Copyright

Question 1

What does originality in copyright mean? (4)

Answer 1

1) work originates with you: can hold copyright
2) did not mechanically copy it
3) quality not required
4) making conscious choices

Question 2

When does copyright take hold in SG, UK and US?

Answer 2

“in material form”, including electronic. Can be perceived, reproduced, communicated for more than a transitory period

Question 3

How is the copyright registration system like in US and SG respectively?

Answer 3

US: optional government registry system, open to works from everywhere. 35 USD and it creates public record of copyright
SG: no such registration system

Question 4

What does the Berne Convention refer to?

Answer 4

international copyright treaty that requires copyright to take hold upon fixation. All parties recognise the copyrights of citizens of all other nations without formalities

Question 5

What is protected in copyright and what is not?

Answer 5

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

Question 6

What is the first sale doctrine (copyright exhaustion)?

Answer 6

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)

Question 7

What are 2 requirements for copyright infringement?

Answer 7

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)

Question 8

What are 2 assumptions of copyright infringement?

Answer 8

1) P’s work is still copyright protected

2) D did not have permission to use the work

Question 9

What are 4 factors to consider when using fair use as a defence to copyright infringement?

Answer 9

1) purpose of use
2) nature of work
3) amount & substantiality of use
4) potential market effect

Question 10

What about the purpose of use is considered when using fair use as a defence to copyright infringement?

Answer 10

Allowed: news/reporting, teaching, private study/research, transformative use (e.g. parody, review, criticism)
Not allowed: primarily commercial use (but very high bar to hit commercial use)

Question 11

What about the nature of work is considered when using fair use as a defence to copyright infringement?

Answer 11

Allowed: factual

Not allowed: if it copies creativity/expression. Also if work is unpublished

Question 12

What about the amount & substantiality of use is considered when using fair use as a defence to copyright infringement?

Answer 12

Refers to importance of what is used, but it may not matter all the time. If the whole work is used, substantiality is high.

Question 13

What about the potential market effect is considered when using fair use as a defence to copyright infringement?

Answer 13

Not allowed if it supersedes/substitutes for original

Question 14

What is the SG-US Free Trade Agreement (2003)?

Answer 14

Before FTA: fair dealing (use) was a narrow defence, for the purpose of criticism/reporting (acknowledgement still required)
After FTA: made fair dealing similar to US fair use, with an added 5th condition - possibility of obtaining the work within reasonable time at an ordinary commercial price

Question 15

What are 3 considerations for De Minimis?

Answer 15

1) trivial use
2) inessential use - does not contribute to the work. Can be blanked out without diminishing the work in which it appears
3) use is unavoidable (cannot avoid billboard)

Question 16

Does incidental filming of artistic works count as copyright infringement?

Answer 16

Nope if only incidental

Question 17

What does parody refer to in US? (2)

Answer 17

1) uses elements of original work

2) makes fun of original work

Question 18

Can parody count as fair use?

Answer 18

Even if parody is so effective that it hurts the market for the original, it is still fair use, unless the parody is a substitute for the original.

Question 19

What does satire refer to?

Answer 19

1) uses elements of original work

2) makes fun of another target, not original work. No necessary connection between original work & other target

Question 20

Can satire count as fair use in US, Australia and SG/HK?

Answer 20

US: no
Australia: parody & satire both protected
SG/HK: no specific provisions

Question 21

What does US think the purpose of copyright ownership is?

Answer 21

US congress has the power to promote the progress in science & useful arts. Incentivise creation by giving creators rights (for a limited time)

Question 22

How does one transfer rights?

Answer 22

Assign copyright to another in writing/electronically (白纸黑字)

Question 23

What are some ways to license rights? (5)

Answer 23

1) Grant permission for others
2) Transfer some specific rights, retains all others
3) User may pay royalty
4) For a term (limited time) or in perpetuity (until end of copyright term)
5) In a territory

Question 24

By default, who owns the copyright for newspapers/magazines?

Answer 24

Creator, not subject, owns copyright. Subject needs license to use material.

Question 25

By default, who owns the copyright for the employee’s work? What is the exception?

Answer 25

If employee creates work as part of his job, employer owns copyright.
Exception: journalists. Employers only own right to first publication. Employee retains remaining rights (e.g. to republish in a collection)

Question 26

By default, who owns the copyright if someone is not an employee, but has contributed work to a publication?

Answer 26

Creator owns copyright. The creator licenses the publication of their work to others & retains other rights as well.

Question 27

By default, who owns the copyright for commissioned work? What is the exception?

Answer 27

Creator owns copyright.

Exception: portraits, photographs, engravings (visual works) - commissioner owns copyright

Question 28

By default, who owns the copyright for content on social media?

Answer 28

Social media doesn’t claim copyright of their users’ content, but users grant them a license to use the content for purposes listed in the terms & conditions

Question 29

By default, who owns the copyright for advertisements?

Answer 29

Advertisement agency assigns all intellectual property rights in ads to client. Client pays agency a fee

Question 30

Who owns the copyright for advertisement pitches?

Answer 30

Clients don’t pay for pitches. If ideas from non-selected agencies were used, there are no legal implication because ideas are not copyrighted

Question 31

How to avoid you pitch from being used by others? (2)

Answer 31

1) agency could ask client to sign non-disclosure agreement about content of pitch
2) turn ideas into expression so it has copyright