cri final

Question 1

what is the legal concept of property?

Answer 1

people (subjects of the legal relationships) + things (the objects of legal relationships. both real and intellectual)

Question 2

is the meaning of property finite?

Answer 2

no. it is constantly changing alongside our changing society

Question 3

3 basic legal concepts

Answer 3

property, copyright, legal foundations

Question 4

is copyright the same as patents or trademarks?

Answer 4

NO

Question 5

how long does copyright last?

Answer 5

the life of the author plus 70 years. then it enters the public domain

Question 6

what is copyright used for?

Answer 6

creative works

Question 7

underlying historical theories for copyright (3)

Answer 7

1. rights based theory- based on natural law (John Locke)
2. Utilitarianism - decisions are made based on the total amount of happiness produced for all.
3. Economic analysis- free-market will guide the creation of intellectual goods, without market incentive goods will be underproduced

Question 8

what is copyright literally

Answer 8

the right to copy or reproduce a work in whole or part

Question 9

what is the idea-expression dichotomy

Answer 9

an expression has to be fixed in some tangible form (expectations for performers). cannot copyright facts or ideas

Question 10

economic rights in copyright

Answer 10

-rights that you can exchange rights for economic value - can trade, license, or sell them

Question 11

what are sole rights?

Answer 11

copyright is your sole right. it gives the author a limited term to have economic control their works

Question 12

moral rights (non-economic) (3)

Answer 12

1. right of integrity
2. right of attribution
3. right of association

Question 13

general term limits rule

Answer 13

author’s life plus 70 years

Question 14

benefits of copyright registration (6)

Answer 14

1. protects work
2. legal evidence
3. public record
4. economic benefit
5. work modification
6. transfer of rights

Question 15

what are the authors primary rights? (3)

Answer 15

1. economic rights
2. moral rights
3. term limits

Question 16

reproduction right (S.3)

Answer 16

grants the sole right to reproduce the work or any substantial part thereof

Question 17

authorization right (S.3)

Answer 17

author has the sole right to authorize any of the enumerated rights in the section

Question 18

Fair dealing categories (8)

Answer 18

1. research
2. private study
3. education
4. parody
5. satire
6. criticism
7. review
8. news reporting

Question 19

What are included in music rights? (4)

Answer 19

1. publishing rights
2. mechanical rights (reproduction of underlying musical composition)
3. performer’s performance rights
4. sound recording rights

Question 20

what are TCEs

Answer 20

traditional cultural expressions (dance, art, designs, etc) - anything that is cultural expression

Question 21

what do copyright collectives do?

Answer 21

deal with the confusing details regarding the use and reuse of music

Question 22

Song covers and copyright

Answer 22

you own the mechanical rights to reproduce a song

Question 23

what is DRM

Answer 23

Digital Rights Management

Question 24

why is DRM important

Answer 24

can protect your online libraries (music and movies) from copyright infringement, but they are susceptible to overreach

Question 25

How to prevent DRM overreach

Answer 25

digital locks - turns traditionally freely accessible works into private goods (ex: E-books)

Question 26

what is copyright?

Answer 26

an asset that either belongs to you or someone else

Question 27

copyright ownership interests (6)

Answer 27

1. first author is the owner
2. licensing
3. assignment
4. employment
5. no moral rights - can only be waived
6. contracts can trump statutory rights

Question 28

what does licensing mean?

Answer 28

when IP is exchanged for payment

Question 29

issues for journalists

Answer 29

ownership - journalists are not able to control the use of their work during their employment

Question 30

Why is the public domain important? (4)

Answer 30

1. access to lots of works
2. important for innovation and culture
3. public goods serve the broader public in general
4. provides creators with a database of works from which to use freely

Question 31

What is the International Regulation of Copyright concerned with? (3)

Answer 31

1. preventing powerful parties from influencing rulemaking for private interests at the expense of human rights
2. states should adopt their own copyright laws but stay within the boundaries set by int. treaties
3. int. human rights instruments aim to protect human authors, not corporate owners

Question 32

is authorship transferrable?

Answer 32

no. it is about protecting the right of authorship as a human creative

Question 33

does Canada recognize Artist Resale Rights (AAR)

Answer 33

no

Question 34

photography and copyright (2)

Answer 34

1. photographers are allowed to take and publish photographs of buildings, sculptures, and other permanent works in public spaces without infringing on copyright
2. photographing people in public is allowed, but the use of their photos is subject to privacy rights

Question 35

what is the right of integrity

Answer 35

if the use of the work damages the authors reputation

Question 36

what is the right of attribution

Answer 36

when the author is not properly credited

Question 37

what is the right of association

Answer 37

when the work is associated with something the author does not approve of