Copyright Exam Review

Question 1

What does copyright protect and how does it differ from trademarks??

Answer 1

Copyrights protect original works of authorship fixed in a tangible medium of expression. It is different from a trademark because trademarks protect things such as names, symbols, and logos that indicate the source of a good.

Question 2

How are band names protected?

Answer 2

Band names are protected by service marks

Question 3

What is the right of publicity?

Answer 3

The right to control the commercial use of your name, image, and likeness.

Question 4

When do you have a valid copyright?

Answer 4

A copyright exists when something is created into a tangible medium

Question 5

What are the six specific rights of copyright and which ones do not apply to sound recordings?

Answer 5

Reproduce
Distribute
Prepare derivative works
Publicly perform the work
Publicly display the work
Publicly perform a sound recording through digital audio transmission
The right to publicly perform and publicly display does not apply to sound recordings.

Question 6

In what year were sound recordings made subject to federal copyright law?

Answer 6

1972

Question 7

Can you imitate a sound recording without infringing the copyright to the sound recording?

Answer 7

Yes, as long as and independent recording is created and does not use the original recording

Question 8

What does the AHRA allow you to do?

Answer 8

The Audio Home Recording Act allows you to record a song at home without a copyright as long as it is for private noncommercial use

Question 9

What is the First Sale doctrine and what does it allow for? Can I sell a record I have bought to someone else? Can I rent a recording I’ve bought to someone else?

Answer 9

Once ownership of a copy passes, the copyright can’t control further distribution of that copy; you can resell a record, but renting is specifically prohibited.

Question 10

What is the specific definition of public performance? What public performances are allowed without a license?

Answer 10

A public performance is a performance at any place (public or private) with a large group of people that is outside of your normal social circle.
Public Performances Allowed Without a License:
Educational
Charitable
Religious
Public reception of broadcast transmission (e.g., playing the radio in a place of business) if
a. Bars and restaurants< 3750 sq ft
b. Other establishments<2000 sq ft

Question 11

What are the four factors in considering whether something is a fair use or not? Can you apply them?

Answer 11

Purpose of use
Nature of work being used
Size or substantiality of portion being used
Effect on market for work being used

Question 12

What is a compulsory license in general?

Answer 12

Sometimes the law compels a copyright holder to grant someone a license whether they want to or not and the law usually provides how much that licensee has to pay

Question 13

What is a compulsory mechanical license? Who gets one from whom?

Answer 13

A compulsory mechanical license is for a musical work. Whomever is getting the license gets it from the publisher of the musical work.

Question 14

What are the requirements to obtain a compulsory mechanical license?

Answer 14

Song must have been recorded and released
Must notify copyright holder
Only audio copies for private home use
Can’t change fundamental character of song
Pay statutory rate

Question 15

What are the current statutory rates for mechanical, ringtone and streaming licenses?

Answer 15

Mechanical: 12 cents/month or 2.31 cents/minute (whichever is larger for each unit distributed)
Ringtone: 24 cents
Streaming: Services currently pay 15.1% of their income to publishers

Question 16

What compulsory license does SoundExchange handle?

Answer 16

Digital transmissions of sound recordings (only for noninteractive transmissions)

Question 17

Who owns a copyright initially?

Answer 17

The author(s) of the work (ie. the person who fixes the work into a tangible medium)

Question 18

What are the requirements for the creation of joint works?

Answer 18

Must intend to create
Must each contribute something copyrightable to the work

Question 19

How are ownership, control and income handled between joint authors without an agreement?

Answer 19

Ownership is equal and undivided unless otherwise agreed, control and income are shared unless otherwise agreed.

Question 20

Who is the author of a sound recording?

Answer 20

It is arguable but typically the writer and producer. The engineer?

Question 21

Do transfers of copyright need to be in writing?

Answer 21

YES

Question 22

What are nonexclusive licenses and exclusive licenses and are either considered a transfer of ownership?

Answer 22

Nonexclusive License: Where you grant someone rights and can continue to grant others those same rights. This is not a transfer of ownership
Exclusive License: Where you grant someone rights and cannot grant those rights to anyone else. This is a transfer of ownership

Question 23

Who initially owns a work made for hire?

Answer 23

Technically no, but it’s complicated.

Question 24

What are termination rights? Can you waive them? Do they apply to works made for hire?

Answer 24

Termination rights are the ability of an author to get their copyrights back. It cannot be waived and it does not apply to works made for hire. Termination rights only apply to copyrights created in 1978 and beyond.

Question 25

What are the two specific ways in which something can be a work made for hire?

Answer 25

An employee creating a work for their employer within the scope of their employment
Commissioned work but only for specific types of works and if there is a signed writing stating that it’s a wmfh

Question 26

Is a sound recording a work made for hire?

Answer 26

Technically no, but it’s complicated.

Question 27

When and how can you exercise termination rights? What is the window of time for choosing a termination date? What is the window of time for notice?

Answer 27

You can exercise termination rights 35-40 years after transfer and must send a notice 2-10 years before the chosen termination date.

Question 28

What is the duration of a copyright published before 1978?

Answer 28

95 years from date of publication

Question 29

What is the duration of a copyright created 1978 and beyond for regular works and works made for hire?

Answer 29

Regular Works: Life of last surviving author plus 70 years
Works Made for Hire: 95 years from date of publication or 120 years from date of creation (whichever is sooner)

Question 30

What are the benefits of copyright registration?

Answer 30

Allows you to sue, gives you proof that you own the copyright, and allows you to collect statutory damages, attorney fees, and court costs.

Question 31

What forms and fees are there?

Answer 31

eCO: for simple works, $45
eCO: for other works, $65
Paper Forms: $125, PA - musical works, SR - sound recordings

Question 32

What are the elements of copyright notice for most works and how do they differ for sound recordings?

Answer 32

Most Works:
Copyright, Copr., or ©
Year of first publication
Name of owner
Sound Recordings: ℗, year of publication, and name of owner

Question 33

Is copyright notice required? Was it ever?

Answer 33

Was required at first but is now no longer required and is recommended.

Question 34

What is the requirement of deposit? What happens if you fail to deposit a work?

Answer 34

Must deposit one copy of any published work with the Library of Congress irrespective of whether you register. If you do not send a copy you will get a fine.

Question 35

What must you show in court to prove copyright infringement?

Answer 35

Ownership and copying

Question 36

What is inferred access?

Answer 36

When you can infer that someone has heard the song because of wide distribution and popularity

Question 37

How are musical works and sound recordings treated differently in analyzing whether sampling them is infringement?

Answer 37

Musical Works - Sampled portion must be original enough to sustain copyright
Sound Recording - At least one court states that ANY amount of SR sampled regardless of length or distortion is infringement

Question 38

What are the remedies the court will award to someone who has successfully proven infringement?

Answer 38

Injunction
Impoundment/Destruction
Damages (Actual or Statutory)
Attorney Fees and Court Costs

Question 39

Which of those remedies are only available if you have registered your copyright in a timely manner?

Answer 39

Statutory damages and attorney fees and court costs

Question 40

The most protectable parts of a song?

Answer 40

Melody and Lyrics