Copyright

Question 1

An employer must demonstrate the following to show a work was made for hire:

Answer 1

1) whether the work is of the type for which the author was hired to perform;
2) whether the design was created “substantially within the authorized time and space limits” of the job; and
3) it was “actuated, at least in part, by a purpose to serve” the employer’s interests.

Question 2

A person infringes on a copyright if:

Answer 2

1. There is valid ownership of copyright
2. There is a copying
3. Of protectable elements

Question 3

An original work of authorship:

Answer 3

1. Has a modicum of “creativity”
2. An independent creation
3. Fixed in a tangible medium

Question 4

Tests of copying:

Answer 4

1. Level of abstraction (how close to the source?)
2. Pattern test (Sequence of Events & Interplay between characters)
3. Total concept and feel (would the audience feel it is the same?)

Question 5

Protectable elements:

Answer 5

1. Not an idea or fact

2. Not an expression if it is one of the only limited ways of expressing something (the expression and the idea merge)

Question 6

Provisions of the DMCA

Answer 6

1. Takedown notice (process for creators to get their work taken down)
2. Anti-circumvention provisions (liability for producers of digital lock breaking methods)
3. Safe Harbors for Service Providers (Where a passive conduit)

Question 7

Qualifying for a safe harbor under DMCA requires:

Answer 7

1. Adopt and inform subscribers of policy to terminate repeat copyright infringers
2. Adopt standard technical measures to identify copyright holders
3. Designate an agent to receive take-down notices

Question 8

Elements of contributory infringement for copyright infringement

Answer 8

1. Knowing (knowledge or reason to know)

2. Materiality (contribution to the infringing conduct)

Question 9

Vicarious liability for copyright infringement elements:

Answer 9

1. Defendant has the right and ability to control AND

2. Defendant benefits financially from failing to control

Question 10

Defense to secondary liability for infringement:

Answer 10

If an item is a staple article of commerce and is “capable of commercially significant noninfringing uses.” It need merely be capable of substantial noninfringng uses.