Term
| What are the five exclusive rights of the copyright owner? |
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Definition
| Reproduce, Perform, Derive, Distribute, Display |
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Term
| What is the duration of copyright for an individual? |
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Definition
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Term
| What is the duration of copyright for joint authors? |
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Definition
| Life of last living author + 70 years |
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Term
| What is the duration of copyright for a company? |
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Definition
95 years if published
120 years if not published |
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Term
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Definition
| created when you made it tangible |
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Term
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Definition
| when released to the public |
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Term
| When is work considered fixed? |
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Definition
When it is stable enough to be perceived or communicated for more than a brief amount of time
Example (snow in florida) |
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Term
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Definition
A new work that is based off of a pre-existing work
Example (sequel, adaptation) |
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Term
| Explain the difference between a compilation and a collective work. |
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Definition
Compilation - An arrangement of non-copyrightable elements (yellow book)
Collective - Independently copyrightable works (book of poems, collection of songs, magazine, etc.) |
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Term
| What things are not protected by copyright? |
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Definition
| Ideas, Titles, Things that can be patented or trademarked, Facts, Theories, Measurements, Names, Phrases |
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Term
| When is a performance considered public? |
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Definition
| When it is more then just your friends and family that are gathered |
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Term
| How does a work wind up in the public domain? |
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Definition
| Copyright expires, forfeited, donated, federal gov't works |
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Term
| What sort of protection are public domain works entitled to? |
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Definition
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Term
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Definition
Attribution - the authors right to receive name credit
Integrity - ... |
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Term
| To what types of works do moral rights apply? |
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Definition
| Fine Arts - sculptures, art in museum, etc |
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Term
| What Act gave moral rights to U.S. authors? |
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Definition
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Term
| Who is considered an author? |
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Definition
| Anybody who creates a tangible piece of work |
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Term
| What is the difference between an employee and an independent contractor? List factors used to determine this status. |
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Definition
Employee - company retains rights to work
Independent contractor - retains the rights to their own work.
(Benefits, salary, duration, who provides tools and materials) |
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Term
| Why is it necessary to understand the Copyright Act of 1909? |
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Definition
| Some pieces of work is still protected under 1909 act |
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Term
| What are some of the Copyright Act of 1909's limitations? |
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Definition
Had to be renewed after 14 years
Had to be noticed
Architecture and sound recording not protected |
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Term
| What is a functional object? |
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Definition
| A thing that does something (not art) |
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Term
| What aspects of a functional object may be protected by copyright? |
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Definition
| A copyrightable image on or attached to it |
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Term
| Absent a collaboration agreement, what are the rights of joint authors? |
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Definition
| An Equal Split - Both/all of them and you don't need permission from the other author |
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Term
| How do you determine joint authorship? |
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Definition
| Intent: works merged - joint authors both contributed |
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Term
| What are the common ways for a company to acquire copyrights? |
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Definition
| Work for Hire, From employees; hire people, Buy them outright, Collect on default of loan, Put in will/inherit it |
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Term
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Definition
| Using somebody else's work without permission |
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Term
| How is Fair Use determined? |
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Definition
| The four factors test: Amount of work that is taken, Purpose and character of use, nature of work that was taken, Economic impact on original work |
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Term
| What are some examples of Fair Use? |
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Definition
| News, Education, Parodies, Criticism, Scholarships, News reporting, illustrations (SNL skit that mocked Sarah Palin was a parody) |
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Term
| What is the legal presumption created by registration? |
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Definition
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Term
| How can a copyright become subject to an involuntary transfer? |
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Definition
| Default on a loan, Divorce, Death |
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Term
| Are computer files fixed? |
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Definition
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Term
| Who owns the sound recordings if an artist is signed to a label? |
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Definition
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Term
| Is fashion design protected by copyright? |
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Definition
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Term
| What happens when you register multiple songs that aren't yours? |
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Definition
| You need to license each song, then it is called a collective work |
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Term
EXTRAS
Recognize Hypothetical situations
Understand Kinko's case |
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Definition
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