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Terms in this set (25)
A collective work is a work, such as an encyclopedia or anthology, that includes a number of separate smaller works
A "compilation" is a work formed by collecting preexisting material or facts and selecting or arranging them in an original way
A "copyright" is actually a "bundle of rights" that the creator of a work is entitled to control if the work is "an original work of authorship fixed in a tangible medium of expression."
COPYRIGHT HOLDER/COPYRIGHT OWNER
A "copyright owner" or "copyright holder" is a person or a company who owns any one of the Exclusive Rights of copyright in a work. Copyright ownership is separate from the ownership of the work itself.
You may have seen on a book the following notice "© [name of copyright owner] [year of creation]" or, in the case of a CD or other Sound Recording, "[name of copyright owner] [year of creation]."
A "derivative work" is a work that is "based upon one or more preexisting works."
A Copyright Owner owns all or any one of the "exclusive rights" of copyright in a work
The words you use to tell a story, the picture that you paint, and the lyrics to a song you wrote are all types of "expression."
"Fair use" is the right of the public to make reasonable use of copyrighted material in special circumstances without the Copyright Owner's Permission. The United States Copyright Act recognizes that fair use of a copyrighted work may be used "for purposes such as criticism, comment, news reporting, teaching, scholarship, or research."
FIRST SALE DOCTRINE
The "first sale" doctrine recognizes that ownership of a copyright is different from ownership of a material object that is the subject of a copyright.
A work is not entitled to copyright protection until it is "fixed in a tangible medium."
Under Section 501 of the United States Copyright Act, anyone who violates any of the Exclusive Rights of the Copyright Owner is a copyright "infringer."
The term "Intellectual Property" refers to all kinds of intangible (not physical) types of property that people can own. Unlike physical property, Intellectual Properties are solely creations of law and have no independent existence. Intellectual Property under U.S. law encompasses rights in copyrights, patents, Trademarks, as well as Trade Secrets, Rights of Publicity and Moral Rights.
In order to exercise one or more of the Exclusive Rights of copyright, you need a "license" from the Copyright Owner. The license is the permission granted by a copyright owner (also know as the "licensor") to the person requesting the right to exercise one or more of these exclusive rights (also know as the "licensee").
MASTER USE LICENSE
A "master use license" is an agreement by which the Copyright Owner of a Sound Recording (usually, the record company) grants Permission to someone else to use the Sound Recording in a visual work.
Under the United States Copyright Act, the right to use copyrighted songs in making Sound Recordings for distribution to the public for private use is one of the Exclusive Rights of the Copyright Owner.
A "medium" is a type of artistic technique or means of Expression related to the materials used or the creative methods involved in the production of the work.
Under U.S. federal law, "moral rights" are certain rights given to artists who have created visual works of art (such as, a painting or sculpture) to protect the integrity of her name and works
A "musical composition" is a musical work, such as a song or piano piece, created by a composer using melody (tones and rhythms), harmony (chords), and lyrics.
A "patent" is a type of Intellectual Property that relates to inventions. Like Copyright, patents give the creators of inventions a certain "bundle of rights," including the exclusive rights to (1) make copies of the invention, (2) use the invention for whatever purposes it was intended, (3) import copies of the invention, (4) sell copies of the invention, and (5) offer copies of the invention for sale, all for up to 20 years.
An owner of a copyright has many Exclusive Rights, including the right to perform his or her own song (the Musical Composition) in public. These rights are known as "performing rights," and other users need Permission of the Copyright Owner to play the song on the radio or television, or in clubs, concerts, and amusement parks.
In order to exercise one or more of the Exclusive Rights of copyright, you need a get permission from the Copyright Owner. That permission is called a License, by which a copyright owner grants the right to exercise one or more of these rights to another person or company.
Works that are in the public domain belong to everyone and can be freely used without compensating the authors. There are many reasons why a work may be in the public domain.
To "publish" a work means to distribute copies of that work to the public. The act of publishing is referred to as "publication" and sometimes a published work is referred to as the "publication."
RIGHT OF PUBLICITY
The "right of publicity" is a right under state law (as opposed to under federal law like copyright) that every person has the right to control the commercial use of his or her identity
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Copy right vocab
Mass Media Law chapter 14