Shared Flashcard Set

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Copyright Law
Final -- Comm Law
80
Law
Undergraduate 4
05/05/2011

Additional Law Flashcards

 


 

Cards

Term
The Law of Unfair Competition
Definition
Misappropriation and Trademark
Term
Misappropriating; similar; titles; trade; secrets; Advertising
Definition
____________the work of others, using ________ _______ in a misleading way, stealing______ ________, and _________ falsely
Term
The tort of misappropriation is sometimes referred to as "_________________"
Definition
Piracy
Term
A ________ distorts or closely ______ another work to make fun of the orginal work.
Definition
Parody; imitates
Term
A parody is _____ ______.
Definition
Fair Use
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
Definition
Statutory License
Term
A "______" License must be obtained from the music publisher or songwriter that controls the composition
Definition
Synch
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)

Definition

Soundtrack of a film

Television Program

Video Production

Recorded as a part of commercial

Recorded promotional announcement

Term

Musical Compotion are the

1. _____ & _______

2. Copyright held by ________ Company

 

 

Definition

Note& Lyrics

Publishing Company

Term
Owner of copyrighted musical composition has the exclusive right to control its _______ _______
Definition
Public Performance
Term
Sound Recordings are the ______ as ______or ______ by a particualr _______ ______ and contained in a ____, ______file or other ______ ______.
Definition
song; sung; performed; recording artists; CD; Digital; recorded medium.
Term
Sound recording copyright is held by the _______ _______.
Definition
Record Company
Term
__________ ___________ ____________ provides the rights to use all the music in _______, which it licenses on behalf of the copyright owners.
Definition
Performing Rights Organizations; PRO's
Term

Songwriters and publishers in the U.S are typically associated with one of these three PRO's

1.

2.

3.

 

Definition

ASCAP

BMI

SESAC

Term

_________ & ________ are governed by anti-trust consenst decresses administered by the federal courts.

 

 

Definition
ASCAP & BMI
Term

Issues

Copyright owners

1) ______ control of _____ _____

2) Losing _______

3) Disfavor broader _____ ______ privilege

4) ______ by threatening _______ claim

Definition

1) Losing; digital works

2) income

3) fair use

4) Censor; infrigement

Term

Issues -- Users of Copyrighted materials

 

1) Restricted by  _____ _____ doctrine

2) Restricted by threat of ______ _______

3) Sometimes cavalier about _____ ______

Definition

1) Fair Use

2) infringment suits

3) Copyright ownership

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 _________"

Definition
promote; Science; Arts; limited times; Inventors; Writings; Discoveries
Term
Copyright is for _____ ______ to stimulate _____ & ____ for everyone's ______.
Definition
Social benefit; science; arts; benefit.
Term

Authors control _______ in _______ law

Inventors control _______ in _____ law

Definition

writings; copyright

 

discoveries; patent

Term

"writins" include

1)

2)

3)

4)

5) All _______ "________"

Definition

1)Books

2) Papers

3) photos

4)CD's

5) All creative expression

Term

For a "______ time"

_______ on inventions_____years, then ______ domain

 

(the reason for _______)

Definition
Limited; Patents; inventions;20; public; generics
Term

For a limited time, Copyright on original "writings"

 

_____ of _____ + ___ years

 

Definition
Life of Author + 70 years
Term

First U.S. Copyright Law, 1790 protected a:

 

_______, _____ or _______

Definition
Book, map or chart
Term
___________ works of authorship: Fixed in any ______ _______of _______ from which they can be _______, _______, or otherwise __________
Definition
Original; tangible; medium of expression; perceived, reporduced; communicated
Term

Original works of authorshp include:

1

2

3

4

5

6

7

Definition
Literary, musical, dramatic, audiovisual, pictorial, graphic, sculptural
Term

Literary works include

 

7

Definition
books, newspapers, magazines, newsletters, annual rports, advertisements, computer programs, ect.
Term
_____________ is a modicum of _______effort; not plagiarized; ______qualitiy unnecessary.
Definition
Orginality; intellectual; Aesthetic
Term

Fixed in a tangible medium means to be

__________, __________. Captured on __________ chip. ___________. __________

Definition
Written, printed, captured on computer chip, painted, edited.
Term
Photos can be
Definition
Copyrighted
Term

Photo of Obama (p.242-243)

 

Burrow - Giles Lithographic Co. v. Sarony

 

Originality?

Definition
Poses, arrangements, selections, composition, placements
Term

Compilation

*______________

*______________

*__________ or pre-existing materials

e.g.

Definition

* Original selection

* Coordination

* arrangment of pre-existing materials

 

e.g., databases, stock lists

Term

Compilation is

NOT ____

NOT "____________"

NOT _______ list

 

Case Associated: ___________ v ____________

Definition

NOT effort

NOT "sweat of the brow"

NOT alphabetical list

 

Case Associated: (Feist Publication v. Telephone Services)

Term

Collective work is the collections of ___-_____ _____ works.

 

e.g. _______ (individual articles may be _______)

Definition

Pre-existing; epressive;

 

e.g:Magazine (individual articles may be copyrighted)

Term

Copyright on collective work covers _____ work in collection.

 

Individual works in collection may retain ______ copyright.

Definition
ALL; Seperate
Term

Derivative Work:

 

____________ or ___________

 

E.g, _________ from _______

______ from ______play

_______ from book

 

Definition

Transformation or Adaptation

 

e.g., screen play from book

film from screen play

film from book

Term

Derivative work

 

Copyright not "________"

Is "______"

Definition

Unitary

divisible

Term
The Harry Potter Lexicon an ___________derivative work.
Definition
infringing
Term

NOT Copyrightable works:

1)

2)

3)

4)

5)

Definition

Ideas, facts, procedures, processes.

Useful items

Term
Useful Items: ____, _____, _____ and ______
Definition

Tables

typefaces

formats 

layouts

 

Term

Ideas

 

ex.

 

 

Definition
Let's oppose nuclear plant
Term

Facts:

 

ex.

Definition
Hitler led Germany in WWII
Term
procedures
Definition
Attach tab "b" to Cutout "A"
Term
Processes
Definition
QWERTY
Term

COPYRIGHT DURATION:

For a "Limited time"

 

Individual:_____ of ____+____ yrs.

Company: ___ yrs. from _____

___yrs. from ____________

 

Case Associated: ______ v. _______

Definition

Individual: Life of author + 70 years

 

Company: Shorter of 120 years from creation

95 years from publication

 

 

Eldred v. Ashcroft

Term

Copyright formalities

 

3

Definition

Notice

Registration

Deposit

Term
Notice : _____ _____ or word "________" or abbreviation for _______, "____."
Definition
Copyright symbol; copyright; corp
Term

Notice cont

 

Plus ____ of original publication plus _____ of copyright __________.

Definition
Date; name; owner
Term
Notice: place it _______
Definition
Prominently
Term
A notice is ____ required for a _________ claim. Good idea to _______ _______ bc it warms would be ________ & it shows author __________ _________.
Definition
Not; copyright; post notice; infringers; understands rights.
Term

Registration and Deposit

* Register with Register of Copyrights _____ _____.

* Deposit ____ copies of published work ______ _____ & deposit _______, _______

Definition
pay fee; two; Group registration; free lancers; peridoicals
Term
_______________ is required to bring __________ suit.
Definition
Registration; infringement
Term
___________ damages up to $150,000 if infringement occurs after __________.
Definition
Statutory; registration
Term

Author

 

1. work within ______ of ________.

2. commissioned ____-_____-_____ agreement signed.

Definition
scope; employment; work-for-hire;
Term

Copyright Ownership -- Works made for hire

1. _____ _____ & ______ workers are not usually "employees" 

 

2. Free lancers on commision may be asked to ______ _____-_____-______ contracts.

Definition
Free lancers; independent; sign work-for-hire
Term

Work for hire contract ________ all _______

 

Freelance work submitted with ___ __________ allows one-time publication.

Definition
transfers; rights;no contract
Term

Federal government does not copyright _________.

 

State Governments do not copyright ____________.

Definition
Records; laws
Term

Rights

1)

2)

3)

4)

5)

Definition

1) Copying

2) Derivative Works

3) Distribution

4)Display

5) Performance

Term

Moral Rights

 

-- Copying : Illicit copying is _____ ______

Definition
Big Business
Term

Rights Copying

 

_____ servers closed.

 

Diplomatic efforts to stop _____

 

" you can ____ but you can't ____"

Definition
Illegal; piracy; "you can click but you can't hide."
Term

Rights Distribution

1)

2)

3)

4)

5)

6)

Definition

Publish

Sell

Rent

Loan

Broadcast

Webcast

Term

Rights Distribution

 

"____ ____" doctrine: Author decides ______to distribute or not.

 

Case Associated: _____v.______.

Definition

"First Sale" Doctrine: author decides whether to distribute or not.

 

Case Associated: Harper & Row Publisher v. Nation Enterprises.

Term

Harper & Row v. Nation

 

Copyright infringement to publish ______ excerpts from rival _______. Nation lost _____ of _________. Nation's contract to publish _______.

Definition
stolen; publisher; control; publishing; violated.
Term

Publishers need ________ permission to make "____" publication in database. But ________ permission not needed for publishers to make ___-____ archives.

 

Case Associated: _____ v. ______

Definition
freelancers; "new"; CD-ROM; NYT v. Tasini
Term

Result of Tasini

 

Publishers require _______ sign ____-for- ____ agreements.

Definition
freelancers; work-for-hire
Term

Rights Public Performance

1)Live: ___, ___, concert hall

2)

3)

4)

5)

Definition

1) Clubs, tv, concerthall

2) Film

3) Broadcast

4) Webcast

5) Podcast

Term

Public Display

 

1

2

3

 

Definition

Art Gallery

Posters

Computer Screen

Term

Public Display

 

works "_______" from computer where they are stored.

 

Not display to link and "____ ___" to other websites.

Definition
"displayed"; "deep link"
Term
Not a public display to use _______ photos as "______" to website.  Perfect 10
Definition
thumbnail; "pointers"
Term

Public Performance

 

Distinguish the song (________ & ______) from the sound recording: (a _____ on a ____)

Definition

Composition; lyrics

 

Band; CD

Term
Musical Composition is ____ _____. ______, ad _______, podcasters need ____________ licenses.
Definition
The song. Filmakers, ad agencies, podcasters need synchronization licenses.
Term

Sound Recordings

 

Radio Stations ____ for the song

 

--the _____________-- not the ___________.

 

Radio stations can simultaneously _________.

Definition
Radio stations pay for the song; the composition, not for the recording and radio stations can simultaneously webcast.
Term

Fimmakers, advertisers, webcasters who schedule music or serve subscribesr ____ _____ for the song

 

---the ___________---

&

for the ________ _______

Definition
Filmmakers, advertisers, webcasters who scedule music or serve subscribers pay royalties for the song -- the composition & for the sound recording.
Term
Sound recording and Compulsory licenses -- ___ permission needed to perform program, but _____ must be paid.
Definition
Sound recording and Compulsory licenses -- no permission needed to perform program, but royalties must be paid.
Term

Sound Recordings -- Compulsory Licesnses

Cable operators drawing from _______ ________. Direct satellite to ____________ homes. _________ phone companies using _____________.

Definition
distant stations; underserved; Cell; ringtones
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