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an intangible property right granted by federal statute to the authors of ORIGINAL literary, musical and pictorial works
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a copyright license that allows the user, such as a radio or TV station, to perform or broadcast all protected works in the copyright holder's repertory, rather than having to negotiate permission on a work-by-work basis
- ex: agreements with the music-rights organizations ASCAP and BMI
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| a contract between the joint authors of a copyrightable work |
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a copyrightable compilation of individual works of authorship that are themselves also protected by copyright
- ex: anthology of stories by various writers
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| a copyrightable work formed by the creative assembly of preexisting works or information |
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| a system allowing copyrighted works to be used without negotiation or consent in exchange for mandatory payment of a set license fee |
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| a copyrightable production formed by creatively altering or adapting a preexisting work |
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| any activity that tends to weaken the distinctive quality of another's trademark |
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| a term used in common discourse to refer to a general class of products or services rather than to a specific product |
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| products of the mind, including copyrights, trademarks, and patents, that have legal status apart from any physical property in which they may be embodied |
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| a work in which 2 or more co-creators share the copyright |
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| the sale of rights to use a copyrighted work or other form of creative property |
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| authorization to use a particular, copyrighted sound recording in a film or other work |
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a limited form of control that artists retain over their creations, regardless of who purchases the works
- recognized primarily in Europe
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a contractual right to publicly perform a copyrighted work.
Copyright owners of musical compositions typically authorize a clearinghouse, such as ASCAP or BMI, to license performance rights in their works |
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| in copyright law, a term applied to works that no longer have copyright protection and therefore may be used by the public without consent |
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an additional, product-distinctive meaning that a common term may acquire over time when used in commerce.
In order to qualify as a protected trademark, common descriptive words or personal names must have acquired a secondary, product-identifying meaning in the minds of consumers |
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| a protected word, phrase or symbol used to distinguish a particular brand of service in the marketplace |
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one of the specifically listed work-of-authorship categories for copyright protection.
a particular, recorded performance that may have copyright protection entirely separate from the copyright in the underlying musical composition |
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| in copyright infringement cases, monetary award levels that are set by statute, irrespective of the actual amount of harm to the plaintiff |
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| authorization to incorporate copyrighted music into a video production |
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| a protected word or phrase used to identify and distinguish a company in the marketplace |
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| the use of deceptive means to unfairly gain competitive advantage in commerce; considered a tort in many jurisdictions |
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| in copyright law, a work of authorship created for an employer and owned by the employer from the moment of creation |
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| NO SUCH THING, not a defense to be ignorant of the law |
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- misappropriation claim against Leslie ad agency
- court of common pleas- state court
- photographs in an ad and article in magazine
- news = protected, not for commercial gain
- ad = not protected, for commercial use
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- photographers want them as broad as possible with little limitations
- person signing the release wants it to be narrow and detailed
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| copyrights must be transferred in writing |
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| Protected Copyright Categories |
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- Literary works
- Musical works, including words
- Dramatic works, including music
- Pantomimes and choreographic works
- Pictorial, graphic and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
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| Primary purpose of Copyright Law |
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| to encourage creative production for the ultimate benefit of society at large by giving individual writers, artists and media organizations control over how and when their works will be exploited commercially |
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| Article 1, Section 8 of U.S. Constitution |
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| where the power of Congress to enact copyright law is derived from |
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| Works not protected by copyright law |
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- ideas
- names
- titles
- short phrases
- things that can only be said one way; E=MC2
- news stories
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| In order to be Copyrightable: |
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- Has a work of authorship been created?
- Is it a predominantly expressive work?
- Does it contain more than raw facts/ideas?
- Is it more extensive than a mere title or short phrase?
- Is the expressive work original?
- Has the work been fixed in reproducible form, such as on paper, film or computer disk?
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| Basic Books, Inc. v Kinko's Graphics |
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- alleged infringement for copying excerpts without permission (Kinko's)
- the only factor of fair use on Kinko's side was the nature of the copyrighted work, it was published
- court ruled against Kinko's b/c of it's effect on the market
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- TV programming recording devices made my Sony
- court ruled in favor of Sony by fair use
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- granted some fair use protection because they are thought of as entertainment and not true
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