copyright Flashcards
what does copyright protect and how does it differ from trademarks?
original works of authorship fixed in a tangible medium of expression. Trade marks protect and indicate service goods.
how are band names protected?
service marks
what is the right of publicity?
the right to control commercial use of name, image, and likeness
when do you have a copyright?
when the work is fixed in a tangible medium of expression
what are the 6 specific types of copyright and which ones do not apply to sound recordings?
1.Right to record
2. Right to publicly perform
3. the right to publicly display
4. the right to derive a derivative of that work
5. distribute copies
6. publicly perform sound recordings through digital audio transmissions
can you imitate a sound recording without infringing the copyright?
yes but you have to reproduce the sound originally. no part of it can be sampled.
what is the first sale doctrine and what does it allow? can I sell a record I have bought to someone else? can I rent a recording I have bought to someone else?
the first sale doctrine states that one the copyright owner passes the copy to someone else, the distribution of that right cannot be controlled. yes you can sell a recording but no you may not rent it out.
what does the AHRA allow you to do?
it allows you to record works at home without a license for independent and private use
what is the specific definition of public performance? what public performances are allowed without a license?
any performance public or private where an amount of people outside ones social circle is gathered. educational, charitable, religious, and public reception of broadcast depending on size of venue.
