Copyright Final
What is the maximum amount of statutory damages that can be awarded for willful infringement?
$150K
What is the maximum amount of damages that can be awarded for an innocent infringement?
$30K
Which international convention did the United States become party to in 1974?
The Geneva Phonograms Convention
Imagine a scenario where an artist discovers that their copyrighted painting has been reproduced and sold without their permission by a gallery owner. What remedies might the artist seek to enforce their copyright in this situation, and how could they go about it?
The artist can request the court to issue an injunction to stop further sales of the unauthorized reproductions and seek damages for past infringement.
Tom has been researching and developing a boat hull design for the past 15 years and is finally ready to start the development stage of his design. Tom's friend John told him there is no way that he can get a copyright for his hull design. John says that boats can't be unique because they all look the same. Tom is devastated and comes to you for legal advice. Can Tom get copyright protection on his boat hull?
Yes, because his design is original and boat hulls have copyright protection
Because the materials I used went into a school project and likely qualify under fair use, I can display it on my webpage. =
False, technically correct
A journalist wrote a news story about the results of a local election. The journalist completed the story on November 3, 2020. The newspaper for which the journalist worked full-time as an employee published the story on its website on November 4, 2020. How long will the copyright in the story last?
For 95 years from November 4, 2020
The Term of copyright for a work posted on a web site:
Is the same as the Term would be if the work was originally Published in print or any other Medium. And Lasts for the life of the author plus 70 years.
You wrote something and you want to send it to a writing contest. How would you copyright it?
It already is protected by the copyright law once you have written it down.
What happens to the work after the copyright time has passed?
It goes into the public domain
A kindergarten child's finger painting cannot be copyrighted because:
It is not true; a kindergarten child's finger painting can be copyrighted.
What is Fair Use?
It lets you use someone else's copyrighted work without permission if the factors are met
Which of the following would constitute contributory infringement?
Lending a CD to a friend, knowing that he intends to make copies of it for commercial distribution.
The copyright term that best describes the transfer of rights where the original owner retains control of the rights is: (There is one (1) correct answer.)
Licensing
How long does a copyright last for works created on or after January 1, 1978?
Life of the creator +70 years
What is fair use?
Limited copying or distribution of published works without the author's permission
A muralist painted a piece on the wall of an abandoned building. The muralist completed the work on March 15, 2005. The muralist filed an application to register a copyright in the work on April 15, 2005. On September 2, 2005, the United States Copyright Office registered the muralist's copyright in the work. The muralist later exclusively licensed all of her rights in the work to a publisher on September 15, 2005. Which of the following is the earliest date on which the muralist owned a copyright in the work?
March 15, 2005
Which of the following statements is true?
Materials created by the federal government are public domain
If two artists complete identical paintings of the same location on the same day, which artist would be the infringer?
Neither of them will be an infringer if the accused infringer uses independent creation as a defense
An author sued a company for copyright infringement. The company, which specialized in promotional items, had used quotes from the author's bestselling novel on T-shirts and coffee mugs it sold. The author had registered a copyright in the novel, listing the author as the copyright's owner. Which of the following most accurately explains the evidentiary value, if any, of the author's certificate of copyright registration?
The certificate is prima facie evidence that the author is the rightful owner of the novel's copyright and that the copyright is valid.
A historian registered her copyright in a book about the use of trench warfare during World War I. After the book was published, one of the historian's colleagues published a journal article about the same topic. After reading the article, the historian thought the colleague had copied from her book. The historian demanded that the colleague retract the article; however, the colleague denied that he had copied from the historian's book. The historian consulted a lawyer about suing for copyright infringement. Which of the following most accurately explains how, if at all, the historian may prove that the colleague actually copied from the book?
The historian must show similarities between the article and the book's protected expression.
A historian drafted a presentation about a famous female suffragette. The presentation consisted of a script of prepared remarks, which the historian planned to deliver at a keynote address at an annual conference on women's history. The historian had written the presentation herself, based on her extensive research. The presentation consisted of details about the suffragette's life as well as the historian's observations about the strategies the suffragette had used to obtain the right to vote for women. Which of the following accurately states the copyrightability of the historian's presentation?
The historian's observations and expression are copyrightable, but the facts about the suffragette's life are not.
Which factor is the most important in determining whether a copyrighted work was jointly created?
The intent of the putative joint authors at the time of writing
Which of the following is not copyright?
The legal protection that says that only the original writer or artist can derive profit from the original work
Which of the following factors is NOT typically considered in determining whether a particular use of copyrighted material qualifies as "fair use"?
The popularity and recognition of the copyrighted work.
Rights of copyright include which of the following:
The right to reproduce one's work, display one's work and distribute copies of one's work.
Which of the following rights does NOT come with copyright?
The right to tell someone who buys your work that they can't sell it
Suppose a T-shirt maker sells blank T-shirts to a customer who silk-screens copyrighted designs onto the shirts without obtaining the consent of the copyright owners?
The seller of the blank t-shirts would be a contributory infringer only if she knew or had reason to know that the customer was putting infringing designs on them.
A student photographer takes a picture using a school-owned camera as part of a class assignment. The student never signed any agreement to give away his copyrights and the student handbook doesn't say anything about who gets it. Who owns the copyright?
The student because she took the photo
A publisher of encyclopedias sued a nonprofit organization that worked to protect sea turtles and their habitats. On its website, the organization had included lengthy articles about current sea turtle population levels and habitat locations. The organization's website administrator, who had written the articles, admitted in her deposition testimony that she had obtained the information in the articles from the publisher's encyclopedias. Which of the following most accurately explains the role of the administrator's deposition testimony in the publisher's copyright-infringement claim?
The testimony shows both actual copying and unauthorized appropriation.
Which of the following items cannot be copyrighted?
The title of a song
Suppose that someone creates and sells software that is specifically designed to circumvent the copy protection devices on commercial DVDs of copyrighted movies, thus enabling people to make unauthorized copies of rental DVDs of copyrighted films. The seller promotes this software through email "spam" which advertises it as "your key to unlocking free movies." Assume that the act of creating the circumvention software does not itself involve the unauthorized reproduction of any copyrighted expression. If only direct infringements were actionable, who would be liable for copyright infringement in this case? (You should disregard any other federal causes of action which might be applicable).
The user of the circumvention software
If a work is in the Public Domain, it means:
There could be a number of other things, watch this one
A writer was working on a short story for a literary magazine. The writer had completed and edited a draft of the story using word-processing software on her laptop. The story file was saved to the laptop's hard drive. However, the author had not printed a physical copy of the story and had not yet submitted the story to the magazine. At which of the following points does the author obtain a copyright?
When the author saves the story file to her laptop.
Which of the following factors does a court look at to determine whether there's been Infringement?
Whether there is evidence that the alleged copier actually did copy the work and the copy is "substantially similar" to the original work
Which of the following works is NOT eligible for copyright protection?
A collection of facts and data without original creativity.
Which of the following is true regarding a court's authority for cancellation?
A court can determine the validity of a copyright
What types of work are copyrighted?
All of the above: Dramatic & Graphical, Musical, Literary & Speeches
Jack pays Jill to write a song for him to perform at his next concert. Who owns the song lyrics? (Assume they did not have any special agreements)
*note: likely not on test* Jill owns the song lyrics but Jack is allowed to perform the song as many times as he would like *reasoning why*: Not correct answer, not a work for hire, not enough info is there, correct answer is probably D - his words, not mine
What was the main takeaway from the Bill Graham Archives v. Dorling Kindersley Ltd. case?
100% of an original creation can be used if it is seen as transformative enough to serve a different purpose than the original
Hilda wrote the literary work to South Atlantic in 1919, using ink pen and notebook paper. Two years later, in 1921, she published South Atlantic with proper copyright notice. Hilda validly renewed the copyright in the twenty-eighth year of its initial term. At the end of which year did the copyright South Atlantic enter the public domain?
1996
What year did the first termination occur for a work created on or after 1/1/1978?
2013
Helen and Greg jointly author the musical composition Prohibition Blues in 1925. They never published the work, though they did register it with the Copyright Office as an unpublished work in 1928. In 1930, Helen died suddenly. The work was validly renewed in the 28th year of its initial term. Greg, in contrast to Helen, lived a long life, dying in 1970. At the end of which year did (or will) Prohibition Blues enter the public domain?
2023
The 1976 Copyright Act provides that a claim for copyright infringement must be brought within how many years from the date upon which the infringement should reasonably have been discovered?
3
Under California statutory law, which is most likely to be protected?
A & D (signature and name)
A sculptor had registered a copyright in one of her most famous works, a bronze form of a horse mid-gallop. The sculpture was on display in a public plaza. The sculptor was dismayed to find small horse figurines being sold in a gift shop near the plaza. The figurines were much smaller than the sculpture and came in a rainbow of colors. Like the sculpture, the figurines were in the shape of a horse mid-gallop with its mane and tail streaming behind it. The sculptor consulted a lawyer about suing for copyright infringement. Which of the following most accurately sets out how a decision-maker would evaluate the similarities between the figurines and the sculpture in a copyright-infringement action?
A decision-maker would use the perspective of an ordinary observer to evaluate the similarities between the sculpture and the figurines.
What is the scene a faire doctrine?
A doctrine that says if characters and elements are indispensable they cannot be protected under copyright law
Which of the following is considered fair use?
A student is writing a report for science class and uses copyright images downloaded from the internet and cited correctly. He submits his project to a competition that recognizes classroom work for students and wins a prize for the school.
What two elements are necessary for copyright infringement?
Access and substantial similarity
When does someone get copyright protection?
As soon as the work is created
For a work to be protectible under copyright, it must:
Be original And Be Fixed in a Tangible Form of Expression.
Gene is an aspiring screenwriter who has been thinking about a new project. Gene pens a plot treatment that encapsulates this project, called Seeing the Light. "Seeing the Light' is about Melissa's journey to love. At the beginning, Melissa is dating Jack, a rich playboy who's lots of fun but doesn't treat Melissa well. Then one day, Melissa meets Alan, a shop worker who's poor and simple, but very sweet and kind to her. One day when Jack is being a drunk jerk, Melissa realizes Alan is the one for her. 'He may be poor but he has a heart of gold,' she says, 'and that's what really matters?' So Melissa dumps Jack and goes off with Alan. Alan and Melissa then get married, have lots of kids, and are happy as clams. The end!!!" Gene sends this plot treatment to Bill, a producer he met at a party. Bill reads the treat-ment, but tells Gene that there's no way any film company will be interested in producing Seeing the Lig
Bill, because the "Jack" character in Seeing the Light lacked sufficient originality to merit copyright protection.
A tourist took a photo of a famous national landmark at sunset. A year later, the tourist noticed that a travel agent was using what appeared to be an identical photo on the agent's website. In response to the tourist's inquiry, the travel agent explained that she had taken the photo herself on a past trip to the landmark approximately 10 years ago. Which of the following accurately represents the copyrightability, if any, of the two photos?
Both photos are copyrightable because both are original to the tourist and the travel agent.
A playwright drafted a fictional play based loosely on the writer's childhood in a small town. Several years later, a screenwriter wrote a draft movie script that was set in a fictional small town. The script was based around a young boy's experiences growing up in the small town. The screenwriter had grown up in a large city and had fabricated the script's story entirely. However, the play and the movie script shared some similarities, including scenes involving a town hall meeting and a town fair. Which of the following most accurately reflects the copyrightability of the play and the movie script?
Both the play and the movie script are copyrightable because both are original and minimally creative.
How do you get a copyright today?
Do nothing- copyrights are automatic when you make something creative and tangible
Which is NOT one of the four factors of the fair use test?
Effect on the author's reputation
Which is most likely to be copyrightable?
Electronic mail
Cal, a self employed computer programmer, composes and fixes in digital form the source code for Iterate, a computer program that will allow users to prioritize the tasks in their personal and professional lives. Cal does not publish in any analog form the source code for Iterate, though he does sell copies of the program's object code embedded in CD-ROMs for use on personal computers. Mal, a notorious hacker, buys a copy of Iterate, runs it on his computer, and then acquires the object code that has been compiled by his computer's operating system when executing Iterate. Mal studies this object code, eventually figures out how Iterate works, and then releases an equivalent of Cals program, called ReIterate. ReIterate sells for much less than Iterate, and sales of Iterate plummet. Cal discovers what Mal has done, and sues him for infringing the copyrights Cal owns in Iterate. Assuming that Mal's conduct does not amou
Cal will prevail because he copied without permission the Iterate object code, which is a protected literary work.
Non-profit and educational uses will generally weigh in favor of fair use as opposed to:
Commercial Use
Alice is a writer in the United States who authored a book in 1995. She passed away in 2010. The book has been widely read and remains popular. The copyright for Alice's book is currently held by her estate. when will the copyright for Alice's book expire, assuming there are no exceptional circumstances?
Copyright lasts for 70 years from the date of the author's death, so the copyright will expire in 2080. *Not possible to differentiate between A and C* = probably not on exam
If I am not making money or having commercial gain, it is ok to use images and text.
False
If it doesn't have a copyright notice, then it isn't copyrighted and I can use it.
False
Professor Henslee rents a video and brings it to school. As a reward, the video is shown in the multipurpose room to reward students with perfect attendance. This is fair use.
False
The American Paralegal Association created the Compendium on Legal Procedures and Processes, containing a code that classifies all legal procedures into various groups, with both a short and long description. The Lawyer Association of America later copied the American Paralegal Association's coding system and descriptions for use in its own manual. The American Paralegal Association sued for infringement. In response, the Lawyer Association of America alleges that it has merely copied an unprotected system of classifications for legal procedures. How should the court rule?
For the American Paralegal Association because they did not authorize reproduction by the Lawyer Association of America.
Which of the following statements are correct? One purpose of copyright is to:
Give creators an incentive to create and enable copyright owners to silence their critics. Promote the progress of the arts, culture, and literature and give creators an incentive to create. Enable copyright owners to stop all unauthorized uses of their works and give creators an incentive to create. Enable copyright owners to silence their critics and promote the progress of the arts, culture, and literature. Technically all the answers are correct, MAKES THE CUT? IT'LL HAVE TO BE CHANGED
Which of the following is NOT a factor of Fair Use?
If the use has been shared on the internet
Which of the following is true about forfeiture?
Intent of forefeiture is irrelevant - awkwardly written
If a monkey takes a selfie on your phone, can it be copyrighted?
No because an animal cannot obtain a copyright
MWB makes fine German cars. One day MWB tells its head designer to come up with a fanciful design for a futuristic car. The designer pens a sketch of a design for a hover-car called the "ZoomMeister," and the MWB management is so delighted that they arrange for very small, scale models of the ZoomMeister to be given to the company's top 20 employ-ees as paperweights. The models do not work and do not represent serious or realistic aspirations for future cars, but are still very popular, simply because, in the words of one MWB manager, "They look so cool." Then, when an executive from toy company FunCo is visiting a colleague at MWB, the executive notices one of the toy ZoomMeister models, commits its details to memory, and a year later FunCo releases an identical scale model of a hover-car it calls "Mr. Zoom." The executives at MWB are incensed and sue FunCo for copyright infringement. Will FunCo prevail?
No, FunCo will not prevail because the ZoomMeister is not a useful article.
Musician has recently created a musical jingle she hopes to license to a greeting card company for its television advertising campaign. Musician has memorized the lyrics and music that make up the musical composition and has often sung the jingle from memory for a large number of friends at parties. Musician has not written down the lyrics or music, nor has she recorded the musical composition. Is the jingle protected by a federal copyright?
No, because Musician has not fixed the jingle in a tangible medium.
An author properly files a copyright with the copyright office. Another author infringes the copyright and claims he was unaware of the copyright. Is this a valid defense?
No, because notice was served when the copyright was filed.
A studio released a hit movie that was based upon a novel. The studio had attempted to negotiate a purchase of the movie rights from the novelist. However, the parties could not reach an agreement and the novelist refused to license the studio. The studio hired another writer to compose the screenplay and registered copyrights in both the screenplay and the movie.
No, because the novelist did not authorize the screenplay or the movie.
Book Publisher has published a cookbook that contains 50 recipes featuring the use of beets. Each recipe lists the necessary ingredients for the dish as well as directions for preparation and nutritional information, without any creative narrative. Newspaper has included in its food section recipes for three of the dishes found in the cookbook. Although there are slight differences in the listing of ingredients, the recipes published by Newspaper will produce substantially the same final products as those described in the cookbook. Does Book Publisher have a valid basis for bringing a copyright infringement action against Newspaper?
No, because the recipes are not protected by copyright.
When a company makes or sells standard copying equipment such as photocopiers, it knows that at some point someone will probably use that equipment to infringe a copyright. Does this mean that all photocopying equipment manufacturers and distributors should be treated as contributory infringers whenever their equipment is used in an infringing activity?
No, because this would impose an excessive burden on parties who make ordinary and useful goods that have many non-infringing uses.
KLOQ is an analog radio station specializing in popular music. KLOQ broadcasts pursuant to a five-second delay, so that all of the content it broadcasts is saved digitally for five seconds, then immediately taped over. One day, the owner of one of the most popular musical works broadcast by KLOO, My Portrait, sues the radio station for violating her exclusive rights of reproduction and public performance for the unlicensed broadcasts. The owner asserted that KLOQ's five-second tape-delay recordings amounted to unauthorized reproductions of her musical work. KLOQ had a valid license to publicly perform My Portrait, but the license did not extend to any other exclusive rights. Will the owner prevail on this argument?
No. KLOQ, as a transmitting organization entitled to transmit My Portrait, may make an ephemeral recording of the work.
How much of a song am I allowed to use under fair use?
Not clear
Which was an aspect of both the 1807 and the 1909 Copyright Act?
Notice Requirement
James, a talented songwriter, wants to cover a famous song by a well-known artist and record his version for commercial release. He intends to sell copies of the cover song online and in physical format. What legal process should James follow to ensure he has the necessary rights to record and release the cover song?
Obtain a compulsory mechanical license.
Photog takes a photograph of a wet kitten in a sink and prints it on shirts that he sells via the Internet. The sales of the shirts are a great success. Soon, Knockoff starts a website from where he sells an identical shirt, including its unique button holes and an exact copy of Photog's kitten photograph, for a fraction of the price charged by Photog. Photog sues Knockoff for copyright infringement. Will he succeed?
Photog will succeed, but only with respect to Knockoff's reproduction and distribution of the photograph contained on the shirt.
Which example is not of Fair Use?
Playing a copyrighted song in the background of your video on your YouTube cooking tutorial channel
What are the four factors that determine if the use of copyrighted material falls under fair use?
Purpose, Nature, Amount, and Market Effect
Which of the following is NOT a component of moral rights in copyright?
Right of security
After perfecting a recipe for blood pudding (a truly acquired taste) Master Chef emailed the list of ingredients and a rather straightforward set of instructions for making the dish to a group of her fellow chefs. Unfortunately, a few weeks later, she learned that an exact, verbatim copy of her recipe had been used in a popular cookbook If Master Chef sues for royalties and or any other available remedies,
She will lose because she has no claim for copyright infringement.
Musical Group recently performed six musical works in a nightclub, pursuant to a public performance license obtained by Club Owner. Club Owner filmed the performance with a digital camera with the permission of Musical Group, which also agreed to its release on DVD. Musical Group has entered into a contract with Record Company, under which Record Company is assigned the copyright in all sound recordings created by Musical Group. After the release of Musical Group's performance on DVD, Record Company seeks compensation for the unauthorized distribution of its sound recordings on the DVD. Record Company's claim will be:
Successful, because Record Company owns the copyrights in the sound recordings contained in the DVD release.
Mary and John are both software developers who collaborate on a project in their free time. They jointly create a unique computer program, with Mary contributing the code for the user interface, and John writing the code for the backend functions. They haven't discussed copyright ownership. Later, they decide to sell the program, but they can't agree on who owns the copyright. In this scenario, which legal principle is most relevant to determine copyright ownership of the jointly created computer program?
The "joint authorship" principle.
Alice is a visual artist who creates a series of paintings inspired by famous works of literature. She takes scenes and characters from classic novels and reimagines them in a new and unique style, incorporating her own artistic vision and commentary on the original stories. Alice then displays and sells these paintings in a gallery. The original authors or their estates are not happy about this use of their literary characters and scenes. Which of the following legal principles or defenses is most relevant to determining whether Alice's use of literary material in her paintings constitutes transformative fair use?
The "parody" exception.
What is an attribution?
To give credit to the person who created the work
A student is doing a multimedia report and wants to use a small portion of Kennedy's "We Shall Go to the Moon" speech. He presents the report to his class and then posts it on the school's local area network. This is fair use.
True
Professor Henslee rents Gone With the Wind to show the burning of Atlanta scene to his class while studying the civil war. This is fair use.
True
Under the DMCA, what is the penalty for repeat offenders?
Up to 10 years in prison and Up to $1,000,000
What is the merger doctrine?
When an expression and idea of a work are so intertwined the expression cannot receive copyright protection
Bernard is a designer and tattoo artist. For years, he has been conceptualizing a graphic design in his imagination of a dragon eating a motorcycle. Bernard calls the design Gorgon's Delight. Gorgon's Delight is very clear and specific in Bernard's head but until this year he has never committed it to canvas or any other medium. Then, earlier this year, Bernard tattooed the design onto his friend Carlos' back. Bernard did not sketch Gorgon's Delight before tattooing Carlos, but worked entirely from memory and imagination. Carlos was very pleased with the way the tattoo came out, but unfortunately, just three minutes after Bernard completed the design, Carlos spontaneously combusted and turned into a pile of ash. Bernard was so traumatized by this freak tragedy that he has never tattooed or drawn Gorgon's Delight in any other context. Is Gorgon's Delight protected by federal copyright?
Yes, because it was fixed in a tangible medium of expression.
A sculptor consulted an attorney about potentially copyrighting her work. The sculptor had created a number of pieces, which were displayed in small galleries and sold to patrons. However, the sculptor had not registered any copyrights in her pieces. The attorney advised the sculptor that, while not required, she should pursue copyright registration. The attorney explained that registration would confer several legal benefits, such as enabling the sculptor to sue for copyright infringement and creating a publicly accessible record of ownership. Is the attorney's advice correct?
Yes, because registration does NOT create a copyright in the pieces but does confer certain legal advantages to the sculptor
FAMU College of Law Professor's decide to host a play for the students of the law school to enjoy. One of the Professors decided they wanted to create a script from scratch and called the play "It depends". Can the Professor who created it obtain a copyright?
Yes, because the Professor already has a copyright and can register it if he wants to sue infringers.
An artist crafted a three-dimensional steel sculpture. The artist donated the sculpture to her art school, which placed it in a large outdoor commons space on its campus. Depending on the time of day and year, the different angles at which sunlight hit the sculpture caused differently shaped shadows to fall on the sidewalk adjacent to the sculpture. The sculpture received several favorable reviews by prominent art critics nationwide. Is the artist's sculpture copyrightable?
Yes, because the artist independently created the sculpture.
Musician has recently composed an original musical composition that she recorded by singing the composition herself, and recording her singing it on her personal digital audio recorder. She has not performed the composition for anyone, nor has she shared the recording with anyone. She has not placed a copyright notice on the digital recording. Is the musical composition protected by a federal copyright?
Yes, because the musical composition is sufficiently fixed in a sound recording
A small-business owner downloaded a photo from the internet to use on her business website. The photo did not have any copyright notice nearby, so the small-business owner thought it was free to use. The photographer who had taken the photo noticed it on the business website. The photographer had already registered the copyright in the photo shortly after taking it in 2005. The photographer contacted the small-business owner and told her to take the photo down or he would sue her for copyright infringement. Is the photographer able to state a claim for copyright infringement?
Yes, because the small-business owner used the photographer's photo without a license.
Amy is a book collector who purchased a rare first edition of a classic novel by a famous author at an estate sale. She later decides to sell the book online to another collector. However, the author's estate claims that this sale infringes on their copyright and demands that Amy cease selling the book. Amy insists that the First Sale Doctrine protects her rights. Does the First Sale Doctrine apply to Amy's situation, allowing her to sell the rare first edition book without infringing the author's copyright?
Yes, the First Sale Doctrine applies, and Amy can sell the book without infringing the author's copyright.
If you paint a mural on a classroom wall as an assignment for your art class, who owns the copyright?
You do because you are the "author" of the work.
