Mass Media Law Ch.14 Review

What can't be copyrighted

1.) Trivial materials (ex: titles, slogans) 2.) Ideas 3.) Facts 4.) Utilitarian goods 5.) Methods, systems, mathematical principles, formulas, and equations

Six Rights under Copyright Law

1.) reproduction 2.) preparation of derivative works 3.) public distribution 4.) public performance 5.) public display 6.) public digital performance of sound recording

Misappropriation

1.) someone trying to pass off their work as someone else's 2.) someone trying to pass of someone else's work as theirs

Courts determining whether the use of a copyrighted work falls under fair use will examine:

(All of the above) A) The purpose and character of the use. B) The amount and substantiality of the portion used in relation to the copyrighted work as a whole. C) The effect of the use on the potential market for or value of the copyrighted work.

The Digital Millennium Copyright Act (DMCA):

(All of the above.) A) Provides exemptions from copyright infringement claims to Internet service providers (ISPs) who are merely acting as conduits. B) Establishes compulsory licensing for the transmission of music over the Internet. C) Prevents the circumvention of technological measures designed to protect copyrighted works.

The exclusive rights that apply to copyright owners include the right of:

(All of the above.) A) Public distribution of the work. B) Reproduction of the work. C) Preparation of derivative works.

Copyright law applies to forms of expression contained in:

(All of the above.) A) Song lyrics and musical compositions. B) Sculptures and paintings. C) Dramatic and literary works.

Patent law protects:

(Both A and B are correct) A) Inventions that feature some sort of utility function. B) Designs of a manufactured good, such as furniture or tires.

Film & TV Copyright Infringement

- Pirated movies - camcorders in theaters - videos stolen during production.

How a Plaintiff can receive damages:

- ask court to asses defendant for damages suffered. - reimbursement of profits made by infringer for the pirated work - statutory damages

What can be trademarked?

- brand names, shapes, slogans, phone numbers, and colors. - under law, first person to use mark, not first to register it, is protected.

Categories protected under fair use:

- criticism and comment - teaching - scholarship and research

copyright registration

- fill out registration form - pay fee - leave 2 copies of work with Copyright Office

Digital Millennium Copyright Act

- prevents people from avoiding technological measures that control access to copyrighted material (encryption codes) - outlaws manufacture/sale of these devices

Copyright notice

- today, copyright notice not required to protect work; once work is created, it's protected. - should include "copyright" (or abbrev./symbol), year of publication, name of copyright holder

Patent

-gives inventor monopoly on selling product for 20 years -includes patents on inventions, designs, and those that protect plants.

Factors determining fair use:

1.) Purpose and character of use. 2.) nature of work 3.) amount and substantiality of portion of work used in relation to work as a whole 4.) Effect of use on potential market of work

Rights a Publisher may purchase form a Freelancer

1.) All rights 2.) First Serial Rights 3.) First North American rights 4.) Simultaneous rights 5.) One-time rights

Duration of Copyright

1.) Created before Jan. 1, 1978 = protected for 95 yrs 2.) Created after 1978 = protected by copyright for life of author + 70 yrs. 3.) Created by more than one person= protected by copyright for life of last living creator +70 yrs. 4.) Works for hire = protected 95 yrs.

Criteria for copyright Infringement:

1.) Is plaintiff's copyright valid? 2.) Did defendant have access to plaintiff's work prior to infringement? 3.) are two works the same/substantially similar?

Materials that can be copyrighted:

1.) Literary works 2.) Musical works 3.) Dramatic works, incl. accompanying music 4.) Pantomimes and choreographic works 5.) pictoral, graphic, and sculptural work 6.) movies 7.) Sound recordings

Before a copyrighted work like a book may be printed:

Consent of the copyright owner must be obtained.

Copyright law protects:

INtangible property.

As a result of the Federal Dilution Trademark Act, trademarks:

May not be used without consent on dissimilar products.

In order to determine whether something constitutes an original work under copyright law, the work:

None of the above.

Within the umbrella of the fair use defense, using a copyrighted work for a parody:

None of the above.

Reflecting upon precedent set in the Supreme Court's review of Feist Publications, Inc. v. Rural Telephone Service Co., Inc. (1991), alphabetically ordered lists of facts are:

Not covered under copyright.

College coursepaks containing book chapters, journal articles and news clippings are:

Not protected under fair use and require copyright permission and possible fees.

Before an owner of a copyrighted work may sue for infringement, the work in question should be:

Officially registered with the U.S. Copyright Office.

With respect to news items, copyright law protects:

The style and manner of how a specific story is presented.

Upon reviewing file-sharing services such as Napster, StreamCast and Grokster, courts typically ruled in what way?

Ordered them to stop facilitating the trading of protected sound recordings as a violation of copyright law.

The British Crown justified copyright law as a way to:

Provide an incentive by rewarding creators of literature and art for their labor.

Feist Publications, Inc. v. Rural Telephone Service CO., Inc. (1991)

S.C. rejected "sweat of the brow doctrine"; ruled that there was no novelty/originality in alphabetically combining Rural's materials to create Feist's. Only databases in which facts are organized in some artful manner are protected by copyright law.

All of the following are rights a freelance journalist, author or photographer should consider regarding work sold to a publisher except:

Secondary compensation rights.

In Associated Press v. International News Service (1919), the Supreme Court found:

Taking the news collected by a wire service and distributing it as your own constitutes misappropriation.

Which of the following elements do courts give the most weight to when reviewing fair use defenses?

The effect of the use on the potential market for or value of the copyrighted work.

Excluding "work for hires," a sole-authored original work created after 1978 receives copyright protection for:

The life of the creator plus 70 years.

Within the U.S., a trademark may be claimed by:

The person who first uses a trademark.

In Harper & Row Publishers v. Nation Enterprises (1985), the Supreme Court stated that:

The right of first publication is an important factor in denying fair use defenses.

The Digital Millennium Copyright Act (DMCA) says a web carrier cannot be held liable for transmitting copyrighted material without the owner's permission if:

The web carrier quickly removes the material when informed by the copyright owner.

While sharing some similarities, committing plagiarism and violating copyright are different because plagiarism involves:

Using someone else's work as if it were your own.

Trademark law protects:

Words, symbols or devices that differentiate goods or services from one another.

Fair Use

allows limited copying of an original work that hasn't been properly copyrighted and has not yet fallen into the public domain.

To establish trademark:

applicant must submit registration, research to determine originality, pay registration fee for trademark.

Politics and Copyright Infringement

some copyright holders are using 1998 Digital Millennium Copyright Act (DMCA) to block candidates' messages.

Function of a trademark:

stop confusion in marketplace.

Plagiarism

taking ideas, thoughts, or words from another and passing them off as your own.