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Copyright Flashcards

1
Q

Toyota Case

A

Authorized a single use of its models in a commercial; Toyota the used them in advertisement and other ways
Unauthorized reproduction & Unauthorized display
No original independently created expression

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2
Q

Exclusive Rights in Copyrighted Works

A

(On an exam remember to state what is being infringed)
The right to:
Reproduce
Prepare derivative works
Distribute
Publicly perform (some works)
Publicly display (some works)
Perform sound recordings by digital audio transmission

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3
Q

Copyright Works of Authorship

A

Literary works
Musical works; including accompanying words
Dramatic works; including any accompanying music
Pantomimes and choreographic works
….

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4
Q

Telephone Book Rule

A
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5
Q

Compilation Work

A

§ 101
There needs to be a creative expression

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6
Q

Fixation

A

Copyright exists in original works of authorship FIXED in any tangible medium of expression

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7
Q

Williams Electronics v. Artic Int’l

A

3 categories: Computer program (stored on memory card), Games play mode, Games track mode
Why not just the code? Only protects the specific expression – the language
Defense: Because the player can manipulate, there’s no fixation.

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8
Q

Baker v. Selden

A

Copyright does not protect an idea, only the expression of an idea.
If the expression is indispensable to the idea itself – you can’t separate one from the other, and under those circumstances the expression is not protectable because the expression is essentially the idea.

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9
Q

Nash v. CBS, Inc

A

Copyright law protects the expression of ideas of facts, but not the underlying ideas or facts themselves.

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10
Q

Facts not subject to Copyright vs. Compilations of facts may be subject to Copyright

A

Collection or assembly of preexisting materials, fats, or data
Selection, coordination or arrangement:
- May = requisite minimum level of creativity - Independently created
If above done in “such a way” to be the creation of an independent work of authorship -> limited copyright protection in the compilation

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11
Q

Scènes à faire

A
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12
Q

Bikram’s Yoga College of India v. Evolation Yoga, LLC

A
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13
Q

Satava v. Lowery

A

Idea of putting jellyfish in glass cannot be protected
Court held that it lost the quantum of originality necessary to rise to the level of copyright protection
If it been an exact duplicate, it would be protected for a reproduction issue

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14
Q

Varsity Brands Inc v. Star Athletica, LLC

A

Cheer uniforms

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15
Q

Derivative Work

A

A work based upon one or more preexisting works
Such as: translation, musical arrangement, dramatzation, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation or any other form in which a work may be recast, transformed, or adapted
A work consisting of editorial revisions as a whole represent an original work of authorship is a derivative work

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16
Q

Derivative Work Persmission

A

Is required

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17
Q

Schrock v. Learning Curve International, Inc

A
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18
Q

Compilations and Derivative Works

A
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19
Q

CCNV v. Reid

A

Homeless statue case

20
Q

Works for Hire

A

A work prepared by an employee within the scope of his/her employment … a work specially ordered or commissioned for use as a contribution to a collective work

21
Q

Infringement

A

§501 Infringement of Copyright
Anyone who violates the rights of a copyright is an infringer of copyright (§106)

22
Q

Copyright Infringement Prima Facie Case

A
  1. Ownership of a valid copyright and 2. unauthorized exercise of a 106 right a) copying in fact - direct evidence (admission, documentary) or circumstantial evidence (access and similarity - intrinsic (total concept and feel) (extrinsic (EXPERT))) AND b) improper appropriation
23
Q

Intrinsnic

A

Total concept and feel. Whether an ordinary, reasonable person would find that the concept and feel of the works are substantially similar

24
Q

Extrinsic

A

Expert testimony. Identify concrete elements of the song that are similar.

25
Q

Derivative Work

A

§101

26
Q

Tufenkian Import/Export Ventures, Inc. v. Einstein Moomjy

A

No plagerist can excuse the wrong doing by showing how much of his work he did not pirate - good quote to remember

27
Q

Funky Films, Inc. v. Time Warner Ent. Co.

A
28
Q

Michael Bolton v. __ Brothers

A

Substantial similarity
Absent direct evidence of copying? Show access through chain of events of subconscious copying

29
Q

LA Printex v. Aeropostal

A

Said there was enough to go to a jury, even though it wasn’t likely they would prevail.
Question of access: there must be a reasonable possibility of access

30
Q

Who can authorize a derivative work?

A

Only the copyright owner

31
Q

Micro Star v. Formgen

A

Exclusive Rights in Copyright

32
Q

Columbia Pictures v. Redd Horne

A

Public Performance

33
Q

Public Performance

A

§101
1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered
2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause 1 or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times

34
Q

Contributory Liability (Copyright)

A

Knowingly participating in (or contributing to) the infringing conduct of another (induces, causes or materially contributes to); “… personal conduct that encourages or assists the infringement” (Flava) - eg., knowingly providing a theater for the broadcast of copyrighted movies without permission
Knowledge can be actual or constructive and material contribution

35
Q

Vicarious Liability (Copyright)

A

Benefitting financially from infringement that one ahs the right and ability to prevent (no knowledge required) - eg., providing a venue for infringing performances
PurposeL to punsih one who ….

36
Q

Inducement of Infringement (Copyright)

A

A form of contributory liability. Taking active steps to encourage direct infringement. eg., distributing a device with the purpose of promoting its use to infringe a copyright

37
Q

Fonovisa, Inc. v. Cherry Auction

A
38
Q

Flava Works, Inc v. Gunter

A
39
Q

§512 overview

A

Safe harbor from direct and contributory infringement. Service provider shall not be liable for infringement of copyright. Failure to comply shall not bear adversely on other defenses an OSP may raise

40
Q

§512 Safe Harbor

A

We care about C

41
Q

Betamax Case

A

Borrowed from patent laws found no infringement of commerce capable of non-infringing uses - time shifting was fair use that it was not inducing/facilitating/encouraging infringement of copyright

42
Q

A&M Records v. Napster

A

Failure to act would be contributory

43
Q

MGM v. Grokster

A

Inducement of infringement

44
Q

Campbell v. Acuff-Rose Music, Inc.

A
45
Q

Bill Graham Archives v. Dorling Kindersley Ltd

A
46
Q
A

IP (5 decks)

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