Copyright Law Flashcards
In order for a work to qualify for copyright protection, it must be
In order for a work to qualify for copyright protection, it must be an original creative work that is fixed in a tangible medium of expression.
This means that the work must be the result of the author’s original creativity and must be in a fixed form that can be perceived or reproduced, such as a written document, a recording, or a digital file.
Additionally, the work must have a minimum level of creativity, meaning that it cannot be a mere copy of another work or a simple compilation of facts or data.
What are the main categories of “works” that can be copyrighted?
Literary works: This includes novels, poetry, plays, textbooks, and other types of written works.
Musical works: This includes compositions, songs, and other musical pieces.
Dramatic works: This includes plays, scripts, screenplays, and other types of dramatic works.
Artistic works: This includes paintings, drawings, sculptures, photographs, and other visual works.
Architectural works: This includes buildings, designs, and other types of architectural works.
Computer programs: This includes software, source code, and other types of computer programs.
Sound recordings: This includes audio recordings, such as music albums or spoken word recordings.
Audiovisual works: This includes movies, television shows, videos, and other types of audiovisual works.
What types of works cannot be copyrighted?
Ideas, procedures, methods, systems, processes, concepts, principles, or discoveries:
Copyright law only protects the expression of ideas, not the ideas themselves. Therefore, ideas, methods, and other similar concepts are not eligible for copyright protection.
Facts, information, and data: Copyright law does not protect purely factual information, such as historical dates, events, or scientific data. However, a particular expression or arrangement of facts may be eligible for copyright protection.
Common symbols or designs: Common symbols or designs, such as standard geometric shapes or basic symbols, are not eligible for copyright protection.
Titles, names, short phrases, and slogans: These are generally not eligible for copyright protection, but they may be protected by trademark law.
Government works: Works created by the U.S. federal government, such as laws, court decisions, and government reports, are not eligible for copyright protection. However, some state and local government works may be eligible for copyright protection.
Do the following qualify for - copyright protection?
A “scantron” exam answer sheet?
The “white pages” phone book?
The “yellow pages” phone book?
A black and white photograph of trees in a forest?
A “scantron” exam answer sheet: A scantron answer sheet, in and of itself, is not typically eligible for copyright protection because it is a functional and utilitarian item that serves a specific purpose. However, any creative elements added to the answer sheet, such as original artwork or design, may be eligible for copyright protection.
The “white pages” phone book: The “white pages” section of a phone book, which typically lists individuals’ names, addresses, and phone numbers, is not eligible for copyright protection because it is simply a compilation of factual information. However, the phone book as a whole, including any creative elements or original content, may be eligible for copyright protection.
The “yellow pages” phone book: The “yellow pages” section of a phone book, which typically lists businesses’ names, addresses, and phone numbers, may be eligible for copyright protection if it contains original creative content, such as original artwork or original descriptions of businesses.
A black and white photograph of trees in a forest: Yes, a black and white photograph of trees in a forest is eligible for copyright protection as it is an original creative work fixed in a tangible medium of expression. The photographer automatically owns the copyright to the photograph as soon as it is created, and has the exclusive right to control its use and distribution, subject to certain limitations under copyright law.
Do you have to register your authored work with the U.S. Copyright Office to obtain copyright protection?
No, you do not have to register your authored work with the U.S. Copyright Office to obtain copyright protection. Copyright protection exists automatically as soon as the work is created and fixed in a tangible medium of expression. However, registration with the U.S. Copyright Office provides several important benefits, including:
Public notice of your copyright claim: Registration puts the public on notice that you own the copyright to the work.
Legal evidence of ownership: Registration provides legal evidence of your ownership of the copyright and the date of creation of the work, which may be important in any legal disputes.
The ability to file a lawsuit for copyright infringement: You must register your copyright with the U.S. Copyright Office before you can file a lawsuit for copyright infringement in federal court.
The ability to obtain statutory damages and attorney’s fees: If you register your copyright within a certain time frame, you may be eligible for statutory damages and attorney’s fees if someone infringes on your copyright.
Under copyright law, is it necessary for Jill to place “Copyright 2019 by Jill Q. Author” on the first page of her new book? Why is it a good idea?
Under current U.S. copyright law, it is not necessary for Jill to place a copyright notice, such as “Copyright 2019 by Jill Q. Author,” on the first page of her new book to obtain copyright protection. As I mentioned earlier, copyright protection exists automatically as soon as the work is created and fixed in a tangible medium of expression.
However, it is still a good idea for Jill to include a copyright notice on her book for several reasons. First, including a notice can put others on notice that the work is protected by copyright and that Jill is the copyright owner. Second, including a notice can help prevent infringement and reduce the risk of infringement, as someone who knowingly infringes on a work can’t claim innocent infringement if there was a proper copyright notice. Finally, including a notice can also help Jill enforce her copyright in the event of an infringement lawsuit, as she can claim that the infringer had “actual notice” of the copyright.
It is also important to note that while including a copyright notice is not required under current U.S. copyright law, it was required for works created prior to March 1, 1989, in order to obtain copyright protection. Therefore, if Jill is republishing an older work, it may be necessary to include a copyright notice to ensure protection.
For how many years can the author maintain protection of the author’s work under copyright law?
The duration of copyright protection in the United States depends on various factors, such as when the work was created, when it was published, and whether the work was created by an individual or a corporation. Generally, for works created by individuals, copyright protection lasts for the life of the author plus 70 years. For works created by a corporation, copyright protection lasts for 95 years from the date of publication or 120 years from the date of creation, whichever comes first.
a company pays someone to take photographs for the company’s new brochures and promotional campaign, when will the company become the owner of the copyright on those photographs if the photographer is an employee? If the photographer is an independent contractor?
If the photographer is an employee of the company and takes photographs within the scope of their employment, then the company will automatically become the owner of the copyright in those photographs. This is because the Copyright Act considers such works to be “works made for hire,” which are defined as works created by employees within the scope of their employment. In such cases, the employer, not the employee, is considered the author and copyright owner of the work.
However, if the photographer is an independent contractor, the situation is a bit more complicated. By default, the independent contractor will own the copyright in the photographs that they create. However, if the photographer and the company sign a written agreement that specifies that the photographs are being created as a “work made for hire,” and if the photographer qualifies as an independent contractor under the Copyright Act, then the company can become the owner of the copyright in the photographs. Alternatively, the photographer can assign or transfer their copyright in the photographs to the company in writing, if both parties agree.
What is the difference between direct and indirect liability for copyright infringement?
Direct and indirect liability are two different types of legal responsibility for copyright infringement.
Direct liability refers to a situation where a person or entity actively engages in acts that infringe on the copyright owner’s exclusive rights, such as making copies of a copyrighted work or distributing it without permission. In other words, direct liability arises when the defendant is directly responsible for the infringement.
Indirect liability, on the other hand, refers to a situation where a person or entity is not directly engaged in infringing activities, but may still be held liable for the infringing activities of another. There are two main types of indirect liability for copyright infringement: contributory infringement and vicarious infringement.
Contributory infringement occurs when someone knowingly induces, causes, or materially contributes to someone else’s infringement of a copyright. For example, if a company knowingly provides software that is designed to make unauthorized copies of a copyrighted work, that company may be liable for contributory infringement.
Vicarious infringement occurs when someone has the right and ability to control the infringing activities of another, and receives a direct financial benefit from the infringing activities. For example, if a website owner profits from the infringing activities of its users by hosting and distributing infringing content, the website owner may be liable for vicarious infringement.
In summary, direct liability arises when a person or entity is directly responsible for copyright infringement, while indirect liability arises when a person or entity is held responsible for the infringing activities of another. Indirect liability includes both contributory infringement and vicarious infringement.
The four factors that are used to determine whether a use of a copyrighted work qualifies as a “fair use” under U.S. copyright law are:
The purpose and character of the use.: be for nonprofit educational purposes 1. transformative , 2. commercial , 3. parody , and satire, 4. Bad faith.
Nature of the Copyrighted Work :statutory factor “calls for recognition that 1., whether the work is expressive or creative, second, 2. whether the work is published or unpublished,
The amount and substantiality of the portion used: excessive and unreasonable
Marketing Effects: had no deleterious effect “upon the potential market for or value of the copyrighted work.
