What Can Be Protected by Copyright? Flashcards
Where can copyright be found in US Law?
Title 17
Who holds the copyright over sound recordings?
Record Label
What are the requirements for copyright?
- originality
- expression
- fixation
What is originality?
a work as been independently created by its authors rather than copied from another work; must possess some degree of creativity
True/False: work does not have to be creative
False
True/False: originality is a common source of confusion
True
Is originality defined in the Copyright Act?
No
Describe ZZ Top vs. Chrysler Corp.
ZZ top sued Chrysler over its use of a distinctive guitar riff from their song. Chrysler claim similar to other earlier songs. ZZ Top was sufficiently original and thus protected by copyright.
True/False: Does copyright law protect an idea?
False
What are some uncopyrightable elements in literary works?
plot, stock characters, setting
What are some uncopyrightable elements in visual works?
colors, shapes
What are some uncopyrightable elements in songs?
theme, individual words, individual notes, short musical phrases, rhythm, harmony
What is fixation?
in a tangible medium of expression that is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration
What are phonorecords?
material objects in which sounds are perceived or reproduced; all types of recordings
What are copies?
any material object other than a phonorecord
What are two types of material objects that copyrighted works can be fixed in?
- phonorecords
2. copies
Why do they use the terminology “now know or later developed”?
include fixation in media brought about by technological advances
What are the categories of copyrightable works?
- literary works
- musical works
- Dramatic works
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
True/False: can a work fit into more than one copyrightable category?
True
What is a musical work?
consists of a combination of melody, harmony and rhythm
If a person copies only the music or only the lyrics of a composition, will he be liable for infringement of the work to the same extent as if he had copied both the music and the lyrics?
Yes
True/False: Lyrics are not copyrightable?
False
Are short musical phrases always expression?
No, they may be held as ideas
How many notes are sufficient for copyright?
2 notes
What is the “six-bar rule”?
A common misconception by musicians that any melody less than six bars is not copyrightable; in reality, no limit to how many bars are necessary
True/False: Harmony is never copyrightable?
True
Do rhythms typically receive copyright protection?
No
What is a sound recording?
works that result from the fixation of a series of musical, spoken, or other sounds, regardless from the material object from which they are embodied
Does the sound recording copyright cover the rendition or performance of the composition or the composition itself?
rendition or performance of the composition
Are sound recordings fixed before Feb. 15, 1972 protected by federal law?
no, but may be protected by state statutory and common law
What is a literary work?
works, other than audiovisual works, expressed in words, numbers, and other verbal or numerical symbols or indicia, regardless of teh natural of the material objects
What is copyright protection based on for literary works?
arrangement of words that author uses to express ideas
What is a dramatic work?
tells a story through action, dialog and narration
What are pantomimes and choreographic works?
works expressed by movement or physical attitudes and are usually fixed on videotape or film
What are pictorial, graphic and sculptural works?
2-D and 3-D works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans
What are audiovisual works?
works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers or electronic equipment, together with accompanying sounds if any regardless of the nature of the material objects, such as films or tapes in which the works are embodied
What are motion pictures?
audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any
What is a motion picture soundtrack?
all the sounds that are part of the film
What is a sound recording?
sounds accompanying a motion picture or other audiovisual work
What are compilations?
works formed by the collection and assembling of preexisting material or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship
What are the two rules of compilation?
- extends only to the material contributed by the author of such work
- no copyright if uses preexisting work unlawfully
What are the elements required to be a compilation?
- collection and assembly of pre-existing material, facts, or data
- selection, coordination, and arrangement of those materials
- creation, through the selection, coordination, and arrangement, of an original work of authorship
What is a collective work?
a type of compilation; a work in which a number of contributions, constituting separate and independent works themselves are assembled into a collective whole
What is not protected by copyright?
- public domain
- ideas
- facts
- names, titles, slogans, short phrases
- Unfixed works
- Works of the US Government
How does a composer exercise creativity in chords?
mood, feel, sound
What is rhythm?
general beat composition follows
When were sound recordings included?
1972
True/False: there is no difference between the underlying musical work and the sound recording of that work
False
