Exam 1

Question 1

Year U.S. Copyright Act revised to extend length to 28 years with another 28 renewal.

Answer 1

1909

Question 2

Year of Copyright Revision Act. Extended copyright terms to 50 years after author’s death.

Answer 2

1976

Question 3

Year of Digital Audio Home Recording Act.

Answer 3

1992

Question 4

Year of Sonny Bono Copyright Term Extension Act. Extended copyright protection to life of author plus 70 years.

Answer 4

1998

Question 5

Length of Copyright

Answer 5

Authors life + 70 years

Question 6

trademark

Answer 6

a distinguishing word name or symbol used to identify a product

Question 7

Copyright Infringement

Answer 7

the unauthorized or prohibited use of works covered by copyright law, in a way that violates one of the copyright owner’s exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works

Question 8

Performing Rights Organization

Answer 8

the “middle man” that collects and distributes royalties from public performance of a songwriter’s works

Question 9

Name all 3 PRO’s in the US

Answer 9

ASCAP, BMI, SESAC

Question 10

Performance Royalties

Answer 10

Royalties received when a work has been performed. Live performances, radio airplay, television

Question 11

Mechanical License

Answer 11

Legal permission given by the copyright owner (either through negotiation or a compulsory license) to make a commercial recording of copyrighted music

Question 12

Synchronization license

Answer 12

The right to synchronize a composition in timed relation to visual images on film or tape

Question 13

performance license

Answer 13

Contractual right to publicly perform a copyrighted work. Copyright owners of musical compositions typically authorize a clearinghouse such as ASCAP or BMI to license performance tights in their works

Question 14

statutory rate

Answer 14

Mechanical License fee - $0.91 per song under 5 mins – multiplied by the number of units distributed

-if song is over 5 mins = per minute rate – $0.175 per minute

Question 15

Controlled Composition Clause

Answer 15

Language in a contract between a recording label and a composer-performer in which the label demands to pay a reduced mechanical royalty for works owned or controlled by the recording artist.

Question 16

What is a compulsory mechanical license?

Answer 16

License granted that allows someone the use of a song on an album or digital download without permission of the copyright owner

Question 17

Harry Fox Agency

Answer 17

• Organization that deals with compulsory mechanical licenses
• Takes 6.75% from gross
• Rest is plait between publisher and writer

Question 18

Summary Judgement

Answer 18

Can be made when there are no “triable issues of fact” in a case or in a specific part of a case. Initiated by one side making a motion contending that all necessary factual issues are settled. The court will then settle the case without it going to trial.

Question 19

amici curiae

Answer 19

“Friend of the court” –Someone who is not a party in the case but provides expert testimony. Can also represent public interests not already addressed in the trial. May be in the form of an Amicus Curiae brief.

Question 20

Id.

Answer 20

Idem. “The same.”

Question 21

Applicant

Answer 21

The person who files a petition or makes an application. The person applying for a legal remedy to a problem.

Question 22

Et sec.

Answer 22

Et sequential – “and the following.”

Question 23

U.S.C.

Answer 23

United States Code

Question 24

Statutory Construction

Answer 24

The interpretation of a statute by the court.

Question 25

Appellant

Answer 25

The party appealing a trial court decision in a higher court

Question 26

Pretrial discovery

Answer 26

A formal investigation conducted before trial by both parties. Allows each party to question the other parties, or request the other party to produce physical evidence.

Question 27

Bifurcation

Answer 27

A judge divides issues up before the trial so that each issue will be ruled upon before hearing evidence on the next.

Question 28

De Novo

Answer 28

“anew” – When a case is tried a second time; the appeals court holds trial as if no prior trial had been held.

Question 29

Quantam Meruit

Answer 29

“As much as deserved” – Determines the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed.

Question 30

Prejudgement Interest

Answer 30

The interest a creditor is entitled to collect under a loan agreement or by law before going to court and obtaining a judgment against the debtor.