Copyright Flashcards
(32 cards)
What is copyright?
A form of property ownership that gives creators control and profit over their creative works.
What types of works are protected by copyright?
Books, music, movies, art, software—anything original and fixed in a tangible medium.
When does copyright protection begin?
Automatically when the work is created and fixed in a tangible medium.
How long does copyright last for individual authors?
Life of the author + 70 years.
How long does copyright last for works made for hire?
95 years from publication or 120 years from creation, whichever is shorter.
What kind of property does copyright protect?
Intangible property—ideas expressed in a tangible form.
Examples of copyrightable works?
Books, music, scripts, choreography, videos, photos, architectural designs, software.
What cannot be protected by copyright?
Ideas, names, slogans, facts, measurements, symbols, fonts, and useful items without creative design.
What is required for a work to qualify for copyright protection?
It must be original, fixed in a tangible medium, perceivable, and involve some creativity.
What is originality in copyright?
The work must be independently created and show a minimum level of creativity.
Who owns the copyright?
The original author or someone who acquires rights through transfer/assignment.
Are AI-generated works protected by copyright?
No, AI-created works are not eligible for copyright.
Can paraphrasing be copyright infringement?
Yes, mimicking structure or tone may still violate copyright.
What special rule applies to sound recordings?
Lyrics and recordings are separate copyrights.
What rule applies to architectural works?
Buildings built after 1990 are protected; public depictions are not.
Do you need to register a copyright for it to be valid?
No, but you must register to sue for infringement.
What are the benefits of using a copyright notice?
It shows public protection, ownership, and helps prevent ‘innocent infringement’ claims.
What are the exclusive rights under Section 106?
Reproduce, create derivative works, distribute, and publicly perform/display the work.
What is the Audio Home Recording Act?
Allows personal digital music copies for private use.
What are derivative works?
New works based on the original; permission is needed to create them.
What is the First Sale Doctrine?
After first authorized sale, the owner loses control over that physical copy.
What counts as public performance or display?
Any showing/display to the public; must be from a lawful copy and shown directly.
What is copyright infringement?
Breaking any of the copyright owner’s Section 106 rights.
What must be proven in a copyright lawsuit?
Valid copyright, copying of the work, and that the copying was improper.
