Intellectual Property

Question 1

Title 17 USC

Answer 1

United States Code that outlines United States copyright law; codified into positive law on July 30, 1947; latest version is from December 2016

Question 2

LOA + 70

Answer 2

for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years

Question 3

Copyright

Answer 3

type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression

Question 4

De minimis standard

Answer 4

legal term meaning too small to be meaningful or taken into consideration; immaterial

Question 5

Fixation

Answer 5

in order for a work to be protectable, it must be fixed in a tangible medium of expression; work is considered fixed when it is stored on some medium in which it can be perceived, reproduced, or otherwise communicated

Question 6

Idea/expression dichotomy

Answer 6

limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea

Question 7

Derivative work

Answer 7

expressive creation that includes major copyrightable elements of an original, previously created first work; derivative work becomes a second, separate work independent in form from the first

Question 8

4 steps to knowing whether a work is derivative

Answer 8

1.) unlawful use of preexisting material
2.) consent of underlying work’s author
3.) is used through the entire work
4.) can separate out infringing material

Question 9

Performance rights

Answer 9

the right to perform music in public

Question 10

Assignment

Answer 10

transfer of copyright ownership rights from one party to another

Question 11

License

Answer 11

gives a person or entity (“licensee”) the authorization to use a work from the copyright owner, usually in exchange for payment; may be exclusive or nonexclusive, and the rights that come with them vary according to the specifics of each license

Question 12

Recordation

Answer 12

official filing in the Copyright Office of a document having to do with copyright, such as a transfer of ownership or a grant of a security interest

Question 13

Registration

Answer 13

makes a public record of the basic facts of a particular copyright

Question 14

Reciprocity

Answer 14

mutual exchange of privileges between states, nations, businesses, or individuals for commercial or diplomatic purposes

Question 15

Recapture

Answer 15

if an author dies before copyright renewal time arrives, certain statutory successors (generally, the author’s family, executor or next of kin) are entitled to recapture his or her copyright for the extended term; heirs can recapture up to 67 years

Question 16

SR

Answer 16

form that should be used when the copyright claim is limited to the sound recording itself, and it may also be used where the same copyright claimant is seeking simultaneous registration of the underlying musical, dramatic, or literary work embodied in the phonorecord

Question 17

USPTO

Answer 17

United States Patent and Trademark Office; federal agency for granting U.S. patents and registering trademarks