copyright law

Question 1

copyright

Answer 1

Copyright is an exclusive right to own, produce, sell, and license artistic and creative works

Question 2

which part of the law authorizes the fed to enact copyright laws

Answer 2

The U.S. Constitution Article 1, Section 8

Question 3

what are the currently effective copyright laws

Answer 3

The Copyright Act of 1909 (governing works published between 1909 and 1978)

The Copyright Act of 1976 (governing works created on or after January 1, 1978)

The Digital Millennium Copyright Act (amending copyright law relating to online and digital distribution of content)

Question 4

The Copyright Act of 1909

Answer 4

The Copyright Act of 1909 (governing works published between 1909 and 1978)

Question 5

The Copyright Act of 1976

Answer 5

The Copyright Act of 1976 (governing works created on or after January 1, 1978)

Question 6

The Digital Millennium Copyright Act

Answer 6

The Digital Millennium Copyright Act (amending copyright law relating to online and digital distribution of content)

Question 7

what subject matter can be protected by copyright

Answer 7

(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.

Question 8

what must a work have to be protected by copyright

Answer 8

The work must be original and must be fixed in any tangible medium of expression.

Question 9

what does copyright not protect?

Answer 9

Copyright does not protect names, facts, ideas, procedures, processes, systems, methods of operations, concepts, principles or discoveries.

Question 10

who owns copyrights?

Answer 10

In most cases, the copyright in a work of authorship is owned by the author who created the work.

In the case of “works made for hire”, the employer and not the employee is considered to be the author

Authors of a joint work or co-owners of copyright collectively own the work.

Question 11

define a ‘work for hire’

Answer 11

A work prepared by an employee within the scope of employment, or
A work specially ordered or commissioned for use in the following 9 categories: contribution to a collective work, compilation, part of an audiovisual work, instructional text, translation, test, supplementary work, answer material for test, or atlas (and if agreed to be a work for hire in contract).

Question 12

what rights do copyright holders have?

Answer 12

To reproduce the copyrighted work in copies or phonorecords;
To prepare derivative works based upon the copyrighted work;
To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental ,lease or lending;
In the case of literary, musical, dramatic, or choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
In the case of literary, musical, dramatic, or choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

Question 13

duration of protection for works created after jan 1 1978

Answer 13

For works created after January 1, 1978:

Life of the author + 70 years
For works made for hire: 95 years from date of publication or 120 years from the date of creation, whichever comes first.

Question 14

duration of protection for works created before jan 1 1978

Answer 14

For works created before January 1, 1978:

Works published before 1923 are in the public domain.
Works published from 1923-1963: 28 yrs. + optional renewal of 67 yrs.
Works published from 1964-1977: 28 yrs. + automatic renewal of 67 yrs.
Created before January 1, 1978, but not published between then and December 31, 2002: Life + 70 yrs. Or December 31, 2047, whichever is greater.

Question 15

how do you acquire copyright protection

Answer 15

Publication, registration and notice are no longer required for copyright ownership to vest.

Copyright is automatically secured when the work is created and fixed in tangible form for the first time.

Question 16

what are the advantages to registration?

Answer 16

There are advantages to registration, though, including:
establishing a public record of your copyright
being able to sue in court for infringement (which essentially means you need to register in order to protect your rights)
establishing evidence to a court of the validity of the copyright
allowing a copyright holder to get statutory damages and attorney’s fees in an infringement suit
allowing copyright holder to register the copyright with the U.S. Customs Service to protect against importation of infringing copies.

Question 17

overview of forms filed with us copyright office

Answer 17

Form TX for literary works and computer programs
Form PA for musical works, dramatic works, motion pictures
Form SR for sound recordings (can also be used to simultaneously register underlying musical work(s) if same author)
Form VA for visual works of art
Form SE for serials and periodicals

Question 18

copyright notice

Answer 18

Copyright notice is not required, although it is wise to include such a notice on copyrighted works.

The copyright notice for visually perceptible copies of a work is © (the letter C in a circle), and the year of 1st publication of the work, and the name of the copyright owner.

For example, © 2012 John Doe Productions, Inc.

The copyright notice for phonorecords of sound recordings is ℗ (the letter P in a circle), and the year of first publication of the sound recording, and the name of the copyright owner.

For example, ℗ 2012 John Doe Music Company, Inc.

Question 19

what is the key exception to copyright

Answer 19

fair use

Question 20

fair use

Answer 20

§ 107 covers Fair Use. Fair use is a defense, not an affirmative concept, so one needs to understand that fair use does not prevent a copyright infringement lawsuit from commencing.

Fair use is a statutory defense to infringement, allowing right to use a copyrighted work without permission of the copyright owner

Question 21

fair use is a statutory defense to infringement true or false

Answer 21

true

Question 22

4 factor balance test

Answer 22

The purpose of the use;
The nature of the copyrighted work;
The amount used of the work; and
The effect on the market for the work

Question 23

examples of fair use

Answer 23

Excerpts used for review or critique,
Short passages in a scholarly work to illustrate author’s observations,
Spontaneous use in classroom (i.e. morning newspaper),
Parody,
Short passages in a summary of an article.

Question 24

how does one infringe on copyright

Answer 24

Elements of an infringement claim:

Ownership of a valid copyright, and
Use of an exclusive right provided to copyright holders without the permission of the copyright holder.

In the absence of direct proof of element #2, plaintiff may prove (a) access and (b) substantial similarity.

Question 25

discuss infringment compenstion and criminal liability

Answer 25

If the copyright holder has registered the copyright with the U.S. Copyright Office prior to the infringement, the copyright holder may be entitled to compensation.

Compensation may include damages such as lost profits, statutory damages (up to $150,000 for every infringing copy or higher if the infringement was willful.

There also may be criminal liability if there is willful infringement for profit or financial gain or if the work has a value over $1,000.

Question 26

first sale doctrine

Answer 26

Exception to the distribution right:

“…The owner of a particular copy or phonorecord lawfully made, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.”

The first sale doctrine does not include making and selling copies of that lawfully owned phonorecord.