Term
The Law of Unfair Competition |
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Definition
Misappropriation and Trademark |
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Term
Misappropriating; similar; titles; trade; secrets; Advertising |
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Definition
____________the work of others, using ________ _______ in a misleading way, stealing______ ________, and _________ falsely |
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Term
The tort of misappropriation is sometimes referred to as "_________________" |
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Definition
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Term
A ________ distorts or closely ______ another work to make fun of the orginal work. |
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Definition
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Term
A parody is _____ ______. |
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Definition
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Term
A license that all affected copyright owners are required by law to grant and for which a license fee is established by the government |
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Definition
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Term
A "______" License must be obtained from the music publisher or songwriter that controls the composition |
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Definition
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Term
A synch license must be obtained from the music publisher songwriter that controls the composition when a composition is recorded in production with:
1)
2)
3)
4)
5) |
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Definition
Soundtrack of a film
Television Program
Video Production
Recorded as a part of commercial
Recorded promotional announcement |
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Term
Musical Compotion are the
1. _____ & _______
2. Copyright held by ________ Company
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Definition
Note& Lyrics
Publishing Company |
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Term
Owner of copyrighted musical composition has the exclusive right to control its _______ _______ |
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Definition
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Term
Sound Recordings are the ______ as ______or ______ by a particualr _______ ______ and contained in a ____, ______file or other ______ ______. |
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Definition
song; sung; performed; recording artists; CD; Digital; recorded medium. |
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Term
Sound recording copyright is held by the _______ _______. |
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Definition
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Term
__________ ___________ ____________ provides the rights to use all the music in _______, which it licenses on behalf of the copyright owners. |
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Definition
Performing Rights Organizations; PRO's |
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Term
Songwriters and publishers in the U.S are typically associated with one of these three PRO's
1.
2.
3.
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Definition
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Term
_________ & ________ are governed by anti-trust consenst decresses administered by the federal courts.
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Definition
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Term
Issues
Copyright owners
1) ______ control of _____ _____
2) Losing _______
3) Disfavor broader _____ ______ privilege
4) ______ by threatening _______ claim |
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Definition
1) Losing; digital works
2) income
3) fair use
4) Censor; infrigement |
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Term
Issues -- Users of Copyrighted materials
1) Restricted by _____ _____ doctrine
2) Restricted by threat of ______ _______
3) Sometimes cavalier about _____ ______ |
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Definition
1) Fair Use
2) infringment suits
3) Copyright ownership |
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Term
Why Copyright?
"Congress has power to ______ the Progress of _____ and the useful ______, by securing for ______ _____ to Authors and ______ the exclusive right to their respective __________ and _________" |
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Definition
promote; Science; Arts; limited times; Inventors; Writings; Discoveries |
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Term
Copyright is for _____ ______ to stimulate _____ & ____ for everyone's ______. |
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Definition
Social benefit; science; arts; benefit. |
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Term
Authors control _______ in _______ law
Inventors control _______ in _____ law |
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Definition
writings; copyright
discoveries; patent |
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Term
"writins" include
1)
2)
3)
4)
5) All _______ "________" |
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Definition
1)Books
2) Papers
3) photos
4)CD's
5) All creative expression |
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Term
For a "______ time"
_______ on inventions_____years, then ______ domain
(the reason for _______) |
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Definition
Limited; Patents; inventions;20; public; generics |
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Term
For a limited time, Copyright on original "writings"
_____ of _____ + ___ years
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Definition
Life of Author + 70 years |
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Term
First U.S. Copyright Law, 1790 protected a:
_______, _____ or _______ |
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Definition
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Term
___________ works of authorship: Fixed in any ______ _______of _______ from which they can be _______, _______, or otherwise __________ |
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Definition
Original; tangible; medium of expression; perceived, reporduced; communicated |
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Term
Original works of authorshp include:
1
2
3
4
5
6
7 |
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Definition
Literary, musical, dramatic, audiovisual, pictorial, graphic, sculptural |
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Term
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Definition
books, newspapers, magazines, newsletters, annual rports, advertisements, computer programs, ect. |
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Term
_____________ is a modicum of _______effort; not plagiarized; ______qualitiy unnecessary. |
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Definition
Orginality; intellectual; Aesthetic |
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Term
Fixed in a tangible medium means to be
__________, __________. Captured on __________ chip. ___________. __________ |
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Definition
Written, printed, captured on computer chip, painted, edited. |
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Term
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Definition
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Term
Photo of Obama (p.242-243)
Burrow - Giles Lithographic Co. v. Sarony
Originality? |
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Definition
Poses, arrangements, selections, composition, placements |
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Term
Compilation
*______________
*______________
*__________ or pre-existing materials
e.g. |
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Definition
* Original selection
* Coordination
* arrangment of pre-existing materials
e.g., databases, stock lists |
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Term
Compilation is
NOT ____
NOT "____________"
NOT _______ list
Case Associated: ___________ v ____________ |
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Definition
NOT effort
NOT "sweat of the brow"
NOT alphabetical list
Case Associated: (Feist Publication v. Telephone Services) |
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Term
Collective work is the collections of ___-_____ _____ works.
e.g. _______ (individual articles may be _______) |
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Definition
Pre-existing; epressive;
e.g:Magazine (individual articles may be copyrighted) |
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Term
Copyright on collective work covers _____ work in collection.
Individual works in collection may retain ______ copyright. |
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Definition
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Term
Derivative Work:
____________ or ___________
E.g, _________ from _______
______ from ______play
_______ from book
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Definition
Transformation or Adaptation
e.g., screen play from book
film from screen play
film from book |
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Term
Derivative work
Copyright not "________"
Is "______" |
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Definition
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Term
The Harry Potter Lexicon an ___________derivative work. |
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Definition
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Term
NOT Copyrightable works:
1)
2)
3)
4)
5) |
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Definition
Ideas, facts, procedures, processes.
Useful items |
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Term
Useful Items: ____, _____, _____ and ______ |
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Definition
Tables
typefaces
formats
layouts
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Term
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Definition
Let's oppose nuclear plant |
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Term
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Definition
Hitler led Germany in WWII |
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Term
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Definition
Attach tab "b" to Cutout "A" |
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Term
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Definition
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Term
COPYRIGHT DURATION:
For a "Limited time"
Individual:_____ of ____+____ yrs.
Company: ___ yrs. from _____
___yrs. from ____________
Case Associated: ______ v. _______ |
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Definition
Individual: Life of author + 70 years
Company: Shorter of 120 years from creation
95 years from publication
Eldred v. Ashcroft |
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Term
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Definition
Notice
Registration
Deposit |
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Term
Notice : _____ _____ or word "________" or abbreviation for _______, "____." |
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Definition
Copyright symbol; copyright; corp |
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Term
Notice cont
Plus ____ of original publication plus _____ of copyright __________. |
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Definition
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Term
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Definition
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Term
A notice is ____ required for a _________ claim. Good idea to _______ _______ bc it warms would be ________ & it shows author __________ _________. |
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Definition
Not; copyright; post notice; infringers; understands rights. |
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Term
Registration and Deposit
* Register with Register of Copyrights _____ _____.
* Deposit ____ copies of published work ______ _____ & deposit _______, _______ |
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Definition
pay fee; two; Group registration; free lancers; peridoicals |
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Term
_______________ is required to bring __________ suit. |
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Definition
Registration; infringement |
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Term
___________ damages up to $150,000 if infringement occurs after __________. |
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Definition
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Term
Author
1. work within ______ of ________.
2. commissioned ____-_____-_____ agreement signed. |
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Definition
scope; employment; work-for-hire; |
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Term
Copyright Ownership -- Works made for hire
1. _____ _____ & ______ workers are not usually "employees"
2. Free lancers on commision may be asked to ______ _____-_____-______ contracts. |
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Definition
Free lancers; independent; sign work-for-hire |
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Term
Work for hire contract ________ all _______
Freelance work submitted with ___ __________ allows one-time publication. |
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Definition
transfers; rights;no contract |
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Term
Federal government does not copyright _________.
State Governments do not copyright ____________. |
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Definition
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Term
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Definition
1) Copying
2) Derivative Works
3) Distribution
4)Display
5) Performance |
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Term
Moral Rights
-- Copying : Illicit copying is _____ ______ |
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Definition
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Term
Rights Copying
_____ servers closed.
Diplomatic efforts to stop _____
" you can ____ but you can't ____" |
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Definition
Illegal; piracy; "you can click but you can't hide." |
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Term
Rights Distribution
1)
2)
3)
4)
5)
6) |
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Definition
Publish
Sell
Rent
Loan
Broadcast
Webcast |
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Term
Rights Distribution
"____ ____" doctrine: Author decides ______to distribute or not.
Case Associated: _____v.______. |
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Definition
"First Sale" Doctrine: author decides whether to distribute or not.
Case Associated: Harper & Row Publisher v. Nation Enterprises. |
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Term
Harper & Row v. Nation
Copyright infringement to publish ______ excerpts from rival _______. Nation lost _____ of _________. Nation's contract to publish _______. |
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Definition
stolen; publisher; control; publishing; violated. |
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Term
Publishers need ________ permission to make "____" publication in database. But ________ permission not needed for publishers to make ___-____ archives.
Case Associated: _____ v. ______ |
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Definition
freelancers; "new"; CD-ROM; NYT v. Tasini |
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Term
Result of Tasini
Publishers require _______ sign ____-for- ____ agreements. |
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Definition
freelancers; work-for-hire |
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Term
Rights Public Performance
1)Live: ___, ___, concert hall
2)
3)
4)
5) |
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Definition
1) Clubs, tv, concerthall
2) Film
3) Broadcast
4) Webcast
5) Podcast |
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Term
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Definition
Art Gallery
Posters
Computer Screen |
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Term
Public Display
works "_______" from computer where they are stored.
Not display to link and "____ ___" to other websites. |
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Definition
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Term
Not a public display to use _______ photos as "______" to website. Perfect 10 |
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Definition
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Term
Public Performance
Distinguish the song (________ & ______) from the sound recording: (a _____ on a ____) |
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Definition
Composition; lyrics
Band; CD |
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Term
Musical Composition is ____ _____. ______, ad _______, podcasters need ____________ licenses. |
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Definition
The song. Filmakers, ad agencies, podcasters need synchronization licenses. |
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Term
Sound Recordings
Radio Stations ____ for the song
--the _____________-- not the ___________.
Radio stations can simultaneously _________. |
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Definition
Radio stations pay for the song; the composition, not for the recording and radio stations can simultaneously webcast. |
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Term
Fimmakers, advertisers, webcasters who schedule music or serve subscribesr ____ _____ for the song
---the ___________---
&
for the ________ _______ |
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Definition
Filmmakers, advertisers, webcasters who scedule music or serve subscribers pay royalties for the song -- the composition & for the sound recording. |
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Term
Sound recording and Compulsory licenses -- ___ permission needed to perform program, but _____ must be paid. |
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Definition
Sound recording and Compulsory licenses -- no permission needed to perform program, but royalties must be paid. |
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Term
Sound Recordings -- Compulsory Licesnses
Cable operators drawing from _______ ________. Direct satellite to ____________ homes. _________ phone companies using _____________. |
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Definition
distant stations; underserved; Cell; ringtones |
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