Test 1 (1-4) Flashcards

Question

Copyright limitations

Answer 1

- Original works of authorship - Protects only expression, not ideas - Certain uses of copyrighted works are permitted without the copyright owners consent

Answer 2

That is does not really provide much incentive for authors to create

Answer 3

Providing sufficient incentives to authors to create works while assuring that the public can have access to those works

Answer 4

To assure the greatest possible production and availability of creative works

Answer 5

The utilitarian philosophy

Answer 6

US- profits are the just reward | Other- profits should be shared within society

Answer 7

1. To preserve many valuable copyrights (Mickey Mouse-about to expire) 2. To bring the term of American copyright protection in line with many European countries

Answer 8

Provides protection for inventions, discoveries, and product designs. Must be novel and non obvious. Greatest protection- lasts only 20 years

Answer 9

Any word, name, symbol, or device or any combination used to identify products or services. Intended to benefit the public by preventing customers from being misled or confused as to the source of goods and services

Answer 10

Any business information that is kept secret and gives a business a competitive advantage

Answer 11

Intellectual property

Answer 12

To accomodate technological advances while still guaranteeing that creators and producers have the right to control and profit from the use of their creations

Answer 13

Johannes Gutenberg created the printing press-more literary works were made available (printing press=internet)

Answer 14

Origins were made to prevent political dissent. Licensing Act was passed

Answer 15

Required that anyone who wanted to publish written works must first obtain license

Answer 16

A publishing monopoly by a group of English printers and booksellers

Answer 17

Revised licensing act- required all books to be registered with the Stationer's Company- recorded who owned the "copy-right"- right to print copies of the work. Censorship rather than protection

Answer 18

Licensing act expired- Stationer's Company had competition from new printers- resulted in 1st copyright statue

Answer 19

Gave ownership rights to authors

Answer 20

1710- an act for the encouragement of learning, by vesting the copies of printed books in authors or purchasers of such copies, during the times mentioned - authors received 14 year term of copyright with 14 year term if the author was still alive - confirmed the Stationer's rights in their existing books for 21 years and granted protection in new works to authors - had to register the title of the book with Stationer's company before publishing - limited and applied solely to printing and selling books - did not protect musical works

Answer 21

The Victoria Statutes recognized the copyright ability of music in England

Answer 22

England's Statue of Anne

Answer 23

Noah Webster & Thomas Paine

Answer 24

1st copyright statute passed by Connecticut. 12 of 13 colonies had its own copyright laws- so they need to consolidate

Answer 25

Article 1 Section 8 Clause 8 of the constitution gave rights to authors and investors for their works for a limited time

Answer 26

1. To promote the creation and dissemination of creative works to the public 2. Rewarding authors for creations in secondary purpose, to encourage them to continue to create new works.

Answer 27

Passed the first American copyright statute- based on Statute of Anne and signed by George Washington. - limited to books, maps, and charts - provided initial 14 years, max of 28 in protection

Answer 28

First revision of act took place - changed the initial term for copyright protection to 28 years- to make the Americans protection same as foreign authors - allowed the renewal right to pass to the author's widow or children if the author wasn't alive at the end of initial term - included musical compositions, but not public performance (until 1897)

Answer 29

Roosevelt called for a complete revision of the act in order to bring it in line with technological advances

Answer 30

Instead of individually saying what was protected, all writings of an author is protected-writing included any creative works of the mind-fruits of intellectual labor - renewal period of 28 years, max 56 - protected only published works - non published were protected by court decisions (common law) - created a compulsory mechanical license - 2 cent royalty to be paid to the copyright owner for each record containing the song

Answer 31

Failed to bring American copyright law in line with the terms required to join the main international copyright treaty

Answer 32

To reproduce and distribute sound recordings of musical compositions

Answer 33

License required to record a copyrighted song | -sound recordings were NOT protected, but amendment was made to protect this.

Answer 34

Changes made (9): Protection-automatically begins when fixed in tangible form Preemption-no longer any common law copyright for unpublished works Subject matter- any original works of authorship can be protected Ownership- copyright owner can transfer less than its full ownership-can be shared and split Duration-life of author plus 50 years, life of author plus 70 years Termination Right-allows authors to terminate transfers of copyright ownership and regain full ownership Formalities- copyright notice required for published works. registration and recordation of copyright transfers Fair Use- broadcast exception- use without permission in certain circumstances Compulsory License- allows use of copyrighted works with certain procedures and payment of fees -been amended over 30 times

Answer 35

Each member country agreed to give foreign works the same degree of protection as its laws provided for domestic works -US joined in 1989

Answer 36

Books, magazines, newspapers, scripts, speeches, personal and business correspondence, email, computer programs, product packaging, musical compositions with or without lyrics, sound recordings, motion pictures, videos, photographs, paintings, drawings and sculptures. -no judgement made on piece

Answer 37

1. Originality 2. Expression 3. Fixation

Answer 38

When work has been independently created by its author - doesn't require any novelty, ingenuity, or aesthetic merit - Minimal required creativity

Answer 39

Works must contain some original expression of the author, not just ideas. Ideas can't be protected but the author's original way of expressing ideas can

Answer 40

All copyrightable material must be fixed in a tangible form (song on a CD) -if not available in tangible form, very difficult to prove existence

Answer 41

1. Copies- sheet music, books, periodicals | 2. Phonorecords- mp3, CD, cassette tapes, digital audio tapes

Answer 42

-Literary- how words are arranged (novels, magazines, poems, data) -Musical- combination of melody, harmony and rhythm in a fixed medium. -Dramatic-tell a story through action, dialog, and narration (may include music) -Pantomimes and choreographic- movement and dance, usually on video tapes and films. Simple is not copyrightable -Pictorial, graphic, and sculptural works- works of fine, graphic and applied art -Motion pictures and other individual works- movies, music videos, motion picture sound tracks -Sound recordings- a fixation of a series of musical , spoken or other sounds -Architectural works

Answer 43

Lyrics- must contain original expression. No protection for short and simple phrases Melody- a pleasing succession or arrangement of sounds and notes-some short phrases are help to be ideas, so they are copyrightable Harmony- structure and relation of chords- rarely on its own sufficient material for copyright Rhythm-beat that a musical composition follows- rarely on its own material

Answer 44

any melody that lasts for less than 6 bars is not copyrightable

Answer 45

Can be fixed in written or recorded notations. Sound recordings can have different authors (vocalist, musician, director, producer, and engineer). Only protects against the actual copying of the recorded sounds, not against the imitation of the sounds.

Answer 46

Special types of work that overlap the categories of copyrightable works. Based on preexisting material.

Answer 47

1. Collection and assembly of preexisting material, facts or data 2. Selection, coordination and arrangement of materials 3. Creation, through the selection, coordination, and arrangement of an original work of authorship

Answer 48

Is a type of compilation-a compilation of copyrighted works

Answer 49

- Public Domain- not owned by anyone - Ideas versus Expression- would inhibit authorship rather than encourage it - Facts- authors don't create facts, they're discovered - Names, Titles, Slogans and short phrases-may receive protection under trademark law - Unfixed works- any work not fixed in tangible isn't protected - Works of the US Gov- only applies to federal gov, can have copyrights transferred to them but not created

Answer 50

Yes, from one to another

Answer 51

They receive a contractual right to receive income from the uses of their works. Usually has to transfer their work to the publishers in order to have their work commercially exploited

Answer 52

No, you own the CD but not the songs on it

Answer 53

Arises from and begins upon creation, automatically protected the moment it's created-not by registration

Answer 54

Copyright ownership may be split among several parties. It is a work prepared by 2 or more authors with the intention that their contributions be merged into inseparable or interdependent parts. (interdependent-music and song lyrics)

Answer 55

1. Two or more authors must contribute to the creation 2. Each of the co-authors must make his contribution with the intention that the contributions be combined to form a single work

Answer 56

Authors must intend to combine their contributions into a unitary whole- intent must exist at the time their contributions. Authors do not have to be together or know each other as long as they have the intent Exception: author writes aa poem and then later another person writes accompany music

Answer 57

one must contribute some original expression that would be copyrightable on its own-each must contribute copyrightable authorship in order to have a joint work. Contributor can still be a co-owner of the resulting work's copyright. Must be independent but does NOT have to be equal

Answer 58

Co-owners can agree to ownership rules as long as it's in writing. If they don't agree in writing then the copyright act rules apply.

Answer 59

Joint authors are co-owners of the work. Each author owns a equal share of entire work, regardless of contribution.

Answer 60

Each joint owner has the right to use the work or authorize others to use the work. Applies regardless of whether the authorizing author has consent of other author EXCEPTION: joint owner can't grant an exclusive license, would prevent the other co-owner from granting licenses

Answer 61

Required to account to co-owners for their share of any profits from use. Unless specified other than writing, each co-owner must share any income generated by a jointly owned work

Answer 62

Solution: co-authors have a written collaboration agreement for any co-written songs.

Answer 63

9 states have community property laws- what's owned by the wife is owned by the husband

Answer 64

Allows an author or copyright owner hold complete individual ownership of copyrighted works

Answer 65

1. Works prepared by employees within the scope of employment - if employee creates a copyrightable work as a part of their job, the employer will own the copyright to the work 2. Specially Ordered or Commissioned Works - are created when the hiring party is the motivating factor in the creation of the work - can be works made for hire if collection work, part of motion picture, translation, supplementary work, compilation, instructional text, test, answer material for a test, atlas

Answer 66

If the party on whose behalf the work is performed has the right to control the manner and means by which the work is performed

Answer 67

1. Assignments-transfers all or part of its interest in a copyrighted work 2. Exclusive licenses- transfers one or more of its exclusive right but retains one or more rights as well - nonexclusive rights do not involve a transfer of ownership

Answer 68

1909- copyright owner's interest could not be divided | 1976- changed this rule making copyright ownership divisible

Answer 69

Transfers must be written, nonexclusive licenses do not have to be written . Must include: signed by owner of rights, specify the particular rights being transferred, who is acquiring the rights, duration of transfer, (ALWAYS) whether it's exclusive or nonexclusive

Answer 70

Any document pertaining to a copyright can be filed in the copyright office, found on their website, and available for public inspection

Answer 71

Anyone who has contributed original expression to the creation of a recording would legally be considered an author -considered works made for hire

Answer 72

The copyright owner cannot be located or contacted | -Canada is the only country that has implemented a law covering this

Test 1 (1-4) Flashcards

(97 cards)