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BLAW Final > Copyright > Flashcards

Copyright Flashcards

1
Q

Purpose of IP Law

A

Incentive creation; promote competition and efficient marketplace

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2
Q

Copyright Requirements

A

1) original
2) creative
3) fixed

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3
Q

Original

A

Not taken or copied from somewhere else; independently created

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4
Q

Derivative Works

A

Copies of another work

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5
Q

Creative

A

Only a dab of creativity is needed

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6
Q

Copyright Laws

A

IP Clause in Constitution, 1976 Copyright Act, FEDERAL PROTECTION

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7
Q

Fixed

A

In a tangible form

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8
Q

The minute something is fixed…

A

It gets copyright protection

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9
Q

Feist Publications v Rural

A

Phone book, found their own information, it was fine cause it was just facts, not actual creative stuff

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10
Q

Copyright Exclusions

A
  • nonhuman works
  • government stuff
  • useful items
  • processes and discoveries
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11
Q

Benefits of Federal Copyright Registration

A
  • get a public record of copyright claim (should be done in 5 years of publication)
  • can bring infringement lawsuit (if registered three months within publication or before infringement, they can get statutory damages and attorney fees)
  • recorded by US Customs and Border Protection
  • international protection
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12
Q

US Copyright Office

A
  • division of Library of Congress
  • gives out registrations
  • records transfers of ownership
  • serves as a depository for materials
  • administers statutory and compulsory licenses
  • provides dispute resolution procedure (Copyright Claims Board)
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13
Q

8 Classes

A
  1. Literary
  2. Pictorial, graphic, and sculptural
  3. Musical
  4. Sound recordings
  5. Motion picture and audiovisual
  6. Dramatic works
  7. Pantomimes and choreographic works
  8. Architectural
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14
Q

Who can apply for copyright?

A

Author, owner, agent

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15
Q

Copyright Application

A
  • type of work
  • title
  • date of completion and publication
  • author
  • rights and permissions
  • certifications
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16
Q

Deposit materials for application

A
  • 2 complete best copies within three months of publication to Library of Congress
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17
Q

Copyright Registration

A
  • 8-13 months
  • registration under Rule of Doubt
  • reconsideration requests of denials
  • public record
  • optional use of C
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18
Q

Pre-registration

A
  • unpublished work
  • in preparation for commercial release
  • placeholder to provide protection from infringement before registration or publication
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19
Q

Special Handling Request

A
  • infringement dispute
  • publishing deadline
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20
Q

Joint Ownership

A
  • two or more authors
  • contributions are inseparable or interdependent parts
  • authors intended their contributions to merge into a single work
  • each author has exclusive rights
  • profits shared equally unless agreed otherwise
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21
Q

9 Specially Commissioned Categories

A
  1. Contribution to a collection work
  2. A compilation
  3. A translation
  4. A supplementary work
  5. Parts of a motion picture or audiovisual work
  6. An instructional text
  7. A test
  8. Answer material for test
  9. An atlas
22
Q

Copyright Ownership and Duration

A
  • single: 70 years after death
  • joint: 70 years after last person’s death
  • work for hire: 95 years from publication or 120 years from creation, whichever is shorter
  • enters public domain after expiration
23
Q

Current Copyright Terms

A

1988 Copyright Extension Act (Mickey Mouse Act)

24
Q

Exclusive Rights of Copyright Owner

A
  • can reproduce/copy the work
  • prepare derivative works
  • distribute the work
  • public performance of work
  • public display of work
25
Q

Licenses and Assignments

A
  • owner can license or assign any exclusive right
  • can be made for one or more exclusive right
  • can be bade to different entities
  • can be limited in scope or duration
26
Q

Copyright Clearance Center

A
  • grants rights to reproduce and distribute copyrighted material
  • grants licenses to use and reproduce work
  • distributes fees collected to owners
27
Q

Performing Rights Organizations

A
  • grant music licenses and remit fees to owners
  • collects royalties from public performances of work for owners
28
Q

Termination of Assingments

A
  • original owner can seek to terminate assignment after 36 years after assignment
  • excludes works for hire and assignments by Will
  • right can’t be waived
  • original owner has to provide 2 year notice before termination
  • has to be filed with Copyright office
29
Q

Copyright Infringment

A

Using someone else’s copyrighted work in violation of their exclusive rights without permission

30
Q

Proving infringement

A
  1. Ownership of work
  2. Impermissible use of work by dependent through direct or indirect evidence
31
Q

Direct Evidence

A

Statements by defendant that they used the work

32
Q

Indirect Evidence

A

Defendant had access to work and defendant’s work is substantially similar to Plaintiff’s work

33
Q

Going to court for copyright infringement

A

Has to be registered with US Copyright office and three year statute of limitations period

34
Q

Remedies to Infringement

A
  • injunction
  • impoundment of infringing work
  • money damages (actuarial or statutory damages per work and costs and attorney fees)
  • criminal sanctions under No Electronic Theft Act
35
Q

Exceptions to Exclusive Rights Not Infringement

A
  1. Non commercial private performances and displays
  2. Reproductions and distributions by libraries and archives
  3. First Sale Doctrine
  4. Fair Use
36
Q

6 Types of Fair Use

A
  1. Social commentary
  2. Criticism
  3. News
  4. Teaching
  5. Research
  6. Parody
37
Q

Proving Fair Use

A

BALANCE TEST

38
Q

Balance Test

A
  1. Purpose and character (commercial, no commercial, transformative)
  2. Nature of original copyrighted work (fictional or factual)
  3. Quantity and substantiality
  4. Harm of owner’s ability to market the product
39
Q

Purpose and Character

A

Commercial, non commercial, transformative

40
Q

Nature of original work

A

Fiction, facts, how much creativity, how original

41
Q

Quantity and Quality

A

How much wast taken, how important was the part taken

42
Q

Effect on the Market

A

Does it harm the copyright owner’s ability to market the product

43
Q

What is still infringement?

A
  • using work that has no copyright symbol
  • using work while crediting the author
  • using work for non commercial purposes
  • paraphrasing work
  • using minimal amounts of a work
44
Q

Moral Rights for Visual Art

A
  • VARA (Visual Artists Rights Act)
  • Right of Attirbution
  • Right of integrity
  • Last for artist’s life
45
Q

Right of Attribution

A

Right to be identified or prevent identification as creator

46
Q

Right of integrity

A

Right to control modifications and destruction of work

47
Q

Computers and Licensing

A

Computer programs and software are licensed to the purchaser; avoids first sale issue

48
Q

Copyrightable Computer Literary Works

A
  • computer programs
  • websites
  • apps
49
Q

No copyright protection within computers

A
  • ideas
  • algorithms
  • systems
  • menus
  • blank forms
50
Q

Digital Millennium Copyright Act

A
  • prohibits acts and sale of products used to go around copyright protection measures
  • provides a safe harbor for Internet Service Providers for transmitting infringement content
51
Q

DMCA More info

A
  • ISP must not have actual knowledge of infringing content
  • ISP must have procedure for removing content expeditiously once it has knowledge
  • ISP must not receive direct financial benefit from infringing activity
52
Q

VARA only protects…

A

Visual art

BLAW Final (2 decks)

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