Copyright (Ch. 15,20,21)

Question 1

copyright

Answer 1

limited duration monopoly

Question 2

What is copyrightable

Answer 2

work has to be original sufficient material to constitute a work

Question 3

compulsory licenses

Answer 3

must issue a license to someone who wants to use your work, whether you like it or not

Question 4

mechanical royalties

Answer 4

payments for devices “serving to mechanically reproduce sound,” movies paid to copyright owners for the manufacture and distribution of records

Question 5

mechanical rights

Answer 5

the rights to reproduce songs in the records

Question 6

reproduction

Answer 6

no one can record, publish, or copy without permission

Question 7

Distribution

Answer 7

selling records to the public

Question 8

Publication

Answer 8

distributed beyond control

Question 9

phonorecord

Answer 9

audio only recordings

Question 10

statutory rate

Answer 10

9.1 cents under five minutes, 1.75 cents per minute of playing time or fraction thereof

Question 11

Copyright Act of 1909

Answer 11

28 years and then need to be renewed, up to 56 total years

Question 12

Copyright Act of 1976

Answer 12

Effective Jan.1 1978, extended duration of the copyright to life plus 50

Question 13

Joint work

Answer 13

created jointly by the efforts of two or more people, both own interest in the whole copyright, must have an author who intended merge his or her work at the time of creation

Question 14

Works for hire

Answer 14

employer becomes author of the work, author’s name doesn’t have to be on the copyright registration, made within the scope of work under employment

Question 15

Right of termination (1976)

Answer 15

For works written on or after 1/1/78, 35 years after a transfer author can it get it back, does not apply to WFH, does not affect existing licenses

Question 16

Digital Performing Right in Sound Recordings (1995)

Answer 16

Extended compulsory license to digital distributions, created the rights for the artist and label to performance royalty when phonorecords are played via a digital broadcast

Question 17

Digital Millenium Copyright Act (1998)

Answer 17

Compulsory license for webcasting (for a set fee),

Question 18

Sonny Bono Copyright Extension Act (1998)

Answer 18

Added additional 20 year to the copyright, life plus 70

Question 19

Fairness in Music Licensing Act (1998)

Answer 19

Stores, restaurants, and bars under a certain size (2,000 sqft for stores, 3750 sqft for restaurants) are exempt from performance licenses

Question 20

Sampling

Answer 20

Compulsory license does not apply, rates are negotiated (original publisher), changes the fundamental character of the song, depends on popularity of original song and the amount the original is used in the new song

Question 21

Copyright in Sound Recordings

Answer 21

Prior to 1972 no copyright protection, by state legislature

Question 22

First use

Answer 22

compulsory license does not apply, until first use publisher can charge anything it wants, usually not more than statutory rate

Question 23

exclusive rights

Answer 23

Reproduction, distribution, performance, derivative works, display work publicly

Question 24

Exceptions

Answer 24

compulsory licenses, cable tv rebroadcasts, public broadcasting system, jukeboxes, digital performance of records, phonorecords and digital downloads of non-dramatic musical compositions