Ownership of Copyright Flashcards
True/False: copyright can be owned by one or more people
true
True/False: you cannot transfer ownership of copyright from one person to another
false
Who originally owns the copyright of a work?
the creator of the work
What is the transfer of a copyright called?
an assignment
True/False: it is common for multiple people to own a copyright
true
What is a joint work?
a work prepared by two or more authors with the intension that their contributions be merged into inseparable or interdependent parts of a unitary whole
What are the requirements for joint ownership?
- intent
2. copyrightability
True/False: authors must be together at the same time and place and know each other to be joint owners
false
True/False: in joint works, contributions of authors must be equal
false
True/False: Joint owners can authorize other to use their work without the other’s consent, but must give other author share of profit
true
What is work for hire?
employer gets all the rights to copyrighted work and employee gets salary
What are the two categories for work for hire works?
- works prepared by employees within scope of work
2. specifically ordered or commissioned works (9 types)
What are the two most common types of copyright transfers?
- assignments
2. licenses
What is an assignment?
when a copyright owner transfers all or part of its ownership interest in a copyrighted work
what is an exclusive license?
when a copyright owner transfers one or more of its exclusive rights but retains one or more rights as well
What is the writing requirement?
for valid copyright ownership transfer, must have transfer document in writing signed by owner specifying date and what is being transferred
How do you record a copyright transfer?
copyright office
Who has priority in copyright transfer?
the initial transfer
What is the rationale for termination rights?
protect authors from transfers that turn out to be bad deals for the author
True/False: renewal right can be waived by the author
false
True/False: termination can be exercised by the author or the author’s successors
true
What are the biggest reasons people don’t terminate?
- forget
2. can’t track down owner
When can termination be exercised?
between 35-40 years of transfer
How do you exercise termination right?
- written notice
2. send notice between 2-10 years of termination date
What happens after termination?
copyright reverts back to author or author’s successors
True/False: you can assign new transferee before termination becomes effective
false
What is the derivate works exception?
existing licenses stay in effect
What are orphan copyrights?
works that are difficult or even impossible to determine whether it is still copyright protected and who the current copyright holder is
