Flashcards in Test 1 (1-4) Deck (97)
A form of property ownership for certain types of artistic and creative works
Two categories of property
1. Real property
2. Personal property
Protects land or things that are built on land (houses and buildings)
Everything that can be owned other than real property (a car)
Products of the mind (copyrights, patents, trademarks)
What property has copyright protection?
Intangible property- cannot be possessed by anyone but can be owned
Can you posses a song?
No, but you can own one
How are copyrighted works embodied?
Physical objects, which can be possessed (Sheet music, mp3, tape, recording)
How many people can infringe on a copyright at a time?
More than 1 person
How did copyright originally work?
It involved only the right to copy literary works and applied only to printed material
Reproduce, Adapt, Distribute, Publicly perform, Publicly display
How permission to use a work is granted- an agreement or contract stating how the work may be used and what compensation the copyright owner will be paid for allowing the use
The compensation paid to a copyright owner under a license- a percentage of the price paid for the use
Act of possession
The way most property rights arose
What happens when the work is open to the public?
It is free for their use
Decides if the works should be made available
Is copyright and unlimited right?
No, but it has limitations
Fair Use Defense
Allows people copyrighted works without permission and without paying for their use in certain circumstances, thereby preventing copyright from acting as a deterrent to free speech
A morally entitled to control and exploit the products of the author's intellect
(Advocate for this right- John Locke)
To encourage the widest possible production and availability of artistic works
What is copyrights justification?
It is necessary to ensure that creators have sufficient incentives
Are intellectual property rights absolute?
What kind of monopoly is copyright?
Limited monopoly granted for a specific period of time
What all copyrighted works eventually fall under
-Original works of authorship
-Protects only expression, not ideas
-Certain uses of copyrighted works are permitted without the copyright owners consent
What is a criticism that is aimed to copyright law?
That is does not really provide much incentive for authors to create
What is the balancing done in copyright law?
Providing sufficient incentives to authors to create works while assuring that the public can have access to those works
What is the goal of copyright?
To assure the greatest possible production and availability of creative works
What is copyright law based upon?
The utilitarian philosophy