Copyright Flashcards
(65 cards)
Where does Congress’ CR power come from
Const. Art. 1, § 8
“Promote the progress of sciences and useful arts, by securing for limited times to authors and inventors the exclusive right tot he repsoctive writings and discoveries”
What CAN be CR?
- Anything that is fixed in a tangible medium of expression
- sufficiently perminent for a period of more than a tansitory duration
CR must be a(n) ____ work.
Original work
CR: Creative Element
A CR must have some sort of creative element
- the threshold of creativity if very low.
What CAN be CR: Examples
1) literary works
2) Musical works
3) dance/choreography
4) pictorial, graphic, and sculptural works
5) sounds recourdings and audio/visual works
6) letters
7) Lectures and speeches
What CANT be CR?
1) Ideas, themes, bare plots
2) non-creative titles, slogans, words, etc.
3) methods, systems, formulas, equations
4) Scenes A faire
5) facts/news events
6) research (Sweat of Brow)
Scenes a Faire definition
A scene in a book or film which is almost obligatory for a genre of its type
Ex: Spy movies will all have gadgets and Westernns will all have outlaws
CR: Characters Test
Total Concept and Feel:
-Assess the total concept and feel of the work (plot sequence, pace, characters), not just the differences
2 components of a CR case
1) the CR work
2) the allegedly infringing work
Is research protected by CR?
NO!
Derivative works definition
A work based on or derived from one or more alreadyexisting works
CR: Character Test
1) Sam Spade Test
2) Chracter Delineation Test
Sam Spade Test
Look at what the story being told is
Character delinetion Test
Fictional chacter is CR is it contains the same characteristics
Who owns the CR: General Rule
The creator of the work is the original owner of the CR
Work made for Hire Definition
1) Works created by an employee within the scope of employement;
OR
2) Specially ordered or comision works that fall into one of 9 categories AND the parties agree in writing that the work is one made for hire
Who owns a Work made for hire?
The Employer
9 Categories of work made for hire
1) contribution to a collective work
2) part of a motion puctyre or other audiovisual work
3) translation
4) supplementary work
5) compilation
6) instruciton text
7) test
8) answers material to test
9) atlas
CR: Joint Works definition
a work prepared by two or more individuals, with the intention that their separate contributions be merged into a single work.
Joint Work elements
1) intent to merge contributions
2) two things either inseperable or interdependent
3) both works must be individually CR
CR Joint Work: Inseperable definition
Parts have little or no independent meaning standing alone
CR Joint Work: interdependent definition
Parts achieved their primary significance because of combined effect
Duration of CR Protection DATE
on or after 1/1/1978
Duration of CR Protection: Individual
- life of author + 70 years
