Assignment 6 Flashcards
Name the three primary performance rights organizations.
The three primary performance rights organizations are: ASCAP, BMI, and SESAC, Inc.
When a television broadcaster, like ABC, broadcasts an episode of Grey’s Anatomy, has it performed a work publicly within the meaning of the Copyright Act? Explain your answer.
es, when a television broadcaster broadcasts an episode of Grey’s Anatomy, it has publicly performed a work within the meaning of the Copyright Act. Under the Copyright Act, to “perform” a work means “in the case of a motion picture or audiovisual work, to show it images in any sequence or to make the sounds accompanying it audible.” When the broadcaster broadcasts the episode (the episode being the audiovisual work) it is showing the images of the episode in a sequence and making its accompanying sound audible. Thus, such a broadcast qualifies as a performance.
Further, the broadcaster is publicly performing under the act because it is transmitting the episode to the public via means by which members of the public can receive the transmission. Thus, this qualifies as a public performance under the “to perform or or display a work ‘publicly’” definition provided by §101 of the Copyright Act.
When a small bar shows on a small flat screen television ESPN sports programming has the bar publicly performed the programs under the Copyright Act? Is the bar likely to be violating copyright law? Explain.
Yes, if a bar shows ESPN sports programming on a small flat screen television, the bar has publicly performed the programs under the Copyright Act. Under the Copyright Act, the definition of perform is very broad and includes playing a work and showing a work’s images in a sequence or making the sounds belonging to such work audible. Thus, showing ESPN programming would be either “playing” the work or showing a sequence of the work with the accompanying sounds. The performance is also public because the Copyright Act describes a public performance as one that is “open to the public or at any place where a substantial number of persons outside of normal circle of a family and its social acquaintances is gathered.” Assuming that the bar is open to the public or is at least where people outside of the bar owner’s family and friends gather, then the performance of the ESPN programming constitutes a public performance.
Generally, a license is required to publicly perform a copyrighted work without violating the copyright holder’s exclusive performance right. However, §110 of the Copyright Act lists a number of exceptions to the general rule. In this case, the exception in §110(5) seems most applicable. Under §110(5), it is not infringement to display a performance on “a single receiving apparatus of a king commonly used in private homes.” Assuming the bar is small and is limited to the one small flat screen television, the bar is likely to qualify under this exception and therefore will not be infringing by displaying ESPN’s sports programming.
A high school plans to put on a production of the musical, Les Miserables, a famous (and excellent) copyrighted broadway musical. None of the student performers or directors will get paid for the performance. They would like to perform the musical for the public free of charge and without paying royalties or obtaining copyright permissions. Can they perform the musical without permission of the copyright holder? Please explain.
No, the high school cannot put on the production w/o the permission of the copyright holder. §110(4), the non profit exception will not apply b/c it only applies to nondramatic literary works. The high school play would be a dramatic literary work.
Student, as part of a class assignment in a literature class, without permission of the copyright holder, recites a copyrighted poem in front of a class of 40 students. Has the student publicly performed the work? Has the student infringed the copyright? Please explain.
Yes, Student has publicly performed the work because the recitation of a work is included in the Copyright Act’s definition of “performance.” Further, Student is reciting his/her work to a group of people who are outside the circle of his/her family and friends, which makes Student’s recitation a public performance under §101’s definition of a public performance.
However, student has not infringed the copyright because his public performance falls within the classroom exception described in §110(1). For the exception to be applicable, the performance must be made (1) by an instructor or pupil, (2) in the course of face-to-fact teaching activities, and (3) at a nonprofit educational institution. In this case, Student meets all the elements required for the exception to apply. First, Student is a pupil. Second, Student is reciting the poem in class, which constitutes face-to-face teaching activities. The third element is satisfied assuming Student is at a nonprofit educational institution. Therefore, it is likely that Student has not infringed the copyright.
You recite the same copyrighted poem (as in question 5) to your boyfriend/girlfriend at a quiet candlelight dinner. Have you performed the work? Any copyright problem? Explain.
I have performed the work because the definition of “performance” in §101 includes reciting a copyrighted work. However, I have not caused any copyright problem. This is because the performance was not public. A public performance would be a performance performed in front of people outside of my family and friends. Here, my boyfriend would qualify as either family or friend and thus the performance would not be public.
What is the first sale doctrine? Please cite the statute.
The first sale doctrine states that once the owner of a copyright has made the first sale or public distribution of the work, the owner’s exclusive right to distribution ends. Thus, the person who lawfully purchased or received the work from the copyright owner has the right to sell or give away the work. The doctrine is embodied in §109(a) of the Copyright Act.
What is the important factual distinction between Quality King Distributors, Inc. v. L’anza Research Int’l and Kirtsaeng v. John Wiley & Sons?
The important factual distinction between Quality King and Kirtsaeng involves the location where the copies of the work were made. In Quality King, the copies were manufactured in the United States. In Kirtsaeng, the copies were manufactured outside of the United States.
What is the rule from the holding in Kirtsaeng v. John Wiley & Sons, Inc.?
The rule from Kirtsaeng, is that the first sale doctrine is applicable to sales of copies made outside of the United States even when such copies are manufactured outside of the United States.
