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blaw 2nd exam
Terms in this set (40)
the copyright act is not sufficiently flexible to protect new and emerging issues such as: copyright issues arising out the internet.
copyrights are governed by a combination of both federal and state law.
if registration is made within 3 months after publication of work or prior to infringement of the work, statutory damages and attorney fees will be available to the copyright owner in court
if there are several ways of explaining a topic, the original expression of that topic will be protected by copyrighted by that law
a racist hamlet may be protected under copyright law
the copyright in a derivative work covers only the additions, changes, or other new material appearing the 1st time in a work
a noted sculpture has place a sculpture of a soldier in a national park pursuant to a contract with the federal government, which doesn't identify which party will own the copyright to the sculpture. Who owns the sculpture?
the noted sculpture
AM and FM radio stations don't pay royalties to performers for there sound recordings, although satellite radio stations do?
what's the function of performing rights society such as ascap?
distribute royalties to musicians, to grant performing licenses
the entity that sets royalty rates or terms for compulsory license ______
copyright royalty board
If copyright rights are to be transferred to another, they must be transferred as a bundle meaning that all exclusive rights must be transferred at the same time
the copyright office permit applicants to block out portions of source code if computer program they are registering is a trade secret
identify 3 ways by which 1 may file an application for copyrights?
may file using ECO, print out mail in, paper form mail to copy right office....all the above
if the copyright office had concerns about whether copyright claim should be registered, it generally register claim under
Rule of Doubt
paramount pictures is nearly ready to release blockbuster movie. Paramount extremely concerned that movie be leaked, infringe prior to its release. What might Paramount do to protect rights or perhaps obtain objunction to stop threaten piracy of movie
pre register movie with Copyright Office
To prove copy of a work, a plaintiff must generally show that the defendant had access to copyrighted work and there is substantial similarity of 2 works
its a violation of law to sell a device that circumvents and defeats copyright protection measures
computer programs are copyrightable of literary work
if a copyright work originate in Berne Convention country, its entitled to protection in all Berne member Countries
registering a copyright is far more difficult than registering a trademark
court determining if infringement of computer program took place
-dissect/abstract allege infringe program structure
-filter out the unprotect able elements
-compare remaining protectable elements of the 2 works to determine whether infringement exist
types of licenses used for computer programs
-shrink wrap license- opening wrap says users/ purchaser to the terms of the license agreement
-click wrap license- user/ licensee click an icon displayed on screen to indicate "purchase"
rights consumer have with computer software that's been purchased: licensed valid contracts under contract law
-warranties, terms, conditions (user/ licensee can use the software (any violation of terms is considered infringement)
most important factor to consider fair use
- new work used from old work as criticism,commenting,teaching,scholarship, research,news reporting
1. the purpose/ character of the use
2.nature of copyrighted (similar/saying the same thing)
3.amount or substantially of work
4.effect of the new work on potential market
Plaintiff must prove to prevail a copyright infringement action
1.his or her ownership of a valid copyright/copying
2.impermissable invasion by the defendant of 1 of the exclusive rights afforded to copyright owner
evidence defendant copied the plaintiff work
-certificate of copyrighted (made < 5yrs) of publication of work (identity within author stated in the certificate).
appropriate copyright deposit materials for a built house
owner exclusive right must deposit purchased work within
-3 months after publication
-2 complete copies of best edition of work
-made into library of congress so it can continue cataloging/ collecting works published in the U.S. so it can receive copies of every copyrightable work published in the US
-1 complete copy of an architectural/drawing /blueprint.if building has been constructed, photographs showing the work( 8*10of interior /exterior views)
what has to be done to correct an error in copyright application
-application may be filed for supplementary copyright registration to correct error amplify the info given
-paper form CA must be used, filing fee is $100
are there any substitutes for copyright notice forms discussed
does copyright protect ideas?
false. copyright only protects the expression of an idea, not the idea itself
can a sculpture on a useful product be copyrightable
yes,because a sculptural work is considered a tangible form of expression which is supported by a copyright
are useful products (useful function and merely decorative) copyrightable?
useful products are not copyrighted because it does not include creative expression
must copyrightable works be perceptible to the human eye
yes.one must determine must see,touch (tangible form) work of expresssion
when do copyright protection occur?
3 months grace period of registering a copyright after the work is published (submit an application for copyright registration within 3 months of its 1st publication)
what if two nearly identical works of art are created independently of each other?
its okay to have two identical works as long as each author independently created their own work (example:if kindergarten sign their name, each child will own their own copyright, even if signatures look similarly alike to one another
transfer rights of co-authors
-owner transfer rights to more than 1 person or a
-copyright passes by 2 or more people..i author cant exclude another from using the work or exercising the rights of copyright ownership, joint owner cant transfer all interest in the work without the written consent of other co-authors
whats the duration of copyright for co authors
70 years after the last surviving author death
how long will copyright last for a business that owns the copyright
95 years from publication or 120 years from creation,whichever is shortermnnnn
what are moral rights
concerned with the protection of the reputation of the author.(They include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work,the rights of authors to claim authorship of their works and to object to any mutilation or modification of the work that would be prejudicial to the author's reputation or honor)
if google news posts headlines and links the headline to a story line is called ___.
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