copyright law Flashcards
(26 cards)
copyright
Copyright is an exclusive right to own, produce, sell, and license artistic and creative works
which part of the law authorizes the fed to enact copyright laws
The U.S. Constitution Article 1, Section 8
what are the currently effective copyright laws
The Copyright Act of 1909 (governing works published between 1909 and 1978)
The Copyright Act of 1976 (governing works created on or after January 1, 1978)
The Digital Millennium Copyright Act (amending copyright law relating to online and digital distribution of content)
The Copyright Act of 1909
The Copyright Act of 1909 (governing works published between 1909 and 1978)
The Copyright Act of 1976
The Copyright Act of 1976 (governing works created on or after January 1, 1978)
The Digital Millennium Copyright Act
The Digital Millennium Copyright Act (amending copyright law relating to online and digital distribution of content)
what subject matter can be protected by copyright
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
what must a work have to be protected by copyright
The work must be original and must be fixed in any tangible medium of expression.
what does copyright not protect?
Copyright does not protect names, facts, ideas, procedures, processes, systems, methods of operations, concepts, principles or discoveries.
who owns copyrights?
In most cases, the copyright in a work of authorship is owned by the author who created the work.
In the case of “works made for hire”, the employer and not the employee is considered to be the author
Authors of a joint work or co-owners of copyright collectively own the work.
define a ‘work for hire’
A work prepared by an employee within the scope of employment, or
A work specially ordered or commissioned for use in the following 9 categories: contribution to a collective work, compilation, part of an audiovisual work, instructional text, translation, test, supplementary work, answer material for test, or atlas (and if agreed to be a work for hire in contract).
what rights do copyright holders have?
To reproduce the copyrighted work in copies or phonorecords;
To prepare derivative works based upon the copyrighted work;
To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental ,lease or lending;
In the case of literary, musical, dramatic, or choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
In the case of literary, musical, dramatic, or choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
duration of protection for works created after jan 1 1978
For works created after January 1, 1978:
Life of the author + 70 years
For works made for hire: 95 years from date of publication or 120 years from the date of creation, whichever comes first.
duration of protection for works created before jan 1 1978
For works created before January 1, 1978:
Works published before 1923 are in the public domain.
Works published from 1923-1963: 28 yrs. + optional renewal of 67 yrs.
Works published from 1964-1977: 28 yrs. + automatic renewal of 67 yrs.
Created before January 1, 1978, but not published between then and December 31, 2002: Life + 70 yrs. Or December 31, 2047, whichever is greater.
how do you acquire copyright protection
Publication, registration and notice are no longer required for copyright ownership to vest.
Copyright is automatically secured when the work is created and fixed in tangible form for the first time.
what are the advantages to registration?
There are advantages to registration, though, including:
establishing a public record of your copyright
being able to sue in court for infringement (which essentially means you need to register in order to protect your rights)
establishing evidence to a court of the validity of the copyright
allowing a copyright holder to get statutory damages and attorney’s fees in an infringement suit
allowing copyright holder to register the copyright with the U.S. Customs Service to protect against importation of infringing copies.
overview of forms filed with us copyright office
Form TX for literary works and computer programs
Form PA for musical works, dramatic works, motion pictures
Form SR for sound recordings (can also be used to simultaneously register underlying musical work(s) if same author)
Form VA for visual works of art
Form SE for serials and periodicals
copyright notice
Copyright notice is not required, although it is wise to include such a notice on copyrighted works.
The copyright notice for visually perceptible copies of a work is © (the letter C in a circle), and the year of 1st publication of the work, and the name of the copyright owner.
For example, © 2012 John Doe Productions, Inc.
The copyright notice for phonorecords of sound recordings is ℗ (the letter P in a circle), and the year of first publication of the sound recording, and the name of the copyright owner.
For example, ℗ 2012 John Doe Music Company, Inc.
what is the key exception to copyright
fair use
fair use
§ 107 covers Fair Use. Fair use is a defense, not an affirmative concept, so one needs to understand that fair use does not prevent a copyright infringement lawsuit from commencing.
Fair use is a statutory defense to infringement, allowing right to use a copyrighted work without permission of the copyright owner
fair use is a statutory defense to infringement true or false
true
4 factor balance test
The purpose of the use;
The nature of the copyrighted work;
The amount used of the work; and
The effect on the market for the work
examples of fair use
Excerpts used for review or critique,
Short passages in a scholarly work to illustrate author’s observations,
Spontaneous use in classroom (i.e. morning newspaper),
Parody,
Short passages in a summary of an article.
how does one infringe on copyright
Elements of an infringement claim:
Ownership of a valid copyright, and
Use of an exclusive right provided to copyright holders without the permission of the copyright holder.
In the absence of direct proof of element #2, plaintiff may prove (a) access and (b) substantial similarity.
