Term
| What are the five exclusive rights of the copyright owner? |
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Definition
Reproduce the work
Perform the work publicly
Display the work publicly
Derive from the work
Distribute the work
RP3D |
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Term
What is the duration of copyright for an individual?
For joint authors?
For a company? |
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Definition
Individual: Life + 70 years
Joint Authors: Life of last living author + 70 years
Company:
95 years if published
120 years if not published |
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Term
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Definition
A work is legally created when it is fixed in
a tangible medium (perceptible form) for
the first time. |
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Term
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Definition
A work is legally published when it is
distributed to the public for sale, license,
rental, lease or, in the case of libraries,
lending. |
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Term
| When is a work considered fixed? |
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Definition
| When it is stable enough to be perceived or communicated for more than a brief amount of time |
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Term
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Definition
| the author transforms or modifies the existing work (adaptations) |
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Term
| Explain the difference between a compilation and a collective work. |
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Definition
Comp: the author (or editor)
assembles, selects, or organizes pre-existing
material.
Collective: separate and independent copyrightable works are assembled and collected into a collective whole. |
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Term
| What things are not protected by copyright? |
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Definition
| Ideas, Titles, Things that can be patented or trademarked, Facts, Theories, Measurements, Names, Phrases |
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Term
| When is a performance considered public? |
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Definition
| When it is more then just your friends and family that are gathered |
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Term
How does a work wind up in the public domain?
What sort of protection are public domain works entitled to? |
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Definition
Copyright expires, forfeited, donated, federal gov't works
No Protection |
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Term
What are moral rights?
To what type of works do they apply?
Which Act gave these rights to U.S. authors? |
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Definition
Attribution - the authors right to receive name credit
Integrity -
Fine Arts - sculptures, art in museum, etc
Burne convention |
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Term
| Who is considered an author? |
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Definition
| Anybody who creates a tangible piece of work |
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Term
What is the difference between an employee and an independent contractor?
List the factors used to determine this status. |
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Definition
Employee - company retains rights to work
Independent contractor - retains the rights to their own work.
(Benefits, salary, duration, who provides tools and materials) |
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Term
Why is it necessary to understand the Copyright Act of 1909?
What are some of its limitations? |
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Definition
Some pieces of work is still protected under 1909 act
Had to be renewed after 14 years
Had to be noticed
Architecture and sound recording not protected |
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Term
What is a functional object?
What aspects of it may be protected by copyright? |
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Definition
A thing that does something (not art)
A copyrightable image on or attached to it |
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Term
Absent a collaboration agreement, what are the rights of joint authors?
How do you determine joint authorship? |
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Definition
An Equal Split - Both/all of them and you don't need permission from the other author
Intent: works merged - joint authors both contributed |
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Term
| What are the common ways for a company to acquire copyrights? |
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Definition
| Work for Hire, From employees; hire people, Buy them outright, Collect on default of loan, Put in will/inherit it |
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Term
What is Fair Use?
How is it determined?
What are some examples of fair use? |
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Definition
allows the public to use copyrighted material for
limited purposes, without seeking permission from the
copyright owner.
The four factors test:
Amount of work that is taken
Purpose and character of use
nature of work that was taken
Economic impact on original work
Examples: News, Education, Parodies, Criticism, Scholarships, News reporting, illustrations |
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Term
| What is the legal presumption created by registration? |
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Definition
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Term
| How can a copyright become subject to an involuntary transfer? |
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Definition
| Default on a loan, Divorce, Death |
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