Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Entertainment Law > Copyright > Flashcards

Copyright Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Where does Congress’ CR power come from

A

Const. Art. 1, § 8

“Promote the progress of sciences and useful arts, by securing for limited times to authors and inventors the exclusive right tot he repsoctive writings and discoveries”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What CAN be CR?

A
  • Anything that is fixed in a tangible medium of expression

- sufficiently perminent for a period of more than a tansitory duration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

CR must be a(n) ____ work.

A

Original work

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

CR: Creative Element

A

A CR must have some sort of creative element

  • the threshold of creativity if very low.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What CAN be CR: Examples

A

1) literary works
2) Musical works
3) dance/choreography
4) pictorial, graphic, and sculptural works
5) sounds recourdings and audio/visual works
6) letters
7) Lectures and speeches

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What CANT be CR?

A

1) Ideas, themes, bare plots
2) non-creative titles, slogans, words, etc.
3) methods, systems, formulas, equations
4) Scenes A faire
5) facts/news events
6) research (Sweat of Brow)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Scenes a Faire definition

A

A scene in a book or film which is almost obligatory for a genre of its type

Ex: Spy movies will all have gadgets and Westernns will all have outlaws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

CR: Characters Test

A

Total Concept and Feel:

-Assess the total concept and feel of the work (plot sequence, pace, characters), not just the differences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

2 components of a CR case

A

1) the CR work

2) the allegedly infringing work

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Is research protected by CR?

A

NO!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Derivative works definition

A

A work based on or derived from one or more alreadyexisting works

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

CR: Character Test

A

1) Sam Spade Test

2) Chracter Delineation Test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Sam Spade Test

A

Look at what the story being told is

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Character delinetion Test

A

Fictional chacter is CR is it contains the same characteristics

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Who owns the CR: General Rule

A

The creator of the work is the original owner of the CR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Work made for Hire Definition

A

1) Works created by an employee within the scope of employement;
OR
2) Specially ordered or comision works that fall into one of 9 categories AND the parties agree in writing that the work is one made for hire

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Who owns a Work made for hire?

A

The Employer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

9 Categories of work made for hire

A

1) contribution to a collective work
2) part of a motion puctyre or other audiovisual work
3) translation
4) supplementary work
5) compilation
6) instruciton text
7) test
8) answers material to test
9) atlas

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

CR: Joint Works definition

A

a work prepared by two or more individuals, with the intention that their separate contributions be merged into a single work.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Joint Work elements

A

1) intent to merge contributions
2) two things either inseperable or interdependent
3) both works must be individually CR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

CR Joint Work: Inseperable definition

A

Parts have little or no independent meaning standing alone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

CR Joint Work: interdependent definition

A

Parts achieved their primary significance because of combined effect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Duration of CR Protection DATE

A

on or after 1/1/1978

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Duration of CR Protection: Individual

A
  • life of author + 70 years
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Duration of CR Protection: Joint authors

A

Whoever dies last + 70 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Duration of CR Protection: Works made for hire OR No identifiable author

A

95 years after first publication OR 120 years after creation

- Whever date expires first!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

When is a CR created?

A

CR exisst from the time of the works creation

  • no registration is needed to have a CR
28
Q

Work made for Hire: How to determine whether an individual is an employee?

A

Common Law of Agency

29
Q

Exclusive Rights of CR holder

A

1) Reproduce the work
2) Prepare derivative works
3) Distribute copies to the public by sale or other transfer of ownership, or by rental, lease, or lending
4) perform or display the work publicly
5) digitally transmit sound recordings

30
Q

What constitutes a public performance

A

1) performance/display in a public place OR substantial number of people
2) transmits or otherwise communicates a display

31
Q

Exclusive rights of collective Works

A

1) reproduce ENTIRE collevetive work
2) any revision of collective work
3) any later collective work in the series

32
Q

Can exclusive rights be given away?

A

YES

33
Q

Methods to protect a given work

A

1) Copyright notice: Copyright (c) by J. young
2) Register the work with the U.S. Copyright Office
3) Do nothing (CR vest upon creation)

34
Q

Transfer of CR ownership must be in ______.

A

writing

35
Q

WHEN may a work by registered?

A

A work can be registered at any time

36
Q

In order to recover statutory damages and/or attorney’s fees, when must a work be registered

A

1) before infringement
OR
2) within 3 months of first publication

37
Q

Non-exclusive license definition

A

grants to the licensee the right to use the intellectual property, but means that the licensor remains free to exploit the same intellectual property and to allow any number of other licensees to also exploit the same intellectual property.

38
Q

Exclusive License

A

means that no person or company other than the named licensee can exploit the relevant intellectual property rights.

39
Q

How must a license be recorded?

A

Non-exlusive: not in writing

exclusive: Writing

40
Q

CR Infringement Elements

A

1) is the work or its components CR?
2) is the CR still valid?
3) did the ∆ have access to the work?
4) Are the two works the same or substnatially simliar?

41
Q

CR Infringement: Inverse Ratio Rule

A

More access to a CR work can show infringement, even if there is not a substantial simliarity, and vice versa

42
Q

CR Infringement: Substiantial simliarity

A

What is the general idea or theme of each work?

  • plot
  • mood
  • characterization
  • pace
  • setting
  • sequence of events
43
Q

Contributory Infringement definition

A

Causing or materially contributing to infringing conduct of another, with knowledge of the infringing activity

44
Q

Contributory infringement elements

A

1) knowledge of ingringement (constuctive or actual)

2) materially contributing to infringing act of another

45
Q

Vicarious Infringment Definition

A

Infringement by one over whom ∆ has a right and ability to superivse, along with ∆ direct financial interest in the infringement

46
Q

CR is a ______ _______ claim

A

Strict liability

47
Q

Fair Use definition

A

any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.

48
Q

Fair Use balances…

A

Balances the authors right to money with the publics interest in its use

49
Q

Fair Use (4) Factors

A

1) purpose and character of use
2) the Nature of the CR work
3) the amound and substantiality of the portion used in relation to the work as a whole
4) the effect of the use on the potential market for or value of the CR work

50
Q

Fair Use: Prupose and Character of use

A

More likely to be fair use if its non-commerical or non-profit

51
Q

Fair Use: Nature of CR work analysis

A

1) is the work informational or creative?
2) Is the work published or unpublished?
3) is the work still commerically available?

52
Q

Fair Use: Effect of use on market

A

Looks to harm to π

  • Shoul dshow tha tif the challenged use should become widespread, it would adversly affect the potential market for the CR work
53
Q

Fair use is a(n) ______ ________.

A

Affirmative Defense

54
Q

What determines commerical use

A

Repeated and exploitative copying of CR work, even if the copies are not offered for sale, may constitute a commerical use

  • A direct economic benefit is not required.
55
Q

Preemption Definiton

A

CR Act preempts all legal or rquitable rights that are equivalent to any of the exclusive rights of CR law

56
Q

Preemption: What type of suit can be brought for CR infringement?

A

CANNOT bring state law claim that are equivalent to what is protected by CR law

  • either subject matter or exclusive rights
57
Q

Preemption 2 step analysis

A

1) does teh work at issue fall within the subject matter of CR law? (answer nearly always yes)

2) Are the rights available under state law equivalent to whats protected by CR law?
- Is there an EXTRA element in the state law case

58
Q

Preemption: How can you bring a state law claim

A

the state law has to have an extra element that is not covered by CR law

59
Q

Damages available for CR Infringment

A

1) injunctive relief
2) Actual Damages
3) Statutory Damges
4) Attorney’s fees

60
Q

types of Injunctive relief

A

1) order STOPPING a certain action (more common)

2) Order to PERFORM a certain action

61
Q

Injunctive relief elements

A

1) a substnatial likelihood of success on the merits
2) a substantial threat of irreparable injury if the injunction were not granted
3) that the threatened injury to the π outweighs the harm an injucntion may cause the ∆
4) that granting the injucntion would not deserve the public interest

62
Q

Actual damages

A
  • Determined by the fact finder
  • lost royalties
  • lost profits
  • the profits made by the infringer
63
Q

Statutory damges availibility

A
  • only available if the work is timely registered

- $750-$30,000 per work infringed

64
Q

Attorney’s Fees availibility

A

only available if timely registered

65
Q

Protection of Ideas

A
  • Generally not protected by CR

- BUT, one can protect ideas through contract (express/implied) or other state law causes of action

Entertainment Law (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions