Term
Copyrights
Trademarks
Patents
Trade Secrets
Right of Publicity |
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Definition
(protect artistic creations) (protect business logos, marks, slogans) (protect inventions) (secrets kept by businesses) (a person’s right to their name, likeness, image, persona) |
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Term
Statute of Anne, 1710
U.S. Constitution, 1787
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Definition
(England, protects authors) (included laws of intellectual property or creative ideas)
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Term
What do Copyrights Protect? How are Copyrights Regulated?
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Definition
Artistic Creations: music, books, plays, movies, dance, photographs, paintings, sculptures, computer programs, architecture, graphic arts, etc. By the Library of Congress/U.S. Copyright Office
By Federal Statutes, such as the Copyright Act of 1976
By Federal Court Cases |
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Term
| How Can I Get a Copyright? |
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Definition
Copyright is acquired when an original work is fixed in a tangible medium.
The person or entity that creates the work is known as the author.
The author may register the work with the U.S. Copyright Office.
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Term
| How Long Does a Copyright Registration Last? |
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Definition
If the author of the work is an individual, the registration lasts for the lifetime of the author + an additional 70 years.
If the author of the work is a corporation, the registration lasts for 120 years from the date of creation (unpublished) or 95 years from the date of publication.
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Term
A work is legally created when? A work is legally published when |
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Definition
it is fixed in a tangible medium (perceptible form) for the first time. (Mid-term) it is distributed to the public for sale, license, rental, lease or, in the case of libraries, lending. (Beware: “publicized” and “published” aren’t the same thing!)
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Term
| What Does Copyright Protection Give an Author? |
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Definition
5 Exclusive Rights:
To Reproduce the Work (copies)
To Distribute the Work
To Make Derivates of the Work (spin off)
To Display the Work
To Perform the Work
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Term
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Definition
The Congress shall have the power to…promote the progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
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Term
| The Copyright Act of 1909 |
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Definition
Applies to published works between 1909-1978.
We must follow this law when using older works!
Unpublished works were protected by common law copyright, where available.
Basically, a “problematic” statute:
No moral rights
Didn’t protect all types of creative works
Copyright notice required for protection – or else!
Conflicted with European copyright laws
Registration had to be renewed or protection was lost
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Term
| The Copyright Act of 1976 |
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Definition
Protects works created on or after Jan. 1, 1978.
Protects published and unpublished works.
No more need to renew registration.
Notice of copyright is no longer required.
Permits registration and protection for all forms of creative works.
Defined “creation.”
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Term
| The Berne Convention Implementation Act (1989-90) |
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Definition
Amendments were made to the 1976 Copyright Act so that the U.S. could join the Berne Convention.
Today, 163 countries belong to this important treaty.
Changes:
Moral rights had to be given to artists.
Architectural works had to be protected.
The old copyright notice rule had to go!
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Term
| The GATT Amendments (1994) |
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Definition
More changes to the 1976 Copyright Act! New IP laws are included as a part of the General Agreement on Tariffs & Trade (GATT)
It now becomes illegal to rent computer programs.
It now becomes illegal to make bootleg copies of live music performances and music videos.
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Term
| The Sonny Bono Copyright Term Extension Act (1998) |
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Definition
Sometimes called the “Mickey Mouse” Act.
Extends copyright registration/protection for an additional 20 years on all new works, as well as those dating back to 1928.
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Term
| The Digital Millennium Copyright Act (1998) |
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Definition
Makes it illegal to circumvent anti-piracy devices.
Prohibits the removal of digital watermarks.
Limits liability for ISPs in case of online infringement.
Provides licensing standards and royalty payments for webcasts.
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Term
In addition to treaties and statutes, copyright law can also be found in:
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Definition
Federal court decisions which interpret the statutes, treaties, and U.S. Constitution, and
Circulars, bulletins, and administrative rulings made by the Library of Congress/U.S. Copyright Office.
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Term
| When is a Work “Original” |
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Definition
A work is “original” when it is original to the author (i.e., not a copy of someone else’s work!)
It has at least some slight degree of creativity.
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Term
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Definition
when it is embodied in a tangible (touchable) medium that is perceptible by the human senses or with the aid of a machine.
The medium has to be stable enough to permit the work to be perceived, reproduced, or communicated for more than just a brief period of time.
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Term
If I sell copies of my work, I am not actually selling the work itself! T/F |
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Definition
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Term
| The 8 Categories of Works of Authorship |
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Definition
Literary Works
Musical Works
Dramatic Works
Pantomimes and Choreographic Works
Pictorial, Graphic, & Sculptural Works
Motion Pictures & Other Audiovisual Works
Sound Recordings
Architectural Works
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Term
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Definition
These are works expressed in words, numbers, or other verbal or numerical symbols.
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Term
| Non-Dramatic Musical Works |
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Definition
A musical work is a musical composition.
The composition may be either instrumental or include accompanying lyrics. Both music and lyrics are protected!
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Term
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Definition
Usually “plays” prepared for stage.
Also includes movies, radio and TV (including any accompanying music).
It is generally a narrative presented by means of dialogue and action, with performance directions.
Can be embodied in a manuscript, video, or other form of fixation.
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Term
Pantomime (“mime”) Choreography |
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Definition
is a mute performance with expressive communication. is the composition and arrangement of dance steps, often with music. |
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Term
| Pictorial, Graphic & Sculptural Works |
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Definition
Works of 2- and 3-dimensional visual art.
Examples: photographs, paintings, sculptures, prints, etc.
Can be reproduced on functional objects (useful articles).
The only classification to receive automatic moral rights under the Berne Convention.
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Term
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Definition
The author’s right to receive name credit (attribution); and
To control the destiny of the work (integrity).
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Term
Audiovisual works: Motion pictures: |
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Definition
a series of related images intended to be shown by machines such as projectors, including accompanying sounds, if any. audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, including accompanying sounds. |
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Term
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Definition
A work resulting from the fixation of a series of musical or other sounds, such as narration, spoken words, environment, etc.
For musical works embodied on sound recordings, consists of the work of the performer(s), producer(s) and engineer(s).
Also, sound recordings are embodied in phonorecords…… not copies
Copyright is usually held by the record label.
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Term
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Definition
The design of a building (or bridge) embodied in any tangible medium: blueprints, model, buildings, etc.
The building, plans, etc. cannot be reproduced without permission, but photos can be freely taken if the building is in a public place.
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Term
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Definition
The right to Reproduce the work;
The right to Distribute copies of the work;
The right to make derivatives of the work;
The right to Perform the work publicly; and
To Display the work publicly.
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Term
Both derivative works and compilations use pre-existing works or materials.
With a derivative work, the author transforms or modifies the existing work.
With a compilation, the author (or editor) assembles, selects, or organizes pre-existing material.
T/F |
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Term
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Definition
A derivative work is based on one or more pre-existing works.
A derivative work also requires that the new work creatively transform or adapt the work upon which it is based.
Examples: making a book into a movie; translating a book into another language; making a new arrangement (or “cover”) of a song; making a new edition, version, or update to software or books; movie and TV spin-offs and sequels.
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Term
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Definition
| is formed by collecting and assembling pre-existing material or data to result in a work of authorship. |
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Term
| Feist Publications v. Rural Telephone Service Co., 499 U.S. 340 (1991). |
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Definition
Plaintiff: Feist Publications
Published the larger telephone directory that Rural Telephone copied.
Defendant: Rural Telephone
Rural Telephone originally requested a license to copy Feist’s directory but was denied. So they copied it regardless.
District and Appellate Courts found in favor of Feist, but Rural successfully petitioned to have the the Supreme Court review the decision by writ of certiorari |
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Term
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Definition
is a special type of compilation. Here, a number of separate and independent copyrightable works are assembled and collected into a collective whole.
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Term
Beware !!
a copyright on a collective work will protect the order and selection of works assembled but not the individual works themselves T/F |
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Definition
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Term
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Definition
This is a functional object that has a purpose (example: t-shirt or mug).
If an artistic image is placed on it, the image will be protected by copyright but not the useful article!
Example: a photograph on a mug or t-shirt.
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Term
Copyright law will not protect methods, formulas, devices, processes, inventions, or devices used to calculate measurements.
These are properly protected by patents! T/F |
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Definition
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Term
Copyright law will not protect facts or theories. They are free for anyone to use!
Only an author’s unique way of expressing facts and theories is capable of protection T/F |
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Definition
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Term
| Copyright law will not protect names, titles, short phrases, slogans, or business logos. These are properly protected by trademarks |
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Term
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Definition
Copyright law will not protect works in the public domain. Anyone is free to use them!
Any work published in the U.S. before 1923 is now in the public domain.
Works can enter the public domain if the copyright expires or is forfeited.
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Term
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Definition
Works dedicated to the public, labeled “royalty free” or “copyright free”;
“Freeware”;
Works created by federal employees as part of their duties.
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Term
| The First Sale Limitation |
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Definition
In general, the buyer of a copy can freely resell, rent, or destroy that copy, without the copyright owner’s permission.
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Term
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Definition
Fair Use allows the public to use copyrighted material for limited purposes, without seeking permission from the copyright owner.
Fair Use is permitted as a form of “freedom of expression” under the First Amendment of the U.S. Constitution.
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Term
| Permissible Examples of Fair Use: |
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Definition
Commentary
Criticism
Illustration
News Reporting
Teaching
Research
Scholarship
Parody
Governmental/Judicial Proceedings
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Term
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Definition
What is the purpose and character of the use? (Commercial? Non-profit?)
What is the nature of the copyrighted work? (Published? Unpublished? Fiction? Non Fiction?)
What amount and substantiality was taken in relation to the work as a whole? (Tiny piece or “soul?”)
What is the effect of the use on the marketplace or the work’s value?
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