What is Copyright Law? Flashcards
What significance did the Gutenberg Bible have in copyright law?
The Gutenberg Bible was the first copied book on a printing press, allowing for mass production of books/works. 14th century.
What is the Statute of Anne?
The first copyright statute written into English law in 1710.
What are the 3 terms of the Statute of Anne? What does it protect against?
- Protects original works
- Infringement & damages - can sue
- Register of copyrights
What is significant about the Revolutionary War in copyright law?
When American declared freedom against the English Monarchy, they included a section in the Constitution on copyright law that mirrored the Statute of Anne.
When was the first US copyright law and what did it include?
1790; protected books and maps; established term of copyright (14yrs. + 14yrs. renewal); protected against infringement.
When was music first protected by copyright law and what was the term?
1831; 28 yrs. + 14yrs. renewal
When were photographs first protected by copyright law?
1865 (Matthew Brady)
What happened in 1909?
Term extended to 28yrs. + 28yrs. renewal
Why is education exempt from royalties?
benefit to learn; US emphasizes importance of education
What is trisona?
under copyright law, arrangers must pay a royalty when their arrangements are played in a symphonic setting
What are grand rights used for?
broadway productions
What are small rights used for?
tv & radio production
How did Napster influence how we listen to music?
created online streaming and made people believe music should be free
What are most infringement cases caused by?
lyrics
What is copyright?
a form of property ownership for certain types of artistic and creative works
How is copyright defined?
a way that the law gives creators and owners of creative works the right to control and profit from the use of their creations.
What types of works are protected by copyright?
- songs
- sound recordings
- movies
- television shows
- plays
- dance routines
- books
- poems
- photographs
- paintings
- sculpture
- computer games
- websites
2 categories of property:
- real property (protects land)
2. personal property (everything else)
What is intellectual property?
protects certain products of the mind and affords ownership rights to things that have no physical existence
What are the 3 main categories of intellectual property?
- copyrights
- patents
- trademarks
Why is it difficult for people to understand intangible property?
harder to visualize and cannot be possessed
What does property refer to?
the right to use and control it
True/False: copyrighted works are separate pieces of property from any tangible product they are embodied in
True
True/False: copyright is easily infringed upon
True
What are the exclusive rights granted to the owner of the copyright?
- reproduce
- adapt
- distribute
- publicly perform
- publicly display
What does a license do?
grants permission to use a copyrighted work, including how it may be used and what compensation will be paid
What is a royalty?
payment given for use of copyrighted work; percentage of the price paid for use
What are the justifications for copyright?
- considerations of privacy
- author should have control of their work and how it is used
- economic
What is fair use?
allows people to use copyrighted works without permission and without paying for their use in certain circumstances.
What is author’s right philosophy?
author is believed to be morally entitled to control and exploit the products of the authors intellect. right to be credited as author and prevent the work from being changed substantially.
Who was author’s right philosophy’s biggest advocate?
John Locke
What is the utilitarian philosophy?
encourage the widest possible production and availability of artist works. assumes that authors will only invest sufficient resources in creating and and publishing with incentives (ownership + profit)
True/False: copyright is not a limited monopoly
False
What are the limitations of copyright?
- Limited to original works of authorship
- Protects expression of idea, not simple ideas
- Certain uses are permitted without the author’s permission
What philosophy is American copyright based off of?
utilitarian philosophy
True/False: the US has a surplus trade balance in copyrighted works
True
What are 2 primary motivating factors for the 20-year copyright extension?
- preserve valuable copyrights
2. bring term of American copyright in line with many European countries
What does a patent protect?
protects certain inventions, discoveries and product designs. greatest degree of protection. lasts 20 years.
What is a trademark?
any word, name, symbol or device used to identify products or services and distinguish them from those manufactured or sold by others.
What does a trademark protect?
protects names, designs, logos, slogans, symbols, colors, packaging, containers and any other mark used by a business to protect their goods services; indefinitely long
What is a trade secret?
business information kept secret that gives the business a competitive advantage; includes designs, devices, processes, databases, computer programs, formulas, recipes, customer lists, business plans
True/False: intellectual property is just as important as physical commodities
False; it is more important.
True/False: copyright is a federal law
true
Where is copyright held?
office for public knowledge
What are three examples of fair use?
- news reporting
- education
- commentary
