any owner or any individual who
thinks that their content has been used and
therefore, infringes upon the copyright of that
then there may be a notification submitted which
would be in accordance with the Digital
Millennium Copyright Act in writing (Cronin,
2016).

FAIR USE
• Fair Use is considered to be the use of limited
amounts of the copyrighted materials which would
be in such a manner that would not be considered
to be an infringement.
• It is considered to be used in certain specific arenas
such as computer code, file sharing, documentary
films, Internet Publication (Rocha, 2018).
• Such has been seen in the case of Kelly v. Arriba
Soft Corporation, 280 F.3d 934 (9th Cir. 2002)
which have been withdrawn and re-filed in 336 F.3d
811 (9th Cir. 2003).

FAIR USE
• Fair Use in the United States is considered to
include commentary, search engines, parody,
criticism, news reporting, scholarship and
research (Aufderheide, & Jaszi, 2018).
• It can be observed from the case of Lenz v.
Universal Music Corp., 801 F.3d 1126 (9th
Cir. 2015).

FAIR USE
• The Wall Street Journal is considered to use
a copyrighted material for transformative
purpose.
• It uses those materials to comment upon or
criticize.
• These can be done without any kind of
permission from the owner of such copyright
(Faklaris, & Hook, 2017).

CONCLUSION
Therefore, to conclude it can be said that the
copyright is considered to protect the literary
and the artistic works of the authors or the
artists who have created a work which is
considered to be original and due to such
they have certain rights towards those work
and such are protected under the Copyright
law in the United States.

REFERENCES
 Aufderheide, P., & Jaszi, P. (2018). Reclaiming fair use: How to put balance back in
copyright. University of Chicago Press.
 Cronin, C. (2016). Possession is 99% of the Law: 3D Printing, Public Domain Cultural
Artifacts and Copyright. Minn. JL Sci. & Tech., 17, 709.
 Cummings, A. S. (2017). Democracy of sound: Music piracy and the remaking of
American copyright in the twentieth century. Oxford University Press.
 Faklaris, C., & Hook, S. A. (2017, February). Attitudes About'Fair Use'and Content
Sharing in Social Media Applications. In Companion of the 2017 ACM Conference on
Computer Supported Cooperative Work and Social Computing (pp. 171-174).
 Hirtle, P. B. (2019). Copyright term and the public domain in the United States.

REFERENCES
 Joyce, C., Ochoa, T. T., Carroll, M. W., Leaffer, M. A., & Jaszi, P. (2016). Copyright
law (pp. 168-n). Durham, NC: Carolina Academic Press.
 Kelly v. Arriba Soft Corporation, 280 F.3d 934 (9th Cir. 2002)
 Lenz v. Universal Music Corp., 801 F.3d 1126 (9th Cir. 2015).
 Reid, A., Tu, S., & Port, K. L. (2018). Fundamentals of United States Intellectual
Property Law Copyright, Patent, and Trademark. Kluwer Law International BV.
 Rocha, V. (2018). Fair use in USA copyright v. EU infoSoc directive closed list of
exceptions and limitations. In Law and interculturalismo. Nanterre Colloquium-Law
and Interculturalism-XXII Annual Meeting (pp. 38-71). Universidade Católica
Portuguesa, Centro Regional do Porto.