Copyright

Question 1

________ protects “original works of authorship,” including literary, dramatic, musical, and artistic works.

Answer 1

Copyright

Question 2

Protection is available to both ________ and __________ works.

Answer 2

published and unpublished

Question 3

The owner of copyright has the ________ ________ to do and to authorize others to do the following:
reproduce the work in copies or phonorecords
prepare derivative works based upon the work
distribute copies or phonorecords of the work to the public by sale or othertransfer of ownership, or by rental, lease, or lending
perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works
display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work

Answer 3

exclusive right

Question 4

A __________ work is a work based on or derived from one or more already existing works.

Answer 4

derivative

Question 5

Also known as a __________, a derivative work is copyrightable if it includes what copyright law calls an “original work of authorship.”

Answer 5

“new version”

Question 6

Only copyright owners have the exclusive right to produce ________ works based on their original, copyrighted works.

Answer 6

derivative

Question 7

Motion picture (based on a play)
Novel in English (a translation of a book originally published in Russian)
Sculpture (based on a drawing)
Drawing (based on a photograph)

Answer 7

Examples of derivative works

Question 8

The__________ doctrine creates a basic exception to the copyright holder’s distribution right.

Answer 8

first-sale

Question 9

The owner of the material object can then ________ of it as he sees fit. Thus, one who buys a copy of a book is entitled to resell it, rent it, give it away, or destroy it.

Answer 9

dispose

Question 10

However, the owner of the copy of the book will not be able to make new copies of the book because the _______ doctrine does not limit copyright owner’s reproduction right.

Answer 10

first-sale

Question 11

The justification for copyright protection is to provide an incentive for authors to engage in creative labor that will benefit the public.

Answer 11

Copyright Purpose

Question 12

Originality
Work of authorship
Fixation

Answer 12

Elements of a copyright:

Question 13

an author must _______ the copyright before bringing suit

Answer 13

register

Question 14

are not copyrightable

Answer 14

Ideas

Question 15

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work

Answer 15

Fair Use

Question 16

Plaintiff owns a valid copyright
Defendant actually copied plaintiff’s work
An ordinary observer would conclude the defendant’s work was substantially similar to the plaintiff’s work

Answer 16

Copyright Infringement

Question 17

Work __________ is an exception to the general rule that the person who actually creates a work is the legally recognized author of that work.

Answer 17

for hire

Question 18

a “work prepared by an employee” within the scope of her employment, and
one of 9 categories of work created by an “independent contractor,“ if the parties expressly agree in a signed, written instrument.

Answer 18

two situations in which a work for hire can exist

Question 19

“work for hire” creations (published after 1978) receive copyright protection until ____ years after creation or 95 years after publication, whichever comes first. This differs from the standard U.S. copyright term, life of the author plus ___ years.

Answer 19

120, 70