Copyright

Question 1

Definition of copyright under 17 USC 102(a)

Answer 1

original work of authorship fixed in a tangible medium of expression

Question 2

exceptions to copyrightable materials

Answer 2

words/short phrases, non-fixed ideas, blank forms, typeface

Question 3

useful article doctrine - test (star athletica)

Answer 3

1. can the feature be perceived as a work outside of the useful article
2. would the feature qualify as protectable if it were imagined separately

Question 4

uncopyrightable material

Answer 4

facts, ideas, processes/procedures/methods, unoriginal material (slogans/short phrases/stock characters/scenes a faire), public domain material

Question 5

elements of joint work

Answer 5

1. copyrightable work
2. two or more authors
3. authors intended for work to be merged into unitary whole
4. (not all circuits) each author must make an independently copyrightable contribution to the work

Question 6

work for hire - definition

Answer 6

1. work prepared by an employee within the scope of employment (salaried employees)
2. a work specially ordered or commissioned for use, if the parties expressly agree in writing

Question 7

work made for hire - factors (3 important)

Answer 7

1. method of payment
2. provision of employee benefits
3. tax treatment

Question 8

first sale doctrine

Answer 8

the owner of a legally made copy is allowed to sell or dispose of that copy without the permission of the copyright holder. no geographic limit

Question 9

public performance - definition of public

Answer 9

1. public - a place open to the public, a place where more than family and friends would gather
2. receiving the display - whether at the same time or different times

Question 10

requirements for showing infringement - copying

Answer 10

1. copying of work (copying in fact) - direct evidence, circumstantial evidence (access + similarity)
2. improper appropriation (sufficient appropriation of protected material) - infringement filter, must be substantially similar to the ordinary observer

Question 11

Fair use factors (4)

Answer 11

1. purpose and character of the use - commercial, nonprofit, educational
2. nature of the copyrighted work
3. amount and substantiality of the portion used in relation to the work as a whole
4. effect of the use on potential market for or value of the copyrighted work - substitution

Question 12

copyright remedies (5)

Answer 12

1. injunction
2. impoundment of infringing goods
3. actual damages and profits
4. statutory damages
5. attorneys fees