Also known as: derechos de autor · derecho de autores · copyright · author's right · moral rights
Written by attorneys · grounded in primary & secondary sources — see below
A civil law doctrine that grants authors moral and economic rights in their original creative works. The doctrine centers on the author's personal connection to the creation rather than on a purely economic grant from the state.
Daphne Doyle sued Decker Electronics in federal court for copying her screenplay. She added a state unfair-competition claim based on the same copying. The court exercised jurisdiction over the state claim because it arose from the identical facts as the federal claim.
Delilah Duran operated a file-sharing service that promoted users' ability to obtain copyrighted music. Evidence showed the service's business model depended on infringement. The court held the operator liable for actively inducing the violations.
Deanna Davenport sold video recorders that consumers used to tape copyrighted television programs. The manufacturer had no direct involvement in the taping. The court examined whether the device was capable of substantial noninfringing uses before imposing liability.
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Diego Duarte's magazine obtained an advance copy of a former president's memoirs and published key excerpts before authorized release. The publication took the heart of the work for news value. The court ruled the use was not fair because it usurped the market for first publication.
Diana Delgado arranged a subject in a studio and took a photograph that captured a particular pose and lighting. A lithographer reproduced the image without permission. The court recognized the photograph as an original work entitled to protection because the photographer's choices constituted authorship.
Devon Drake's rap group recorded a commercial parody that borrowed the melody and opening lyrics of a famous song but altered the lyrics to comment on the original. The parody took only what was necessary to evoke the source. The court held the use fair because the new work transformed the original for a different purpose.
A federal court may exercise supplemental jurisdiction over the state claim when both claims arise from the same set of facts. The shared nucleus of operative facts allows the court to resolve the entire controversy in one proceeding.
No. The commercial character of a parody is only one factor in the fair-use analysis. A court must weigh the degree of transformation and the amount borrowed against the market effect.
A photograph receives protection when the photographer makes original choices in posing the subject, arranging lighting, or selecting the angle. Those creative decisions satisfy the authorship requirement.
…concurs in the judgment. Majority opinion Opinion of Justice O'Connor This case requires us to clarify the extent of copyright protection available to telephone directory white pages. Rural Telephone Service Company, Inc., is a certified public utility that provides telephone service to several communities in…