copyright

Question 1

copyright protects

Answer 1

the expression of work, not ideas or themes

Question 2

affirmative defense to copyright

Answer 2

fair use
only used if copyright is found

Question 3

compilations of facts (names, addresses)

Answer 3

may be protected if they exhibit originality, like search engine criteria

Question 4

the courts will compare:

Answer 4

the works protectable elements;
assess whether an ordinary observer would perceive the works as similar

Question 5

Copyrightable Works

Answer 5

1. Creative works (original expressions)
2. compilations of facts with creative selection

Question 6

government works

Answer 6

laws, judicial opinions, are not subject to copyright. legislatures cannot serve as authors when producing work in their official capacity

Question 7

elements of copyright infringement

Answer 7

the plaintiff must prove substantial similarity between the works

Question 8

fair use doctrine (affirmative defense to infringement) PANE

Answer 8

1. purpose and character of the use
2. nature of the copyrighted work
3. amount and substantiality of the portion used
4. effect on the market for the original work

Question 9

purpose and character of the use

Answer 9

does it add new meaning?
1. transformative or derivative
2. purpose same as orig
3. commercial generally weighs against fair use
4. does it affect the orig creator negatively

Question 10

nature of the copyrighted work

Answer 10

is it creative or factual?
fictional works receive stronger protection that factual works

Question 11

amount and substantiality of the portion used

Answer 11

did the defendant use a small or large portion of the work?

Question 12

transformative use

Answer 12

adds new meaning, purpose, or context to the original

Question 13

derivative works

Answer 13

1. modify or adapt to the original but reatain its core essence.
2. i.e, translations, adaptations, sequels
3. the owner only has right to create or authorize derivatives
4. courts aim to prevent unfair substitution of the orig work

Question 14

government edicts doctrine

Answer 14

public should have free access to the laws of the land and to governmental decisions
2. applies to laws, statutes, court decisions and administrative regulations
3. these works cannot be owned by any individual

Question 15

annotations

Answer 15

annotations may be eligible for copyright only if they are original works of authorship (not done by legislature)
so companies like lexis can copyright their annotations

Question 16

efforts

Answer 16

are never copyrightable

Question 17

copyright =

Answer 17

substantial similarity