Copyright Flashcards
What does originality in copyright mean?
1) work originates with you: can hold copyright
2) did not mechanically copy it
3) quality not required
4) making conscious choices
When does copyright take hold in SG, UK and US?
“in material form”, including electronic. Can be perceived, reproduced, communicated for more than a transitory period
How is the copyright registration system like in US and SG respectively?
US: optional government registry system, open to works from everywhere. 35 USD and it creates public record of copyright
SG: no such registration system
What does the Berne Convention refer to?
international copyright treaty that requires copyright to take hold upon fixation. All parties recognise the copyrights of citizens of all other nations without formalities
What is protected in copyright and what is not?
Protected: expression, particular fictional works, sequence of events, particular characters
Not Protected: facts, ideas, genre, standard plot elements/scenes, stock characters
Not infringing unless nearly identical expression of fact/idea
What is the first sale doctrine (copyright exhaustion)?
1) Copyright owner cannot collect royalties from people reselling a copy of her work. they can resell, give away, rent, destroy
2) However, copyright owner can prevent you from reproducing & distributing copies (including on screen)
What are 2 requirements for copyright infringement?
1) Substantial objective similarity/identical (reproductive of substantial part. Looks at degree of similarity, not how work was produced)
2) Casual connection indicating copying (evidence that D may have copied/D has access to P’s work)
What are 2 assumptions of copyright infringement?
1) P’s work is still copyright protected
2) D did not have permission to use the work
What are 4 factors to consider when using fair use as a defence to copyright infringement?
1) purpose of use
2) nature of work
3) amount & substantiality of use
4) potential market effect
