The Derivative and Distribution Rights Flashcards
what is the derivative right?
the right to adapt or revise a copyrighted work
What is a derivative work?
a work that takes an existing work and adapts it in some way to create a new work
True/False: Arrangements are not protected by copyright
false
What are the requirements to constitute a derivative work?
- must borrow from another work
2. must recast, transform, or adapt the work
True/False: you must obtain a license to use an existing work
true
What are some different types of derivative works?
- editorial revisions
- fictionalizations
- dramatizations
- translations to new languages
- translations to new medium
- abridgments and condensations
What does copyright law protect in a derivative work?
only the original material contributed by the author of the derivative work
If you make a derivative work based on a PD work, is a derivative work copyrightable?
yes, the author of the derivative work will have copyright ownership over their work
Are arrangements copyrightable?
Yes, but usually not original enough to be copyrightable
What is a remix?
taking apart the sounds of a single recording and reassembling them to create a new recording of the original
What is a mashup?
a collage of multiple sound recordings combined to create a single recording
What are two common types of derivative sound recordings?
- remix
2. mashup
What does the distribution right cover?
- sale of a work
2. all forms of transfer
What is record piracy?
reproducing copyrighted sound recordings and distributing the unauthorized phonorecords
What are the penalties for piracy?
$150,000 per infringement, can also go to jail
