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Media Law > Copyright Scope, Infringement, Defence, Ownership > Flashcards

Copyright Scope, Infringement, Defence, Ownership Flashcards

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1
Q

What is copyright?

A

The right to make a copy

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2
Q

What is protected under copyright?

A
  1. Original works (LDMA)
    Literary, Dramatic, Musical, Artistic

** 2. Entrepreneurial works
Jointly authored, May contain other “original” works with separate protection
e.g
Published editions: typographical arrangements of literary works (e.g Shakespeare written works, rewrote the plot etc

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3
Q

What does ‘protected original expression’ mean? What does it require (2) and what does it not require?

A

If work originates with you, you hold the copyright
Requires
1. skill, labour, judgement (SG)
2. not mechanically copied

Not required
1. Quality not required

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4
Q

Copyright automatic upon fixation means?

A

No registration required, no formalities required

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5
Q

What are the different fixation laws under copyright? different countries

A 
SG = in some material form, includes electronic e.g digitally 
UK = recorded in writing or otherwise 
US = can be perceived, reproduced, communicated (PRC) for more than a transitory period
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6
Q

What is protected?

A

Expression

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7
Q

What is not protected?

A

Facts, Ideas

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8
Q

What constitutes infringement for ideas? Under what circumstance?

A

Expression must be nearly identical

When there are only limited ways to express an idea

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9
Q

What is scenes a faire?

A

Standard scenes, esp in particular genre

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10
Q

What ideas are protected?

A
  1. Particular plot/scene sequences protected
    - In practice, few Ps win in an infringement case
  2. Characters protected if “well delineated” or “constitutes the story being told” (US)
    E.T, Rocky
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11
Q

What are the 2 ways to view de minimis?

A
  1. No infringement has occurred & it is a defence to infringement
  2. It is an undeveloped area of copyright law
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12
Q

De minimis is a copyright defence when use is (4)

A
  1. Trivial
  2. Inessential
  3. Unavoidable
  4. Does not contribute to work
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13
Q

Does copyright take hold when you…

a. have the idea
b. save the file
c. affix copyright notice e.g c 2021
d. publish the work
e. formally register for protection

A

b. save the file

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14
Q

How does Singapore define automatic upon fixation?

A

in material form, including electronic/digital form

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15
Q

What constitutes fair use (5)

A
  1. Purpose of use
  2. Nature of work
  3. Amount of use
  4. Substantiality of use
  5. Potential market effect

SNAPP

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16
Q

What is the 5th prong of SG’s current fair dealing defence? (3)

A

Possibility of

  • obtaining work within
  • a reasonable time at
  • an ordinary commercial price
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17
Q

What happens in version 3 of fair dealing?

A
  1. rename as fair use

2. remove 5th prong

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18
Q

What was fair dealing v1, before 2003?

A
  1. Criticism, review and reporting current events

2. Acknowledgement of source

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19
Q

SG copyright law is made up of what 4 laws?

A
  1. Copyright Act (a Statutory Act)
  2. English common law → helps interpret statute
  3. International treaties –> set minimal standards
  4. SG-US Free Trade Agreement (2003)
    - Includes US fair use, called ‘fair dealing’
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20
Q

What are your rights under copyright exhaustion aka 1st use doctrine?

A
  1. can resell, give away, rent, destroy

2. control over copy ‘exhausted’ after 1st sale

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21
Q

What can you not do under copyright exhaustion?

A

make new copies of work

22
Q

What are the requirements for copyright infringement?

A
  1. substantial objective similarity or identical

2. causal connection indicating copying = evidence that they copied, or access to work

23
Q

What are the assumptions for copyright infringement? (2)

A
  1. plaintiff’s work is still copyright-protected

2. no permission was given to use work

24
Q

Is infringement civil or criminal law? What are the exceptions?

A

mostly civil law

except criminal prosecution possible for commercial-scale infringement

25
Q

What are the bundle of rights you have under copyright law? (5)

A
  1. Reproduce
  2. Adaptations/Derivative works
  3. Perform/display publicly
  4. Electronic transmisison
  5. Distribute to public

DRAPE

26
Q

What is the purpose of copyright?

What does the US Constitution say about copyright in this aspect?

A
  • Incentivise creation by giving creators rights
  • US Constitution:
    promote the Progress of Science and Useful Arts
    by securing for limited Times
    the Right to their works
27
Q

What are the alternative durations of protection (after publication) for copyright?

A

70 years: PSF (photo, sound recording, film)
50 years: BC (broadcast, cable)
95 years: work of corporate authorship
Where many people work on the same document, making it difficult to administer a term of life with just +70 years

28
Q

What is the typical term of protection for original works?

A

life of author + 70 years

29
Q

What are the two ways an owner can transfer rights?

A
  1. Assign all rights to another

2. License (sell or give away) rights:

30
Q

What can an owner do when licensing rights?

A
  1. Permission grant
  2. Transfer some, retain all others
  3. Royalty paid by user
  4. Term (time) or in perpetuity (forever)
  5. License only within a certain territory

PeTTRoL

31
Q

Who owns the copyright for employees?

What is the exception to this rule?

A

Employees: Default rules, which can be altered by contract
Work made as part of job = employers owns copyright

Exception: journalist employee of periodical = newspaper/magazine

  • Employer has the right to publish the periodical for the first time
  • Employee retains remaining rights
32
Q

When a creator contributes to a publication, the creator…

A
  • owns copyright

- licenses publication of their work to others

33
Q

Who owns copyright for commissioned work?
What are the exceptions?
How is SG default rule changing?

A

Creator owns copyright (for most)

Exception: Portrait, photograph, engraving (PPE)

  • Commissioner owns copyright
  • Good to make ownership explicit contract

SG default rule to change to creator own rights to all commissioned works, unless specified otherwise in writing

34
Q

Who owns copyright on social media?

What happens on social media between user and the service?

A

Users retain copyright ownership

  • User licenses the service to use content for purposes in terms and conditions
  • Permission to display work to others, subject to privacy settings
35
Q

Who owns advertising material? Why?

A

The client does.

  • Client pays agency fee
  • Agency assigns copyrights = all intellectual property rights to client
36
Q

What happens when an agency pitches to an advertiser?

A

Advertiser invites agencies to pitch ideas for a new campaign
Client usually does not pay for pitches, some are not used

37
Q

How to protect your ideas?

A

Ask client to sign confidentiality agreement since ideas are not protected

For pitches, turn ideas into expression!
Add copyright notice to written proposals, illustrations, videos
Show client that you are aware of your rights and client should know them too

38
Q

What does a parody do?

A
  1. use elements of original work
  2. makes fun of original work
  3. potential fair use
39
Q

What does satire do?

A
  1. use elements of original work
  2. makes fun of another target
  3. not fair use
40
Q

Why is satire not protected by fair use?

A

you could use all sorts of expression to make fun of another target
no necessary connection between original work and target

41
Q

Under what circumstance is parody not fair use?

A

When parody is so effective it serves as a substitute for original

42
Q

What is US’ approach to parody? (5)

A

Parody weighs towards fair use because it is transformative

  1. Portion is used for purpose different from original work’s purpose ***
  2. Pokes fun at original
  3. Genre uses enough of original to evoke original **
  4. May hurt market by making fun of original, fair
  5. May hurt market by replacing original, not fair
43
Q

What is US’ approach to satire?

A

Satire not protected by fiar use

- use is meant to poke fun at something else, not at original

44
Q

Where is satire protected?

A

Australia, protects both satire and parody

45
Q

What are the countries’ approach towards parody and satire?

A

US: parody ok unless it replaces original, satire no
Australia: parody and satire both protected
SG and HK: no specific provisions, HK activists lobbied for protection

46
Q

What favours fairness for purpose of use (borrowed material) under fair use?

A

News/reporting current event
Teaching
Private study/research
Transformative use: parody, commentary/review/criticism

NTPT notopoto

47
Q

What disfavours fairness from purpose of use (borrowed material) under fair use?

A

primarily commercial purpose

48
Q

What favours fairness from nature of work (that is borrowed from) in fair use?

A

Nature of original copyright-protected work that’s borrowed from
- More factual work

49
Q

What disfavours fairness from nature of work (that is borrowed from)

A

Nature of original copyright-protected work that is borrowed from:

  • Creative and expressive work
  • Unpublished work
50
Q

What disfavours fairness for potential negative market effect on the original?

A

Replacing or substituting for original

Media Law (12 decks)

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