Class Notecards Flashcards

Question

2 categories of interest in land

Answer 1

- possessory | - non-possessory

Answer 2

- estates classified according to the quantity, nature, and extent of the rights they involve into 2 major categories: - -Freehold - -Less than freehold

Answer 3

-easements, profits a prendre; priviledged or license to go on property for certain purposes

Answer 4

-may be held individually or concurrently by two or more person, each of who m is entitled to an undivided interest in the entire property

Answer 5

- a right of ownership of real property for an indefinite time (fee estate) or for the life of a person (life estate) * Best type of property estate is one that gives you immediate possession and ownership for life * Estate without immediate right to possession is known as a future interest

Answer 6

- include the right to immediate possession for an indefinite time and the right to transfer the interest by deed or will - include both simple and qualified fee estates

Answer 7

- the property is owned absolutely and can be sold or passed on at will; this provides the greatest possible ownership interest - basic characteristics: - --transfer of ownership - --transferring ownership through inheritance * most extensive and comprehensive estate, all others are defied from it - conveyance must be intended to convey full and absolute title in the absence of clear intent to the contrary - grantor must have fee simple interest to transfer

Answer 8

- Tenancy in Common | - Joint Tenancy

Answer 9

- can be multiple parties - default way that parties relate - profit/proceeds are directly attributable to percent of ownership (70% to Jeff, 30% to Erika) - both entitled to 100% use - legal benefits and other things are defined by percentage of ownership - If Erika dies, she can do with her land what she wants, she can sell, bequeath, or give it away (ANYTHING) - -------Taxable Event - Jeff has no ownership in her 30%

Answer 10

- No corporate entities because they are forever; only humans - Neither can do anything to this property without the others permission - Default way married persons relate to property - Fundamental distinction between married and not married - If joint tenant dies, the other tenant retains 100% ownership (not a taxable event because nothing changed) - Only 2 people - Can have this outside of marriage but must have a separate contract - All rights of marriage can happen "a la carte" without being married

Answer 11

-written document (deed to protect against fraud)

Answer 12

- descriptive - written - witnessed - signed

Answer 13

- General Warranty Deed - Special Warranty Deed - Quitclaim Deed

Answer 14

- Best deed you can get - Contains all warranties possible (20) - -> you are the owner - -> no secret problems - person guaranteeing property is priming to defend your ownership of the property

Answer 15

- Anything less than a general warranty - Very common - Pay less, get less warranty

Answer 16

- Worst kind - "Whatever I have, I now give to you" - Grants whatever I had (Sold you 10% not 100% and you can't sue regardless of what is represented to you)

Answer 17

1. Race - whoever gets to the recorders office first 2. Notice - if Caleb has actual notice or if Katie's has actually recorded, then he is the owner 3. Race/Notice - whichever one gets their first as long as Caleb does not now about Katie

Answer 18

- possessor interest in someone else's property | - utility easement

Answer 19

- government | - utility

Answer 20

-cannot build higher to protect neighbors view

Answer 21

- Easement Appurtenant | - Easement in Gross

Answer 22

-runs with the land, condition of the title

Answer 23

- owned by a person or company as long as they need it they have it - when they are not around anymore it ceases to exist

Answer 24

- accession argument for realty - if someone occupies your land for a particular amount of time in a particular way they become the owners - in Utah, the period is 7 years

Answer 25

- actual possession - adverse - open and notorious - continuous - for the prescribed period (clock begins when the rightful owner does know or should have known about the squatter)

Answer 26

-any specified amount of time

Answer 27

-month to month; get one whole period NOT the equivalent

Answer 28

- when someone is staying at your house - no regular/recurring payments (does not have to pay) - to end, you must give them a reasonable amount of time depending on the circumstances (reasonable person is 2 weeks)

Answer 29

- someone keeps staying in the apartment after they are supposed to have left - still a tenant - they can be evicted but they owe you money

Answer 30

- changing locks; throwing stuff in the street | - power company can turn off power; landlord cannot

Answer 31

- file a pay or quit notice - if they fix the problem then you cannot evict them anymore - sheriff's office is the only one who can physically remove the tenant and their stuff

Answer 32

- eviction | - mutual agreement

Answer 33

- pay rent - not commit waste - not commit ameliorative waste - abide by lease - not sublet

Answer 34

- must be habitable - hot/cold water - non-leaking ceiling - not infested - warranty of quiet enjoyment

Answer 35

-breach of any duty can lead to a lawsuit by either party

Answer 36

-passage of time and giving it up

Answer 37

- encouraged men to write works, so it offered them protection of these works - 14 years for new things, 21 years for things that are already out there - first example of copyright - sets time periods for copyright and ownership of book by the author - Commerce Clause in Constitution provides for Congress to create copyright law

Answer 38

-"To promote the progress of Science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries"

Answer 39

-original works of authorship, consisting of copyrightable subject matter, fixed in a tangible medium of expression

Answer 40

-creating, NOT just compiling

Answer 41

-must be set in a permanent way

Answer 42

-Instagram, FB comments, anything you make/create. (must be set down in some immutable piece - paper, audio, video)

Answer 43

1. Produce 2. Copy 3. Distribute 4. Have attribution for 5. Display 6. Perform (with one exception) 7. Prepare derivatives.

Answer 44

1. The fist sale doctrine - they have the right to control the sale of their work. But only their first sale. Not meant to capture copying. Copyright law says it is illegal to make copies of your music. 2. The compulsory license for performance - explains why you can perform cover versions of songs. Or why you can play a song you didn't right. It means that if you are a copyright holder that something is performable, you do not have to get permission from the copyright holder to perform their work. However, you do have to pay for it. You need permission if you want to change the performance however. Has to be a business environment though. If you are just playing at your house or something, you can do what you'd like. 3. Photographs of building facades and public displays. 4. Certain remedies are unavailable to non registrants 5. The Fair Use exception to copyright

Answer 45

-can be copied but after a certain amount of time it becomes public domain

Answer 46

-if you don't protect your inventions and ideas at all then nobody is going to make new ideas and new books but if you copyright it forever then people won't be encouraged to create new art because they are making money forever on one thing that they have invented or created

Answer 47

It has to be: 1. Original 2. Authorship 3. Copyrightable Subject Matter 4. Fixed 5. Tangible Medium

Answer 48

- work made by an employee as part of her regular duties - work specifically commissioned as part of a collaborative work (motion picture, translation, atlas) - work of joint authorship (must have mutual intent to be joint authors)

Answer 49

- Literary works - Musical Works - Dramatic works - Pantomimes and Choreographically works - Pictorial, graphic, and sculptural works - motion pictures and other audiovisual works - sound recordings - architectural works - software codes

Answer 50

that it has an origin, that it comes from somewhere. Not that it has never been see, has a definite source

Answer 51

- What does it mean to be an author of something? Wholly created by you, you control every aspect of it. - --works for hire

Answer 52

-the work must be set down in some immutable way (i.e.. if a song, NOT simply whistled, but written down or recorded, or, if a poem, NOT written in the sand on the shoreline but on paper

Answer 53

-the work must be recorded in some medium that is Identifiable, Understood, and that has some physicality (Remember: Ideas are not copyrightable; must be permanent)

Answer 54

- facts are never copyrightable (only the expression of them or their organization) - Compilations are not copyrightable (only to the extent of their originality of presentation or arrangement of material or their original elements) - derivative works are only copyrightable to the extent of their originality - government works are not copyrightable - facts, ideas, processes, systems, methods, principles, discoveries, inventions, words, sounds, colors

Answer 55

(only applies to pictorial, graphic, and sculptural works) 1. If it is possible to separate the artistic element of the work from its Functional elements 2. If yes, then only the artistic elements are copyrightable 3. If not, then the object is not copyrightable at all; it is a "Useful Article" If you can imagine it separate from it's medium it can be copyrightable

Answer 56

- copyrights AUTOMATICALLY accrue to the author of the eligible work upon production, NOTHING is required of the author to claim or acquire her copyright - Statutory remedies for infringement, however, require filing the work with the U.S. Patent and Trademark Office - copyrights may be sold or waived by contract, like any property right

Answer 57

- only by the passage of time or intentional alienation - copyright currently extends, for individuals, for the life of the author plus 70 years - for works for hire (those held by corporations) the term is the soonest of either 120 years front he date of creation or 95 years from the day of first publication - this has been extended and extended, mostly at the behest of large corporations (notably disney)

Answer 58

- when a copyright expires, the work becomes a part of the PUBLIC DOMAIN - this means, literally that it now belongs to the people and that it may be used in any manner that anyone wishes; it becomes part of the fabric of our culture to be reinterpreted freely

Answer 59

-the terms of a copyright have been extended and extended by Congress, mostly at the behest of large corporations (and notably Disney). It has been suggested by some legislators

Answer 60

- Mickey Mouse made his debut in a cartoon short "Steamboat Willie" in 1928 - Under the Copyright laws in 1909 in effect, Steamboat Willie could enjoy copyright protection for 28 years plus the renewal of 28 years - the copyright act of 1976 (still in effect) extended the term for works made for hire to 75 years and so Steamboat willie would enter Public Domain in 2003 - in 1998 the Sonny Bono Copyright Term Extension Act was passed which extended the copyright on works for hire to at least 95 years from publication. So now Steamboat Willie will become Public Domain in 2023

Answer 61

- the holder of a copyright has exclusive rights to: 1. Produce 2. Copy 3. Distribute 4. Have attribution for 5. Display 6. Perform (with one exception) 7. Prepare derivative works

Answer 62

1. is this a valid copyright - --is it within the time period, can it be copyrightable? 2. Did the person you're suing do one of the seven things that the copyright holder alone has the right to do 3. The Access/Similarity Spectrum Test 4. The substantial/similar test 5. Fair use

Answer 63

-how do we know if someone copied my idea? Has to have both access and similarity. If you don't have high similarity but you have high access that is infringement, or vice versa. Both of them have to be present for it to be copyright infringement

Answer 64

a. would and ordinary consumer or lay person regard the second work as "substantially the same" as the original work b. The range of abstraction slide scale - the closer it gets to abstract the less it is copyright infringement and the more specific it gets the closer it is to copyright infringement. Abstract is the general idea of the theme and then closer to specific is copying the plot, characters, specific events, dialogue. In the middle is where most of the fighting happens

Answer 65

-the purpose and character of use A. purpose weighted AGAINST fair use --i. the use was for a commercial purpose --ii. the use was made in bad faith B. Purpose in weighting IN FAVOR of fair use --i. News --ii. Education --iii. Criticism and Review --iv. Intermediate use (only use it to instruct yourself or teach yourself) --v. parody --vi. highly transformative use C. The nature of the copyright work used --weight AGAINST fair use ---i. the work infringed its "Core Creative Content" as opposed to "factorial content or process-related content" etc. D. The amount and substantiality used --i. Quantity ---the less the original work the used, the more likely that a fair use defense will succeed --ii. Quality ---the closer the use is to the "heart" of the original work, the less likely is the Fair Use defense to succeed E. The effect on the Market ---the owner of the original work can show lost profits to attributable to the new works existence ---defense is to show that the original owners profits would have declined anyways, wholly unrelated to the infringement

Answer 66

1. temporary injunction 2. right to impound and destroy 3. actual damages ALSO GET IF YOU REGISTER: 1. statutory damages 2. attorney's fees and costs

Answer 67

- a civil law concept on partially integrated into American Law by the Visual Right Act of 1990 - only applies to visual arts 1. Right to Attribution - --right to have you name associated with your work - --the right to have your name NOT associated with work that is NOT yours 2. Right to the integrity of your work - --to apply, it must be shown, by expert testimony, that the work in question is of recognized stature - --intentional mutilation or distortion of destruction of the work is prohibited (even by the owner)