Term
| What is the poor man's copyright? Is it a suitable substitution for registration? |
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Definition
| When you mail it to yourself. No, because it can be manipulated. A copyright gives you the presumption of ownership registered under the government. |
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Term
| What are the benefits of registration? |
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Definition
| Registered under the government. You can sue people. |
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Term
| What is copyright notice? How is it different for sound recordings? |
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Definition
| The C in the circle is copyright notice. It includes the year of creation and the author. Sound recordings are the P in the circle. |
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Term
| How are the rights to sound recordings limited and why? |
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Definition
| No rights to perform publicly, no right to display, diminimus defense does not apply. One type of infringement that you can't sue somebody for having substantial similarity. |
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Term
| What are the three performing rights agencies? Who do they pay royalties to? |
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Definition
| Ascap, BMI, Sesac. They pay royalties to publisher songwriter. |
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Term
| What is the name of the major mechanical rights agency? Under what circumstances would an artist contact this agency? |
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Definition
| Hairy Fox. You would contact becase you want to do a recorded cover version. |
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Term
| What is a compulsory license? Under what circumstances can a publisher deny this license? |
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Definition
| It is a mechanical license that they must give you that gives you the right to reproduce and distribute a work. Compulsory license can be denied if it does not contain the five elements of: Statutory rate, already published, 30 day notice, stays true to the original, audio only. |
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Term
| What must be proven to establish copyright infringement? |
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Definition
| Must show: Ownership and registration of the work, access to the work, and substantial similarities or it is a literal infringement. (Such as illegal downloading) |
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Term
| What is the Lay Observer Test? |
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Definition
| A test that the jury uses to determine if two works are similar. |
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Term
| What are the defenses to infringement? |
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Definition
| Fair use, diminimus, unclean hands, lack of access, laches (waiting too long), The merger doctrine (functionality), lack of ownership, no registration |
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Term
| What are the remidies available for copyright infringement? |
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Definition
| Happens after you win the case. Remedies by statutory damages or actual damages. Seizure and destructino of the existing goods, attorneys and court fees, jail time, restraining order. |
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Term
| What is the statute of limitations for copyright infringement? |
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Definition
| Three years from when you knew or should have known of the infringement. |
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Term
| What type of publishers typically handle administrative duties in house rather than outsource them? |
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Definition
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Term
| What is the difference between a synch license and a grand rights license? |
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Definition
| Synch license is for film and tv, grand rights is for opera broadway theatre, exc.. |
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Term
| Explain the merger doctrine and give an example. |
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Definition
| The defense to copyright infringement. If a piece of artwork becomes functional. (The kickstand of the naked lady, keyboard layout) |
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Term
| What type of license usually generates the most revenue? |
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Definition
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Term
| What sort of things must publishers consider when entering into foreign licensing deals? |
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Definition
| Foreign laws, taxes, exchange rates, import export restrictions, blocked currency (Can't spend money outside of the place you made the money at) |
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