Ownership of Copyright

Question 1

True/False: copyright can be owned by one or more people

Answer 1

true

Question 2

True/False: you cannot transfer ownership of copyright from one person to another

Answer 2

false

Question 3

Who originally owns the copyright of a work?

Answer 3

the creator of the work

Question 4

What is the transfer of a copyright called?

Answer 4

an assignment

Question 5

True/False: it is common for multiple people to own a copyright

Answer 5

true

Question 6

What is a joint work?

Answer 6

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

Question 7

What are the requirements for joint ownership?

Answer 7

1. intent

2. copyrightability

Question 8

True/False: authors must be together at the same time and place and know each other to be joint owners

Answer 8

false

Question 9

True/False: in joint works, contributions of authors must be equal

Answer 9

false

Question 10

True/False: Joint owners can authorize other to use their work without the other’s consent, but must give other author share of profit

Answer 10

true

Question 11

What is work for hire?

Answer 11

employer gets all the rights to copyrighted work and employee gets salary

Question 12

What are the two categories for work for hire works?

Answer 12

1. works prepared by employees within scope of work

2. specifically ordered or commissioned works (9 types)

Question 13

What are the two most common types of copyright transfers?

Answer 13

1. assignments

2. licenses

Question 14

What is an assignment?

Answer 14

when a copyright owner transfers all or part of its ownership interest in a copyrighted work

Question 15

what is an exclusive license?

Answer 15

when a copyright owner transfers one or more of its exclusive rights but retains one or more rights as well

Question 16

What is the writing requirement?

Answer 16

for valid copyright ownership transfer, must have transfer document in writing signed by owner specifying date and what is being transferred

Question 17

How do you record a copyright transfer?

Answer 17

copyright office

Question 18

Who has priority in copyright transfer?

Answer 18

the initial transfer

Question 19

What is the rationale for termination rights?

Answer 19

protect authors from transfers that turn out to be bad deals for the author

Question 20

True/False: renewal right can be waived by the author

Answer 20

false

Question 21

True/False: termination can be exercised by the author or the author’s successors

Answer 21

true

Question 22

What are the biggest reasons people don’t terminate?

Answer 22

1. forget

2. can’t track down owner

Question 23

When can termination be exercised?

Answer 23

between 35-40 years of transfer

Question 24

How do you exercise termination right?

Answer 24

1. written notice

2. send notice between 2-10 years of termination date

Question 25

What happens after termination?

Answer 25

copyright reverts back to author or author’s successors

Question 26

True/False: you can assign new transferee before termination becomes effective

Answer 26

false

Question 27

What is the derivate works exception?

Answer 27

existing licenses stay in effect

Question 28

What are orphan copyrights?

Answer 28

works that are difficult or even impossible to determine whether it is still copyright protected and who the current copyright holder is