Exam Framework

Question 1

5 steps of analysis in an infringement suit

[COIDR[

Answer 1

Copyrightability
Ownership of a valid copyright
Infringement
Defenses
Remedies

Question 2

4 steps of analysis in copyrightability

[OESF]

Answer 2

Originality
Expression (tangible medium of)
Subject matter
Fixation

Question 3

5 steps of analysis in ownership of a valid copyright

[AFDTR]
AFTR Dark

Answer 3

Authorship
Formalities
Duration and renewal
Transfers
Restoration

Question 4

2 categories of rights protected

Answer 4

Economic Rights

Moral Rights

Question 5

4 categories of economic rights

[RMD-P]

Answer 5

Reproduction
Modification
Distribution
Performance, display, digital transmission

Question 6

4 sources of moral rights

[CLSV]

Answer 6

Common Law
Lanham Act
State art-preservation statutes
VARA

Question 7

3 types of secondary liability
1 type of para-copyright liability

[CVI+T]

Answer 7

Contributory infringement
Vicarious Infringement
Inducement
Technological Protection Measures

Question 8

Four (non-exclusive) fair use factors

PNAM

Answer 8

Purpose & Character
Nature (of original copyrighted work)
Amount & substantiality (of original copyrighted work)
Market effects

Question 9

Three types of remedies

Answer 9

Injunctions
Damages
Criminal penalties