Term
|
Definition
protects writings of "original works of authorship fixed in any tangible medium..."
allows authors to control how their creative expression is copied, distributed, and performed |
|
|
Term
| Which of the follow can NOT be copyrighted: phone book, song title, student exam essay, or email messages? |
|
Definition
| Phone book can not be copyrighted (the rest can). |
|
|
Term
|
Definition
a work formed by collecting and assembling pre-existing materials or dat that are "selected, coordinated, or arranged in such a way as to create a new original work"
ex: Trivia dictionaries |
|
|
Term
|
Definition
a gathering of preexisting works that may already be copyrighted
ex: magazines, corporate reports, etc. |
|
|
Term
| Can collective works be separately copyrighted? |
|
Definition
Yes; they can be copyrighted as original expression.
Contributions to the collection retain their separate copyrights. |
|
|
Term
|
Definition
a transformation or adaptation of an existing work that may be copyrighted
ex: translations from foreign languages, movie versions of plays, etc. |
|
|
Term
| Who has the exclusive right to create derivative works? |
|
Definition
| The original copyright owner |
|
|
Term
| What is the length of copyright for an individual author? |
|
Definition
| Life of the author + 70 years |
|
|
Term
| Length of copyright for a company? |
|
Definition
| 120 years from the date of creation, or 95 years from the date of publication (whichever is shorter) |
|
|
Term
| Can study questions be copyrighted? |
|
Definition
|
|
Term
| Are authors required to protect copyright? |
|
Definition
| No, but they should place copyright notices on their works and register them. |
|
|
Term
| Who holds the copyright in student class notes be written to be sold for commercial purpose (Student Notes)? |
|
Definition
The student; they are the creator of taking the information from class and putting it in their own words.
(The professor and the publishing company would not hold copyright.) |
|
|
Term
| How do you register for copyright? |
|
Definition
| An author must submit a form and registration fee to the Register of Copyrights in Washington. |
|
|
Term
| What is the fee for registering copyright? |
|
Definition
| The fee for an electronic filing is $35, and $65 to register the work on paper. |
|
|
Term
| When should you register copyright to obtain benefits? |
|
Definition
| Within three months of publication? |
|
|
Term
| Are unregistered works protected? |
|
Definition
| Yes, they are protected under copyright law. However, authors may not sue for infringement until a work is registered. |
|
|
Term
|
Definition
| the author who owns the copyright is the party who hires (employer) an employee or commissions a freelancer to create work |
|
|
Term
| 2 types of "work made for hire" |
|
Definition
a work prepared by an employee within the scope of his or her employment
a work specifically ordered or commissioned that falls within one of the nine categories |
|
|
Term
| Who owns the rights of works made for hire? The employer or the creator? |
|
Definition
| The employer; the company should own the copyright if the company assigns the tasks, risks the resources, and directs the work of the creator. |
|
|
Term
| Why is it illegal for students to download copyrighted music from the internet without paying? |
|
Definition
| it is a form of reproduction or copying, which is a right of the copyright owner to exclusively control copying or reproduction of the work |
|
|
Term
|
Definition
| an exception to copyright allowing the media to perform a copyrighted work without explicit permission as long as the user pays royalties |
|
|
Term
| Does the campus radio station have a compulsory license to stream music on its website? |
|
Definition
|
|
Term
| Does the radio station have to pay for the right to stream? |
|
Definition
|
|
Term
| Does a commercial radio station have to negotiate with and write checks to music publishers? |
|
Definition
| No; broadcasters never have to pay performance royalties. |
|
|
Term
| When do radio stations pay royalties? |
|
Definition
Only for performing the musical composition.
Do NOT pay for the sound recording if they are also webcasting while broadcasting. |
|
|
Term
|
Definition
| the track fixed on a CD or download from iTunes |
|
|
Term
|
Definition
|
|
Term
| Do students need permission to play a copyrighted song in a play that charges no admission? |
|
Definition
|
|
Term
| Do students need permission to copy small "samples"? |
|
Definition
| No, because of Fair Use. This is an exception to the copyright law. |
|
|
Term
|
Definition
| the law's attempt to reconcile "exclusive rights" granted to authors to encourage creativity conflicting interest |
|
|
Term
| If someone buys a photograph, changes it, and sells copies, are they infringing on moral rights? |
|
Definition
| No; if you buy something it gives you copyright of the image. |
|
|
Term
| Would a mayor have a moral rights claim if someone distorted their photograph? |
|
Definition
| The mayor is a public figure and would have to prove actual malice. |
|
|
Term
| What elements does a copyright owner have to prove to be able to charge infringement? (There are four.) |
|
Definition
the purpose and character of the use (commerical, nonprofit, etc...)
the nature of the copyrighted work
the amount and sustainability of the portion used
the effect of the use on the potential market |
|
|
Term
| Is UGA liable if students download music on UGA internet service? |
|
Definition
| No; the student is liable. |
|
|
Term
| If a professor encourages students to download music, who is at fault? |
|
Definition
|
|
Term
| Why were Napster and Grokster liable for copyright infringement? |
|
Definition
| they provided the downloaded music for free, violating the replication protection of the copyright laws |
|
|
Term
| When is Fair Use usually applied? |
|
Definition
a privilege for people other than the owner to use copyrighted material in a reasonable manner without consent
for productive purposes, such as news reports, criticism and comment |
|
|
Term
| Four factors to determine Fair Use |
|
Definition
the purpose and character of the use (commerical, nonprofit, etc...)
the nature of the copyrighted work
the amount and sustainability of the portion used
the effect of the use on the potential market |
|
|
Term
|
Definition
| downloading a WAV song in MP3 format |
|
|
Term
|
Definition
to encourage the dissemination of knowledge
ex: scholars may quote short passages or reproduce small section of painting for the purpose of discussion and criticism |
|
|
Term
| What are some examples of work that is likely Fair Use because of the "nature of the work"? |
|
Definition
| databases, lists, and stock tables |
|
|
Term
| Is it fair use to take lines from a poem or phrases from a song? |
|
Definition
| As long as it is a short excerpt and not the whole thing. |
|
|
Term
|
Definition
| the word, name of symbol a company uses to identify itself as the source of goods |
|
|
Term
|
Definition
| Trademark is not a creative work and is used for identification of a company, not an individual. |
|
|
Term
| Qualities a trademark must possess |
|
Definition
inherently distinctive mark (ability of the mark to cause the public to associate a product or service with the company)
secondary meaning |
|
|
Term
| Time limit on trademark protection |
|
Definition
registration must be renewed every 10 years
can be renewed as long as the mark is used
can also be registered in each state with the Sec. of State office |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
Delta, Lexus, Coke, Apple
explain what a product does without describing it |
|
|
