Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Copyright Law > Final Exam > Flashcards

Final Exam Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Something to consider

A

Someone can infringe your song copyright without taking possession of it, without taking possession of any physical object and without your awareness of the infringement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Which organizations would be likely to be involved in exploiting a copyright owners 106(4) rights? What are the rights?

A
  1. BMI
  2. SESAC
  3. ASCAP

Rights: To reproduce, distribute, prepare/perform derivative work and public performance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Trademark

A

Any word, name, symbol, or device or any combination used to identify products or services and to distinguish them from those manufactured or sold by others.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

The “Author’s Right” was influenced by who?

A

Influenced by John Locke, a person should have control over what they create

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Where is “Congress will have the power to promote the progress of Science and Useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their writings and discoveries”

A

Copyright Clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Copyright Act of 1909

A

Where the creation of the a compulsory mechanical license first appeared

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Compulsory Mechanical License

A

To reproduce and distribute sound recordings of musical compositions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

When were sound recordings first protected?

A

Protected by US Copyright Law in 1972

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Bob never placed a copyright notice on copies of his song. He offered them for sale in dime stores and music stores from 1912 to 1947. As a result of this practice the copyrights of his song were injected into the public domain.

A

Under the 1909 Act, he had to have copyright notice or it would go into the public domain.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Where is the right to prepare a derivative work of a copyright protected work?

A

Section 106 (2) of the Copyright Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Copyrighted great for a compilation

A

Based on the originality and expression found in the selection and arrangement of the preexisting materials.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Rhythm

A

A regular pattern formed by a series of notes of differing duration and stress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

2 requirements for the creation of a joint work

A
  1. 2 or more authors must contribute to the creation of the work
  2. Each of the co-authors must make their contribution with the intention to combined work
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Richard Jones is a popular singer. Jones demands 50% co-ownership of the songs he records. Jones sells so many records that most songwriters sign an agreement with Jones that makes a co-owner, even though Jones makes absolutely no contributions to the song.

A

The prenup needs to be signed before making the song

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Susan is the lead actress in a Broadway show. She wants to record all of her solos just as she performs them in the play. She has a lucrative contract offer to promote her career by distributing her recordings through the Music Moods background music service. Her problem is that the publisher of all of the music in the show refuses to give her licenses to record the songs.

A

Note that Susan cannot get a compulsory mechanical license for these recordings because they are not for phono records (CDs, vinyl, downloads) they are for a background music service.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Joe tours and sells his recordings to fans after each of his shows. Joe records an album of cover songs, all of which have been recorded and distributed by other artists. Joe records the album over songs, all of which have been recorded and distributed by other artists. Joe records the album over the Memorial day weekend (May 19th-21st) and the leaves town. New recordings were finished June 1st. They were sold well during the summer touring season. Joe tours all summer and finally requests a compulsory license from the publishers of the songs he recorded over labor day weekend.

A

Note that music publishers are not obligated to grant Joe a compulsory license for the songs because he failed to request the license within 30 DAYS of the recording and before the public distribution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is a downloaded song?

A

Digital phono record for delivery or DPD

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the statutory royalty rate for a DPD

A

$.091 (for up to 5 minutes)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What does a controlled composition close guarantee?

A

That the record company that will be able to obtain the mechanical licenses for any song written, owned or controlled by the artist at reduced rates.
-Record label + artist contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Translating a derivative work

A

To translate a book from English to Spanish the translator must obtain a license.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Sheila obtains a compulsory mechanical license to record the musical composition, Yakety Sax, which she performs on the kazoo. The publishing company that owns Yakety Sax threatens Goodwin within copyright infringement. If Sheila is sued for infringement, who will win?

A

Sheila because nothing in $115 of the Copyright Act prohibits compulsory license from being issued when the artist plays the song on a different instrument than which it was written.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Limitation on the distribution right as of $109(a) says “The owner of a particular copy or phono record lawfully made under this title, 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”

A

Referred to as the The First Sale Doctrine. This is why you can sell your own books or CDs on Craigslist or eBay without infringing the copyright.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Alice sings a popular song in a radio studio that broadcasts the song live which is heard by the radio audience and the studio audience. Rita, listening to the FM radio while she does chores at home, hears Alice’s performance. How many public performances, if any, have occurred?

A

2 public 3 performances- the live rendition by Alice in the radio studio and the broadcast of the live performance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

The National Restaurant Association lobbied for what?

A

The “Fairness in Music Licensing Act”
-made restaurants 3750 square feet or smaller exempt from having to obtain public performance licenses from ASCAP, BMI, and SESAC.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

In the case of Herbert v Shanley, the composer Victor Herbet sued a restaurant owner, Shanley, for copyright infringement. Stanley was playing live music while people were eating, without obtaining a license from Herbert. The court found that even though there was no “no cover charge”, the restaurant was charging customers for the music: the charge was contained in the cost of the food. Why was the case important?

A
  1. It established that playing music publicly without a license was infringement
  2. It established that restaurant owners were charging for the music performed for their diners benefit.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What would the be the harshest penalty under the “Three Strikes and You’re Out”

A

Would be loss of Internet access for some time or fines.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

In the Grokster case the US Supreme Court ruled what?

A

Grokster and Streamiest were likely guilty of contributory copyright infringement by inducing and encouraging users of their software to infringe.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

When the RIAA started suing individual file sharers, in one of the cases that was not settled, the defendant used the defense that the files she downloaded were downloaded so that she could listen to the files and determine whether she wanted to buy the tracks and that such use was fair use.

A

The court rules that the defendant was wrong; it was not fair use to “sample before buying”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

T or F
Prior to its legal campaign against flashers, the RIAA indicated that it would be likely to refrain from suing filesharing companies would agree to adopt policies clerkly disclosing to their users that unauthorized uploading and downloading of copyrighted works is illegal.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

According the the User’s Right Philosophy, what is the purpose of copyright?

A

To encourage the widest possible production and dissemination of artist works.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Economic (or trade based) philosophy

A

American copyright law, historically based upon the user’s right philosophy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What was the compulsory mechanical license established under?

A

The Copyright Act of 1909

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Under which statute was the renewal period of copyright protection extended to 28 years thus increasing the period of copyright protection to 56 years (28 year initial period plus a 28 year extension period)?

A

The Copyright Act of 1909

34
Q

If a copyrighted recording of a copyrighted song is broadcast over the airways by a local radio station, who will receive performance royalties?

A

The songwriter and music publisher

35
Q

In the case of M. Witmark & Sons v. L. Hamburger & Co. a music publisher sued the owner of a radio station for playing the publisher’s music without a public performance licenses. In this case which case did the court rely on?

A

Herbert v. Shanley

36
Q

When did the Copyright Renewal Act of 1992 made renewal automatic for works that are created when?

A

1964 to 1977

37
Q

If a work is creature a a work made for hire in 1990, the termination of transfer of by the work’s author can occur in which of the following years?

A

None of the above. Because the termination right doesn’t apply to a work made for hire.

38
Q

If an assignment of copyright does not clearly indicate the term of its duration, what will happen?

A

It will be deemed effective for the remainder of the copyright term, subject to the author’s termination right.

39
Q

Bob wrote a song in 1961 that was not published. Bob died in 1985. How long is it protected?

A

Because the song was unpublished, it is protected for life + 70 years or until December 31, 2002, whichever is longer. Therefore it will expire in 2055.
Unpublished=life plus 70 years

40
Q

The records of copyright registrations filed prior to 1978, can be found in 2 places

A
  1. The Copyright Card Catalog

2. The Catalog of Copyright Entries

41
Q

A copyright notice should have the following info:

A
  1. the word “Copyright”, the symbol C or the abbreviation “Corp.”
  2. The year of initial publication of the work
  3. The copyright owner’s name
42
Q

If a co-author of a musical composition has her/his name left off the copyright registration by one of the other co-authors, what is the result?

A

The left off co-writer must file a Supplemental Registration with the Copyright Office to correct the error.

43
Q

The 3 types of coercive remedies are

A
  1. Impoundment
  2. Destruction
  3. Injunction
44
Q

What is the first step taken by the copyright owner in the persecution of a copyright infringement claim

A

To send a cease and desist letter to the defendant demanding that the infringer stop infringing the copyright owner’s work

45
Q

In order to prove an infringement claim, a copyright owner must prove two things

A
  1. The copying of a copyrighted work by the alleged infringer
  2. Ownership of a valid copyright by the copyright owner
46
Q

NBC commentators were describing a giant, inflatable balloon of Snoopy, the comic book character in the Macy’s Thanksgiving Day Parade. Just behind the Snoopy ballon, a band was playing a popular copyrighted song. The author of the song being played by the band was incensed that his song was used by NBC without his permission and he sued the network for copyright infringement. What was the outcome?

A

The use was held to be a fair use under the US Copyright Law.

47
Q

Most fair use cases turn out in favor the user, provided the user uses no mare than __% of the copyright owner’s work compared to the work work.

A

There is no percentage or magic number of notes that will qualify as fair use. Fair use is determine on a case-by case basis

48
Q

Satire

A

Involves the use of a copyrighted work in order to comment on or make fun of something other than the copyright work

49
Q

Under 504 (c)(1) what is the general range of statutory damages

A

$750-$30,000

50
Q

How much can the court increase statutory damages if an infringement defendant is guilty of willful conduct in committing the infringement

A

Up to $150,000

51
Q

A defendant used a plaintiff’s musical compositions in a musical revue performed at its casino hotel without permission. In addition to holding the defendant liable for direct profits, what else did the court do?

A

Awarded the plaintiff indirect profits from the casino and hotel due to increased patronage.

52
Q

In the case of US v. LaMacchia, the defendant David LaMacchia was a college student who created a website where people posted copies of copyrighted software. He didn’t create the website to make money. What did the court rule

A

Ruled that committing copyright infringement for non-commercial motives could not be prosecuted under criminal copyright law. The No Electronic Theft Act was a direct response. David LaMacchia was credited motivating Congress to pass the No Electronic Theft Act

53
Q

No Electronic Theft Act

A

Provides for criminal prosecution of individuals who engage in copyright infringement, even when there is no commercial benefit from the infringement.

54
Q

The Chace Act

A

Was passed to the US Copyright Act in 1891 to enable the President to extend copyright protection to works created in foreign countries if they, i turn, provide protection for American works.

55
Q

What international treaty covers works created in the US between 1955 and March 1, 1989?

A

The UCC (Universal Copyright Convention)

56
Q

2 of the most important of the minimum standards required by the Berne Convention

A
  1. Duration of copyright protection for life of the author, plus 50 years
  2. Fair use for education and news reporting
57
Q

A music file streamed from a website…..

A

is NOT a reproduction

58
Q

Blue Light Connection (BLC) is the local OSP for the rural area of Western Montana. BLC receives a letter from Hits Music in Nashville, complaining that Bill Jones is infringing on Hits Music’s copyright by uploading it in to flittering websites through the BLC Internet connection to which Bill subscribes. The President and owner of BLC comes to you and asks what he should do, because Bill is a violent type and if his Internet connection is disconnected, he may come tell at the BLC staff members. Your best advice is:

A
  1. Send a notice to Bill that an infringement claim has been made against him and if he does not respond, in 10 days his Internet will be disconnected
  2. Inform Bill that he can dispute the claim of Hits Music and stop the disconnection
59
Q

A restaurant comes up with an idea to increase its business on weeknights, promoting a dinner and a movie night on Wednesdays. Any customers that have dinner at the restaurant on Wednesday can watch a movie for o additional cost. Each wednesday, the restaurant plays a popular movie on a large screen beginning at 7pm. The restaurants DVDs of the movies it shows from Netflix.

A

The restaurant is infringing by exercising the public performance rights in the movies without permission of the copyright owners.

60
Q

An employee of Comcast creates a computer software program called Zap in 1999. Comcast holds off on releasing Zap until 2000. T or F: The copyright in Zap will expire in 2125?

A

False, the duration of a work made for hire is 95 years from publication or 120 years from creation, whichever is shorter. In this case, 95 years from publication is 2095.

61
Q

Skippy wrote the song “Green Christmas” in 1940, which was published that same year. The author died in 1989. A proper renewal was filed in 1968. When does the copyright expire?

A

1968+67=2035

62
Q

Jim Smith has written 30 songs over the past month and wants to register them with the Copyright Office. However, Jim doesn’t want to waste a lot of money on this and he thinks it would be great if he can register them all together. He asks one of his friends who is currently taking copyright law about this idea. Jim’s friend should advise him that in order to register his songs as a collection:

A
  1. The songs must be by the same author or at least one author must be common to each work
  2. The collection of songs must have a single title.
63
Q

When the Copyright Office examines a registration application….

A

it will NOT decide whether the ownership claim made in the application is actually valid.

64
Q

What is the proper copyright notice for a sound recording

A

(P) 2001 Confidential Records

-note the (P) not (C)

65
Q

In order to prove copyright infringement through indirect and circumstantial evidence, a copyright owner must prove what..

A

Both access and substantial similarity

66
Q

Joe Martin and Carol Smith wrote a song together, which they recorded as a duet. Joe died in 1999. Carol died on June 13, 2013. When does the copyright of the song expire?

A

70 years from the death of the last co-writer

-2013+70=2020. So December 31, 2020.

67
Q

Trade Secret

A

Defeats the purpose of registering this form of intellectual property.

68
Q

There were issues that encouraged English kinds to form an alliance with the collection of printers formed into the Stationery’s Company. What were they?

A
  1. Protection against religious heresy that the Stationer’s Company helped control.
  2. Political Dissent
69
Q

Which of the following is not a form of discovery?
A. Complaint
B. Interrogatory
C. Request for the production of documents or things.
D. Deposition

A

A. Complaint

70
Q

A writ of certiorari

A

The application for the US Supreme Court to hear a case. If an appellant files a motion for a writ of certiorari and its denied, the case is over.

71
Q

Paul wrote a great song in 1929 and transferred the song to a publisher that got the song cut in the same year. The song became a standard. The copyright in the song was renewed by Paul’s publisher in 1957. Paul wants to get the song back, so it can take care of his family after he’s gone. Paul or his heirs can terminate the transfer he made back in 1929 in what year?

A

1957 + 28= 1985

72
Q

What is a standard?

A

A popular song that is recorded over and over again year after year.

73
Q

The rate that the Harry Fox Agency charges what?

A

It’s for licensing and collecting mechanical royalties is 6.75%

74
Q

3 of the PRO’s main functions are

A
  1. Issuing the public performance licenses to venues
  2. Paying publishers and songwriters based on the number of performances of their music
  3. Monitoring the public performance of music
75
Q

Tim and Same were the best of friends. They wrote a number of songs together which were very successful. Tim died in 2005 and Sam died in 2012. When will their co-written songs enter the public domain?

A

2080 (Life of the last author to die, plus 70 years)

76
Q

The following 3 treaties are based on the concept of the National Treatment Principle

A
  1. The Universal Copyright Convention
  2. The North American Free Trade Agreement
  3. The General Agreement on Trade and Tariffs
77
Q

One of the provisions under the General Agreement on Trade and Tariffs requires what?

A

Member countries to enact copyright laws the give effect to the substantive provisions of the Berne Convention
-it provides for a practical international enforcement system for intellectual property rights, which has been a major weakness among all of the other multinational tactics. Referred to as TRIPS

78
Q

3 most important issues addressed by the DMCA

A
  1. Anti- piracy provisions
  2. Rules for web casters
  3. The limitation on liability for online service providers.
79
Q

Who were the direct infringers in the Napster case?

A

The Napster users

80
Q

If a company distributes filesharing software that has non-infringing uses and the company does no actively market or advertise it for infringing uses, what happens?

A

It is unlikely that it would be liable for infringements committed by users of its software.

Terminate transfer- 35 from transfer or 40 from creation

81
Q

When must you request a compulsory mechanical license?

A

To obtain a compulsory mechanical license, you must request the license from the publisher with 30 DAYS of recording the song and before you distribute the song publicly.

Copyright Law (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions