What are the five exclusive rights of the copyright owner?
Reproduce the work
Perform the work publicly
Display the work publicly
Derive from the work
Distribute the work


What is the duration of copyright for an individual?

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For joint authors?

For a company?

Individual: Life + 70 years

Joint Authors: Life of last living author + 70 years

95 years if published
120 years if not published

Define creation.
A work is legally created when it is fixed in
a tangible medium (perceptible form) for
the first time.
Define publication.
A work is legally published when it is
distributed to the public for sale, license,
rental, lease or, in the case of libraries,
When is a work considered fixed?
When it is stable enough to be perceived or communicated for more than a brief amount of time
What is a derivative?
the author transforms or modifies the existing work (adaptations)
Explain the difference between a compilation and a collective work.
Comp: the author (or editor)
assembles, selects, or organizes pre-existing

Collective: separate and independent copyrightable works are assembled and collected into a collective whole.

What things are not protected by copyright?
Ideas, Titles, Things that can be patented or trademarked, Facts, Theories, Measurements, Names, Phrases
When is a performance considered public?
When it is more then just your friends and family that are gathered
How does a work wind up in the public domain?

What sort of protection are public domain works entitled to?

Copyright expires, forfeited, donated, federal gov’t works

No Protection

What are moral rights?

To what type of works do they apply?

Which Act gave these rights to U.S. authors?

Attribution – the authors right to receive name credit
Integrity –

Fine Arts – sculptures, art in museum, etc

Burne convention

Who is considered an author?
Anybody who creates a tangible piece of work
What is the difference between an employee and an independent contractor?

List the factors used to determine this status.

Employee – company retains rights to work
Independent contractor – retains the rights to their own work.

(Benefits, salary, duration, who provides tools and materials)

Why is it necessary to understand the Copyright Act of 1909?

What are some of its limitations?

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

What is a functional object?

What aspects of it may be protected by copyright?

A thing that does something (not art)

A copyrightable image on or attached to it

Absent a collaboration agreement, what are the rights of joint authors?

How do you determine joint authorship?

An Equal Split – Both/all of them and you don’t need permission from the other author

Intent: works merged – joint authors both contributed

What are the common ways for a company to acquire copyrights?
Work for Hire, From employees; hire people, Buy them outright, Collect on default of loan, Put in will/inherit it
What is Fair Use?

How is it determined?

What are some examples of fair use?

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

What is the legal presumption created by registration?
That you are the owner
How can a copyright become subject to an involuntary transfer?
Default on a loan, Divorce, Death