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| A form of propert ownership for certain artistic and creative works. |
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| What kind of propert is copyright? |
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| Intangible and personal property (different that tangible property because it is not determined by possession.) |
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| What does a copyright do? |
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| Gives the holder/owner a monopoly in the work for a limited duration. |
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| What are the 5 Exclusive Rights granted to the copyright owner? |
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| (1) Right to copy/Reproduction right, (2) Right to distribute, (3) Right to derivative works, (4) Right of public performance, (5) Right of public display |
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| What do the exclusive rights do for the copyright owner? |
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| Gives them the ability to exclude everyone else from doing the things mentioned in the seperate rights. |
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| How is a copyright created? |
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| A monopoly in the work and the 5 exclusive rights are granted to a copyright owner when certain criteria is met? |
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| What is the nature of the criteria that must be met to grant someone ownership of a copyright? |
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| Work must be (1) an original work independently created w/ at least a small spark of creativity, and (2) fixed in a tangible medium of expression that is sufficiently permanent |
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| Is registration required for a copyright? |
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| No, but it does have certain benefits |
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| What part of the work does copyright protect? |
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| The expression of the work (not the general ideas, facts, short phrases, titles, public domain, or other unfixed works) |
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| The expression of a musical work includes: |
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| Melody, Lyrics, Words used to express ideas, the notes used to express musical ideas |
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| What are the 2 requirements for Joint Ownership of a copyright? |
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| (1) Parties must intend to create a joint work [time and place don’t matter — only intent], (2) Both parties must contribute |
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| What is an inseperable joint copyright? |
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| When joint authors each contribute a non-copyrightable contribution, and when combined the result is a copyrightable work |
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| What is an interdependent joint copyright? |
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| When both author’s contributions are copyrightable on their own. |
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| What are the Rights and Duties of Joint owners? |
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| Co-owners can make up their own rules as long as they are in writing |
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| What are the default rules for Joint Owners of a copyright? |
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| (1) Equal, undivided ownership interests [regardless of what each author contributed to the work], (2) Each author has the right to use the work or grant others a non-exclusive license to use the work, (3) Duty to Account: if one author gets paid he must alert and pay all other joint authors |
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| What are the two types of Copyright transfer? |
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| Assignment and Exclusive License |
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| What does it mean to transfer ownership of a copyright via Assignment? |
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| When a copyright owner transfers part or all of their interest in a copyrighted work |
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| What does it mean to transfer copyright ownership via an Exclusive License? |
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When a copyright owner transfers one
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or more of their exclusive rights but retains one or more rights as well.
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| The copyright owner has the exclusive right to make copies. |
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| Exceptions to the reproductive right? |
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| (1) Mechanical Compulsory License, (2) Arrangement Privilege |
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| Mechanical Compulsory Lisence |
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| Allows third parties to record and make copies of the copyright holders work without their permission so long as (1) The copyrighted song has already been released to the public, (2) The distribution of the song for private use. |
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Allows one to conform the work to the style or manner of interpretation of a new performance.
Cannot change melody or fundamental character — if a major change occurs it is a derivative work and a negotiated license is needed.
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| Using part of an existing work in order to create a new work. |
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| A copyright owner has the exclusive rights in Derivative works. |
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| Requirements for a derivative work: |
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| (1) It must borrow from another work, (2) Must transform, recast, or adapt the original work |
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| A derivative of a sound recording. |
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| A collage of multiple sound recordings combined to create a single recording. |
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| What happens when the copyright term expires? |
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| The work goes into the public domain, and anyone can make copies, derivative works, distribute, perform, or display the work. |
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| Exceptions to the copyright owner’s exclusive rights: |
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Compulsory Licenses, Fair Use, and Independent Creation.
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| What is a Performance as defined by the copyright act? |
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| Not just the initial rendition of a work but also any further act by which the rendition is transmitted or communicated. |
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| What is a Private Performance? |
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| A place not opened to the public — you and a few friends. |
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| What four categories of performances that are classified as Public Performances? |
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| (1) Anytime a work is performed at a place open to the public, (2) Where a substantial number of people other than family and friends are gathered, (3) When a work is transmitted to the public where a substantial number of people other than family and friends are gathered, (4) A public performance occurs when a work is transmitted by a device. |
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| How is streaming different than downloading? |
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| A download is a reproduction — not a performance. |
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| Why do restaurants have to pay for the music they play? |
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| Music contributes to the atmosphere of the business and increases profitability and is used by restaurants to make a profit. |
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| They issue licenses to businesses to play their members’ music. |
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| How do songwriters and publishers get paid for their performances? |
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| Through those licenses — the PRO’s sample what music is being played and then pay accordingly. |
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| How are the royalties divided if one person wrote the song and a publisher owns the copyright? |
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| 50% to each unless they have a written contract that states otherwise. |
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| What is the face to face teaching activities limitation of the public performance right? |
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Exempts the performance of copyrighted works by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction.
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| What is the duration of a Copyright? |
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It is limited to the life of the author plus 70 years.
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| When copyright duration ends? |
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| The work goes into the public domain. |
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| Once a work is in the public domain? |
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| The copyright owner loses monopoly and everyone can copy, distribute, make derivative works, publicly perform, or publicly display the work freely. |
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| What are the 3 things to remember when trying to determine the copyright duration of a work? |
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| Divide works into 3 catagories: (1) Works created beginning in 1978, (2) Works created but not published before 1978, (3) Works published before 1978. |
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| Life of the 70 year term begins after the death of the last surviving author. |
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| What is an anonymous work? |
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| No natural person is identified in the work — so if it is owned by a company. |
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| Why would someone make a pseudonymous work? |
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| If he were about to die — he would get 95 years or 125 which ever occurs first. |
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| What are the benefits of registering? |
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| (1) Creates a public record of your claim, (2) Provides prima facie evidence of ownership, (3) Gives copyright owner the ability to file suit. |
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| So what happens if someone’s copyright has been infringed, but they have not registered? |
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| They need to register before they can file their suit. |
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| Who can sue for infringement? |
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| Anyone who owns a part or has an exclusive right in a copyright can sue someone for infringement (can be as small as 1%) |
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| How does one prove infringement? |
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| One must prove ownership of the copyright and copying of the copyrighted work. |
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| The two elements need to prove copying are: |
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| (1) access to the copyrighted work [reasonable access more than a bare possibility], (2) Substantial similarities [proof that copying occurred and that it was an improper appropriation or copied protected elements of the song] |
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| What are two common ways for copying to occur? |
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(1) Infringer directly copies work through duplication
(2) Infringer copies part of work.
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| What is direct evidence of Access? |
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| What is circumstantial evidence of access? |
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| If the work is well known and widely available to the public it is easier and more likely to find access [If work was available to defendant] |
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| Substantial Similarity Test |
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(1) Plaintiff must prove that what the defendant copied is
copyrightable subject matter, (2) the ordinary person [the jury] determines if the defendant took
from the plaintiff’s.
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| Why is the substantial similarity test difficult? |
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| It asks the ordinary person whether the defendant took from the P’s work so much of what is pleasing to the ears. |
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| What are the four types of infringement? |
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| (1) Direct infringement – Person who actually commits the infringing act, (2) Contributory – When a party has knowledge of the infringing activity, (3) Vicarious – When the defendant has the right and ability to control an infringers activity, (4) Inducement – Encourage of infringement. |
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| A privilege that allows someone other than the copyright owner to use a copyrighted work in a reasonable manner without the owner’s consent. |
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| What is the fair use balancing test? |
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| Between social benefit the public derives and the interest of the copyright owner. |
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| The four factors a court must look at to determine fair use: |
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| (1) The purpose and character of the work, (2) The nature of the copyrighted work, (3) The amount and substantiality of the portion used, (4) The effect of the use upon the potential market for or value of the copyrighted work. |
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| What is innocent intent and is it still copyright infringement? |
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| When a person infringes a work unintentionally. It is still copyright infringement, but the damages are less. |
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| Is a person who mistakenly violates a copyright guilty of infringement? |
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