Term
| 3 Criteria a work has to meet to get a copyright. |
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Definition
1. Original
2. Modicum of Creativity (just a wee bit - more than a grocery shopping list)
3. Fixation (has to be fixed - you can walk away and it is still there) |
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Term
| What cannot be copyrighted? |
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Definition
1. Facts and Ideas
2. Procedures, Processes and Systems
3. Titles and Names
4. Scenes a fair (repeated literary themes)
5. US Government works
6. Works in the public domain |
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Term
| What are you allowed to do with a work in the public domain? |
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Definition
| Others can use it for creative purposes. |
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Term
| What is the difference between direct and vicarious liability for copyright infringement? |
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Definition
Direct is that the indvidual who infringed is directly responsible.
Vicarious is for those who has the right and ability to supervise the individual doing the infringing (like respondeat superior)and direct financial interest in the infringement. |
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Term
| What is contributory infringement? How is it different? |
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Definition
| Knowingling induce or cause or contribute to the infringing conduct of others (but not benefiting financially). Case of ISP. |
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Term
| What is the relationship between copyright law and freedom of expression? |
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Definition
| Freedom of Expression could appear to have a conflict with copyright. Someone could say that their FoE is violated because they cannot express what is in the copyrighted work. Courts say this is not valid. The facts are not copyrighted, only the creative part. Copyright issues are not 1st amendment issues. |
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Term
| What is the idea/expression dichotomy? |
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Definition
| It limits the scope of copyright protection by differentiating between the idea and the expression of the idea. Free communication of facts while still protecting the author's expression. |
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Term
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Definition
| The right to make fair use of a copyrighted work under certain circumstances like commentary. There are four factors taken under consideration on a case-by-case basis: |
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Term
| Four criteria will a court considier when deciding whether an unauthorized use is fair? |
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Definition
1. purpose and character of the use (not commercial in nature, etc.)
2. The nature of the copyrighted work
3. The amount of the portion used in relation to the whole
4. The effect of the use upon the potential market for or value of the work. |
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Term
| Why is it hard to know if fair use will apply in any particular instance? |
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Definition
| The four criteria are analyzed individually and analyzed. The results of the analysis are weighed together in light of the copyright's goals. Case-by-case basis in court. |
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Term
| When are parodies protected by fair use? |
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Definition
1. Must imitate the characteristic style of an author or a work for comic effect or ridicule
2. Must be targeted at the work or its creator, not someone else
3. Does not harm its market value or take the place of the work in the market |
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