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Copyright Law > What Can Be Protected by Copyright? > Flashcards

What Can Be Protected by Copyright? Flashcards

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1
Q

Where can copyright be found in US Law?

A

Title 17

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2
Q

Who holds the copyright over sound recordings?

A

Record Label

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3
Q

What are the requirements for copyright?

A
  1. originality
  2. expression
  3. fixation
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4
Q

What is originality?

A

a work as been independently created by its authors rather than copied from another work; must possess some degree of creativity

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5
Q

True/False: work does not have to be creative

A

False

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6
Q

True/False: originality is a common source of confusion

A

True

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7
Q

Is originality defined in the Copyright Act?

A

No

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8
Q

Describe ZZ Top vs. Chrysler Corp.

A

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.

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9
Q

True/False: Does copyright law protect an idea?

A

False

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10
Q

What are some uncopyrightable elements in literary works?

A

plot, stock characters, setting

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11
Q

What are some uncopyrightable elements in visual works?

A

colors, shapes

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12
Q

What are some uncopyrightable elements in songs?

A

theme, individual words, individual notes, short musical phrases, rhythm, harmony

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13
Q

What is fixation?

A

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

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14
Q

What are phonorecords?

A

material objects in which sounds are perceived or reproduced; all types of recordings

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15
Q

What are copies?

A

any material object other than a phonorecord

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16
Q

What are two types of material objects that copyrighted works can be fixed in?

A
  1. phonorecords

2. copies

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17
Q

Why do they use the terminology “now know or later developed”?

A

include fixation in media brought about by technological advances

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18
Q

What are the categories of copyrightable works?

A
  1. literary works
  2. musical works
  3. Dramatic works
  4. pantomimes and choreographic works
  5. pictorial, graphic, and sculptural works
  6. motion pictures and other audiovisual works
  7. sound recordings
  8. architectural works
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19
Q

True/False: can a work fit into more than one copyrightable category?

A

True

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20
Q

What is a musical work?

A

consists of a combination of melody, harmony and rhythm

21
Q

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?

A

Yes

22
Q

True/False: Lyrics are not copyrightable?

A

False

23
Q

Are short musical phrases always expression?

A

No, they may be held as ideas

24
Q

How many notes are sufficient for copyright?

A

2 notes

25
Q

What is the “six-bar rule”?

A

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

26
Q

True/False: Harmony is never copyrightable?

A

True

27
Q

Do rhythms typically receive copyright protection?

A

No

28
Q

What is a sound recording?

A

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

29
Q

Does the sound recording copyright cover the rendition or performance of the composition or the composition itself?

A

rendition or performance of the composition

30
Q

Are sound recordings fixed before Feb. 15, 1972 protected by federal law?

A

no, but may be protected by state statutory and common law

31
Q

What is a literary work?

A

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

32
Q

What is copyright protection based on for literary works?

A

arrangement of words that author uses to express ideas

33
Q

What is a dramatic work?

A

tells a story through action, dialog and narration

34
Q

What are pantomimes and choreographic works?

A

works expressed by movement or physical attitudes and are usually fixed on videotape or film

35
Q

What are pictorial, graphic and sculptural works?

A

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

36
Q

What are audiovisual works?

A

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

37
Q

What are motion pictures?

A

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

38
Q

What is a motion picture soundtrack?

A

all the sounds that are part of the film

39
Q

What is a sound recording?

A

sounds accompanying a motion picture or other audiovisual work

40
Q

What are compilations?

A

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

41
Q

What are the two rules of compilation?

A
  1. extends only to the material contributed by the author of such work
  2. no copyright if uses preexisting work unlawfully
42
Q

What are the elements required to be a compilation?

A
  1. collection and assembly of pre-existing material, facts, or data
  2. selection, coordination, and arrangement of those materials
  3. creation, through the selection, coordination, and arrangement, of an original work of authorship
43
Q

What is a collective work?

A

a type of compilation; a work in which a number of contributions, constituting separate and independent works themselves are assembled into a collective whole

44
Q

What is not protected by copyright?

A
  1. public domain
  2. ideas
  3. facts
  4. names, titles, slogans, short phrases
  5. Unfixed works
  6. Works of the US Government
45
Q

How does a composer exercise creativity in chords?

A

mood, feel, sound

46
Q

What is rhythm?

A

general beat composition follows

47
Q

When were sound recordings included?

A

1972

48
Q

True/False: there is no difference between the underlying musical work and the sound recording of that work

A

False

Copyright Law (7 decks)

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