Intellectual Property - Copyright Flashcards
What is a nonrivalrous resource?
A resource whose use does not interfere with the use by others.
What is a nonexcludable resource?
A resource that is difficult to prevent people from using.
What is the assertion regarding acquisition by creation?
If you create something first in time, it is yours to exploit due to the expenditure of labor and money.
What was the issue in International News Service v. Associated Press?
Whether a news organization has a quasi-property right in the news it gathers.
What rule was established in International News Service v. Associated Press?
News as a business commodity can be protected from misappropriation by competitors.
What are the three elements of a misappropriation claim?
- Substantial investment in creating or gathering the protected subject matter
- Competitive use by the defendant that appropriates that subject matter
- Commercial injury to the plaintiff from the defendant’s conduct
What does copyright protect?
Artistic or other creative expression, specifically original works of authorship fixed in a tangible medium.
What are the exclusive rights of a copyright owner under 17 U.S.C. § 106?
- Reproduction of the work
- Preparation of derivative works
- Distribution of copies
- Public performance
- Public display
- Public performance by digital audio transmission
What does the Copyright Act of 1976 state about copyright duration for works created after January 1, 1978?
Copyright endures for the author’s life plus 70 years.
What is the fair use doctrine?
Allows borrowing of a creative work without harm to the original creator.
What are the four factors to consider under the fair use doctrine?
- Purpose and character of the use
- Nature of the copyrighted work
- Amount and substantiality of the portion used
- Effect of the use on the market value
What is originality in copyright law?
The work must be an independent creation of the author and demonstrate minimal creativity.
What types of works are considered works of authorship under copyright law?
- Literary works
- Musical works
- Dramatic works
- Pantomimes and choreographic works
- Pictorial, graphic, and sculptural works
- Motion pictures and audiovisual works
- Sound recordings
- Architectural works
What is fixation in copyright law?
The work must be fixed in a tangible medium of expression.
What was the ruling in First Publications, Inc. v. Rural Telephone Service Co. regarding originality?
Originality is required for copyright; facts cannot be copyrighted, but compilations of facts can if sufficiently original.
What does the government edicts doctrine state?
Government documents cannot be copyrighted because they belong to the public, not the creators.
What is the primary issue in Walker v. Time Life Films, Inc.?
Whether copyright infringement applies when the general level of facts is the same between a book and a movie.
What defines copyright infringement?
Something that is substantially similar to another’s work.
What remedies are available for copyright infringement?
- Injunctions restraining further infringement
- Damages (actual damages plus profits or statutory damages)
- Attorneys’ fees and costs
Fill in the blank: Under copyright law, _______ cannot be copyrighted.
facts
Fill in the blank: The Copyright Act of 1976 protects works created after January 1, 1978 for the life of the author plus _______ years.
70
