Copyright Flashcards
What does originality in copyright mean? (4)
1) work originates with you: can hold copyright
2) did not mechanically copy it
3) quality not required
4) making conscious choices
When does copyright take hold in SG, UK and US?
“in material form”, including electronic. Can be perceived, reproduced, communicated for more than a transitory period
How is the copyright registration system like in US and SG respectively?
US: optional government registry system, open to works from everywhere. 35 USD and it creates public record of copyright
SG: no such registration system
What does the Berne Convention refer to?
international copyright treaty that requires copyright to take hold upon fixation. All parties recognise the copyrights of citizens of all other nations without formalities
What is protected in copyright and what is not?
Protected: expression, particular fictional works, sequence of events, particular characters
Not Protected: facts, ideas, genre, standard plot elements/scenes, stock characters
Not infringing unless nearly identical expression of fact/idea
What is the first sale doctrine (copyright exhaustion)?
1) Copyright owner cannot collect royalties from people reselling a copy of her work. they can resell, give away, rent, destroy
2) However, copyright owner can prevent you from reproducing & distributing copies (including on screen)
What are 2 requirements for copyright infringement?
1) Substantial objective similarity/identical (reproductive of substantial part. Looks at degree of similarity, not how work was produced)
2) Casual connection indicating copying (evidence that D may have copied/D has access to P’s work)
What are 2 assumptions of copyright infringement?
1) P’s work is still copyright protected
2) D did not have permission to use the work
What are 4 factors to consider when using fair use as a defence to copyright infringement?
1) purpose of use
2) nature of work
3) amount & substantiality of use
4) potential market effect
What about the purpose of use is considered when using fair use as a defence to copyright infringement?
Allowed: news/reporting, teaching, private study/research, transformative use (e.g. parody, review, criticism)
Not allowed: primarily commercial use (but very high bar to hit commercial use)
What about the nature of work is considered when using fair use as a defence to copyright infringement?
Allowed: factual
Not allowed: if it copies creativity/expression. Also if work is unpublished
What about the amount & substantiality of use is considered when using fair use as a defence to copyright infringement?
Refers to importance of what is used, but it may not matter all the time. If the whole work is used, substantiality is high.
What about the potential market effect is considered when using fair use as a defence to copyright infringement?
Not allowed if it supersedes/substitutes for original
What is the SG-US Free Trade Agreement (2003)?
Before FTA: fair dealing (use) was a narrow defence, for the purpose of criticism/reporting (acknowledgement still required)
After FTA: made fair dealing similar to US fair use, with an added 5th condition - possibility of obtaining the work within reasonable time at an ordinary commercial price
What are 3 considerations for De Minimis?
1) trivial use
2) inessential use - does not contribute to the work. Can be blanked out without diminishing the work in which it appears
3) use is unavoidable (cannot avoid billboard)
Does incidental filming of artistic works count as copyright infringement?
Nope if only incidental
What does parody refer to in US? (2)
1) uses elements of original work
2) makes fun of original work
Can parody count as fair use?
Even if parody is so effective that it hurts the market for the original, it is still fair use, unless the parody is a substitute for the original.
What does satire refer to?
1) uses elements of original work
2) makes fun of another target, not original work. No necessary connection between original work & other target
Can satire count as fair use in US, Australia and SG/HK?
US: no
Australia: parody & satire both protected
SG/HK: no specific provisions
What does US think the purpose of copyright ownership is?
US congress has the power to promote the progress in science & useful arts. Incentivise creation by giving creators rights (for a limited time)
How does one transfer rights?
Assign copyright to another in writing/electronically (白纸黑字)
What are some ways to license rights? (5)
1) Grant permission for others
2) Transfer some specific rights, retains all others
3) User may pay royalty
4) For a term (limited time) or in perpetuity (until end of copyright term)
5) In a territory
By default, who owns the copyright for newspapers/magazines?
Creator, not subject, owns copyright. Subject needs license to use material.
