Statutes

Question 1

§102(a)

Answer 1

Eight categories of protected works

Question 2

§102(b)

Answer 2

“In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.”

(Idea/expression distinction)

Question 3

§201(a)

Answer 3

Sole and joint authorship

Question 4

§201(b)

Answer 4

Works for hire

Question 5

§201(c)

Answer 5

Contributions to collective works (see Tasini)

Question 6

§203

Answer 6

Termination (after 1978): 5-year window 35 years after assignment, must notify 2-5 yrs before

Question 7

§304

Answer 7

Double window termination for works transferred before 1978: 5-year window 26 years after publication, another 75 years after

Question 8

§106

Answer 8

Exclusive rights:

(1) reproduction
(2) derivative works
(3) distribution (sale, lending, or rental)
(4) public performance (doesn’t include sound recordings)
(5) public display
(6) public performance by digital audio transmission (sound recordings) (transmit clause)

Question 9

§107

Answer 9

Fair use

Question 10

§106A

Answer 10

VARA

Question 11

§104(d)(3)

Answer 11

Author of work derivative of work restored under TRIPS to keep doing it if they pay the author

Question 12

§103(a)

Answer 12

no protection for parts of work in which preexisting work is used unlawfully

Question 13

§109(a)

Answer 13

first sale doctrine

Question 14

§109(b)(1)(A)

Answer 14

first sale exception: can’t commercially lend sound recordings or computer programs

Question 15

§602(a)

Answer 15

importation

Question 16

§110

Answer 16

Exceptions to public performance/display/transmission:

(1) live classroom
(2) distance learning (mostly ineffective)
(3) religious materials
(4) nonprofit
(5) (A) homestyle (living room tech)
(5) (B) FMLA

109(c): real space displays

Question 17

§512

Answer 17

Safe harbor

(a) ISPs exempt if don’t select what is sent, recipient, or modify en route
(b) no liability for passive caching
(c) OSP exempt if no actual or constructive knowledge, don’t get direct financial benefit (greater control), take things down expeditiously on notice
(d) search engines exempt if notice and takedown
(f) penalties for abusive notice and takedown
(i) duty to terminate repeat infringers, accommodate tech measures
(m) no duty to monitor

Question 18

DMCA §1201

Answer 18

access controls

(a) (1)(A): anti-circumvention
(a) (2): anti-trafficking
- (A) primarily designed for circumvention
- (B) limited purpose/use besides circumvention
- (C) marketed with knowledge for circumvention

Question 19

DMCA §1202

Answer 19

Copy controls – (b)(1) has same prongs as anti-trafficking in anti-circumvention

Question 20

§504(b)

Answer 20

Actual damages and defendant’s profits

Question 21

§504(c)

Answer 21

Statutory damages:
750-30,000 default
750-150,000 willful
200-30,000 innocent

Question 22

§505

Answer 22

Court costs, attorney’s fees

Question 23

§412

Answer 23

Timely registration required for attorney’s fees

Question 24

§502(a)

Answer 24

Injunctions

Question 25

§503

Answer 25

Impounding and destruction

Question 26

§506

Answer 26

Criminal offenses: must be willful, commercial (or the owner was about to go commercial). Also includes fraudulent notice and fraudulent removal of notice.