Copyright law final
Does reproducing a New Yorker cartoon on the foyer of a condominium building infringe the rights of the cartoonist who created it, assuming the cartoonist has not transferred any rights?
yes
Absent any work for hire arrangement, which of the following contributors to a sound recording are considered authors under the Copyright Act?
The background singers. The producer. The engineer. The drummer.
Abstraction
A method of determining what elements of a copyrighted work may be protected
Feist Publications Inc. v. Rural Telephone Company, Inc.
Can facts be arranged in such a way as to warrant copyright protection?
The U.S. fully implemented Section 6bis (regarding moral rights) of the 1971 Paris revision to the Berne Treaty when it signed off in 1989.
False
The fact that there are only 7 basic notes in the musical scale limits the number of original musical works that can be created
False
The first international copyright conference, the Berne Convention, was spearheaded by the United States in 1886, and the U.S. was the first to sign off on the resulting treaty.
False
The literary device of parody is always fair use, provided that it includes a humorous commentary about a social event or a social observation
False
Is it correct to say that musical compositions do not possess the exclusive right of display?
No
Ms. Smith did not receive any compensation to create the velco fastners.
favors Ms. Smith
Scènes à faire is from the [x] language, meaning "[y] that must be [z]."
french scenes done
is a prerequisite and an integral component of orginality
independent creation is a prerequisite and an integral component of orginality
Exercising one of the exclusive rights in Section 106 without the permission of the copyright owner is referred to as [x], while exercising a right with permission is referred to as [y].
infringement having a license
The legal foundation for copyright, the Progress Clause, found in Article [a], Section [b], Clause [c] of the U.S. Constitution, which gives Congress the right to establish, for a limited time, exclusive rights to authors and inventors in their respective writings and discoveries.
1, Section 8, Clause 8
On a scale of 1-10 with 10 being the highest, what degree of creativity does the Supreme Court require for a work to be entitled to copyright protection?
1-2
Which of the following is NOT an example of a derivative work?
A "cocktail arrangement" of a public domain musical composition.
A boy writes a birthday card to his girlfriend containing a series of verses. Without his knowledge, the girlfriend uses the verses to create a song, which she then records. The boy has a copyright in [a], and the girl created a [b].
A boy writes a birthday card to his girlfriend containing a series of verses. Without his knowledge, the girlfriend uses the verses to create a song, which she then records. The boy has a copyright in Correct the verses, song and sound recording, and the girl created a Correct derivative work.
Which of the following would possibly be considered abandonment of the copyright by the author/owner? (choose all that apply)
A copyright owner makes his work available on Creative Commons and allows anyone to mass up the song provided that they give attribution or credit for the original. An author executes an assignment of all 106 rights to a public trust where songs are used for the benefit of charities.
Based on the class lectures and your knowledge of the Copyright Act thus far, which of the following are examples of works that ARE NOT entitled to copyright protection?
A word or phrase. A song title. Parts numbers in a catalog of automotive parts. Business correspondence, including an email. An original "tweet" on Twitter. Photographs and paintings. House plans. Newspapers and magazines. Labanotation. A word or phrase. Computer Programs.
The Supreme Court case of Victor Herbert v. Shanley Co. was pursued by the founders of which performance rights organization?
ASCAP
A publisher goes to an open mike night at The Basement in East Nashville. While there, she hears a great songwriter and approaches her between sets to discuss obtaining her songs for exploitation. As they talk, the publisher writes things out on the back of a napkin. At the end of the night, the two sign the napkin. The next day, when the publisher calls the songwriter and asked her to come in and create a list of the songs so that the copyrights can be registered, the songwriter says that she didn't intend to transfer the copyrights to the publisher. The publishing tells the songwriter that she has a valid transfer of copyright pursuant to Section 204 of the Copyright Act. Do you agree or disagree with the publisher?
Agree
Does Professor Shrum agree or disagree with the conclusion that Shepherd Fairy's Hope poster was a "transformative use" of Manny Garcia's photograph of then-Presidential candidate Obama?
Agree
which of these copyright defenses are supported by the introduction of "prior art"? (choose all that apply)
All substantial similarities in the subsequent two works can be attributed to their reliance on the prior art. The element of originality in the subsequent works is minimized and becomes trivial. It eliminates the probability and probative value of access.
Merger
An expression that is so close to an being an idea that it cannot be protected
The basic requirements for copyright protection enumerated in Section 102(a) of the Copyright Act are best summarized in which of the following the sentences
An original work of authorship expressed in a tangible medium of format
A remedy to a copyright infringement action that is intended to discourage future acts of infringement would be considered what type of remedy?
Coercive
The damages for infringement set forth in Section 504 of the Copyright Act - actual and statutory - are intended as what type of damages?
Compensatory
Since the art of pantomime is a performance art, it is ONLY entitled to the right of public performance
False
Could order specific performance by a a party (injunctive relief)
Court of Equity
Provided justice (fairness) when money remedies weren't adequate.
Court of Equity
Solely decided by a judge (bench)
Court of Equity
The court had discretion to balance fairness.
Court of Equity
Compensated for injury or made the plaintiff whole
Courts of Law
Provided primarily monetary damages.
Courts of Law
The court was obligated to follow precedent.
Courts of Law
The plaintiff could opt for a judge or jury.
Courts of Law
A photographer sues a television production company for use of his photograph in a commercial for laundry detergent. The camera scans a bedroom scene a the photograph is in view for less than second before centering on the woman in the frame. The court rules against the photographer, finding no infringement. Which one of the following is the most probable defense applied by the judge?
De minimis non curat lex
A new work based on one or more preexisting works is a
Derivative work
A plaintiff sues a defendant who is using her previously-published song in a second sound recording. The defendant failed to get the required compulsory license. The plaintiff seeks an injunction requiring the defendant to stop selling the sound recording immediately, or else she will suffer irreparable harm. The judge grants the injunction. Do you agree with that outcome?
Disagree
The title Aaron Tippin's song If you don't stand for something, you'll fall for anything contains at least a modicum of creativity and therefore is entitled to copyright protection. Do you agree or disagree with this assessment?
Disagree
Golan v. Holder
Does the Progress Clause allow Congress to remove certain works from the public domain?
The oeurve, or the personal right of every individual to protect the fruits of one's own thoughts
Droit moraux
A mechanical license can never be obtained unless the copyright owner gives willing permission
False
A person records the Beatles song Hard Day's Night. He hires musicians who imitate the instrumentation and vocalizations of the original recording. He then releases the song as a tribute to the Beatle's on the 25th Anniversary of the song's debut on Billboard. He gets a license from Harry Fox and accounts to the owners of the musical composition, but not to the owner of the sound recording. The person has infringed the copyright in the sound recording.
False
A plaintiff in a copyright infringement action is not entitled to an additional award to cover her attorneys' fees (Assume that the plaintiff has properly registered her copyright with the U.S. Copyright Office in a timely fashion).
False
A simple idea, absent any original expression, can be entitled to copyright protection.
False
Fair use is an inalienable right of every U.S. citizen.
False
In the case of Walker v Time Life Films, Inc., 784 F.2d 44 (2d Cir. 1986), the court ruled in favor of Walker and found infringement where both works opened with a Irish cop shooting a black man, and included similar scenes of cockfights, stripped automobiles, prostitutes, etc. in the Queens borough of New York.
False
Once the U.S. signed and implemented the Berne Treaty in 1989, it fully implemented the Berne Convention's emphasis on droit moral rights
False
Ms. Smith performed all the work on the velco fasteners at home
Favors Ms. Smith
Ms. Smith uses her own computer and design tools in her home lab in the creation of the velcro
Favors Ms. Smith
Ms. Smith used certain chemicals and other materials from Sarnoff in the creation of the velcro
Favors Sarnoff
Sarnoff has the right to assign additional projects to Ms. Smith
Favors Sarnoff
Sarnoff pays for health insurance and dental benefits for Ms. Smith.
Favors Sarnoff
Sarnoff withholds Federal and NJ Income Taxes, FICA, Social Security and Workers Compensation for Ms. Smith
Favors Sarnoff
Nichols v. Universal Pictures
How can you distinguish an idea from an expression?
The velcro fastener is Ms. Smith's contribution to a collective fashion project at her son's school
Irrelevant to a scope of work analysis
Eldred v. Ashcroft
Is life plus seventy years a "limited time" as that phrase is defined in the Progress Clause?
James Madison designed the copyright construct to [a] benefit [b] by [c] benefiting [d]
James Madison designed the copyright construct to Correct directly benefit Correct society by Correct indirectly benefiting Correct the individual.
In Burrow-Giles Lithographic Co. v. Sarony, the Supreme Court states that the creative works of authorship that are entitled to protection are those based on the "fruits of intellectual labor embodied in the form of books, prints, engravings and the like." On what philosopher is this concept based?
John Locke
In Victor Herbert v. Shanley Co. , Justice Oliver Wendall Holmes ruled that
Music is part of the total for which the public pays and the fact that the price of the whole is attributable to a particular item which those present are expected to order is not important.
A descendant of Monet creates a beautiful adaptation of his ancestor's classic impressionist piece, Sunrise. She sells the work of art to an enthusiast benefactor and fan of Monet. Five years later, the benefactor loans the new work of art to Frist in Nashville to be displayed publicly. The painter seeks an injunction in the Middle District Federal Court to prevent the new owner from displaying the work at the Frist. Will she win the injuction?
No
A group of over-zealous Vanderbilt students paint black and gold stars on the heads of all the muses in the Musica statute in the Roundabout on Demonbreun in Nashville, and dress them in home jerseys for their upcoming home football game against the Razorbacks. Since this happens so frequently, Alan LeQuire, the creator, threatens the city with litigation in the Middle District Court if it doesn't move the statute from its current location to a more protected environment. Does Mr. LeQuire possess that right under U.S. law?
No
A local mega-church displays the lyrics of popular Christian pop songs behind the band during the Sunday morning service. Worried about infringement of Section 106's right of display, the worship leader informs the church that it should pay royalties to the songwriter/publisher for the display of the lyrics. Is she correct?
No
A street artist paints a mural on the side of a building on 12th South. A local photograph likes the mural, so he takes a photograph of the building that prominently features the painting and then duplicates and sells the photograph as postcards. Is the photographer violating the right of the street artist to display the work?
No
Does a song need both lyrics and music to be entitled to copyright protection.
No
The city of Nashville commissions Yo-Yo Ma to write a symphony for a New Year's celebration to be performed at the Schermerhorn with the Nashville Symphony Orchestra, to be recorded. They sign a written agreement with Yo-Yo's management in which they agree that Nashville will own the sound recording. According to Section 201(b), is the sound recording copyright a work for hire?
No
The Nashville Library has a vinyl recording of The Eagles' greatest hits album which it loans outs. It is so popular that the recording is becoming worn. The library finds another copy of the record in a used book store that is in perfect condition, and makes copies of the album in a digital, lossless format to prevent further degradation. The digital copies are only being made for archival purposes and will not be distributed through the Inter Library Loan system. Has the library violated the copyright owners' (the sound recording and the musical composition owners respectively) rights of reproduction and distribution?
No, because Section 108 gives libraries the right to make copies of a copyrighted work for both archival copies and for purposes of replacing an existing copy of a damaged work.
Justice [a] said that " Personality always contains something unique. It expresses its singularity even in handwriting, and a very modest grade of art has in it something irreducible, which is one man's alone."
Oliver Wendell Holmes
Phonorecord
One type of physical object in which a work may be "fixed" according to Copyright Act.
Which of these literary styles is more likely to be considered fair use?
Parody
Which of the following rights from Section 106 is the most basic right protected by, and the legal basis for most forms of exploitation of, copyrights.
Reproduction
An adaptation, or derivative work, is created when an author takes an existing copyright and adds material containing a new expression. Is this description of a derivative work right or wrong?
Right
If a plaintiff in a copyright infringement action has difficulty ascertaining how much she was damaged by the defendant's use of her work, but she knows that the defendant intentionally infringed her work, what is the best type of damages to opt for?
Statutory
In the Supreme Court case of Acuff-Rose v. 2 Live Crew, SCOTUS' opinion can be summarized as follows
The 2 Live Crew song transforms Roy Orbison's Pretty Woman by degenerating its predictable lyrics into a play on words, including shocking lyrics that demonstrate how banal the original song was.
The right of a creator to be known as the author of his/her own work, even after transfer or sale
The Paternity Right
The right of any author to demand reasonably prominent identification as such
The Paternity Right
A group of over-zealous Vanderbilt students paint black and gold stars on the heads of all the muses in the Musica statute in the Roundabout on Demonbreun in Nashville, and dress them in home jersies for their upcoming home football game against the Razorbacks. Alan LeQuire, the creator, applies to the Middle District Court for an injunction to require Vanderbilt University to remove the mutilation of Musica because it brings disgrace to the author's reputation. Which of the follow is the most applicable statute under which to bring the litigation.
The Visual Artists Rights Act Section 6bis of the Berne Treaty
The [a] of Plato's "intelligible" world are to the sensible world's [b] what copyright law's [c] are to its [d]
The forms of Plato's "intelligible" world are to the sensible world's manifestation what copyright law's ideas are to its expression.
Protection may not be conditioned upon compliance with any formality
The principle of automatic protection
Protection is independent of the existence of protection in the country of origin.
The principle of independent protection
Works origination in one of the member countries must be given the same protection as in all other member countries
The principle of national treatment
The right of an author to prevent modification of the work which would be prejudicial to the author's honour or reputation
The right of Integrity
The right to prevent the destruction or defacement of a creation
The right of Integrity
According to Section 202 of the Copyright Act, ownership of an underlying copyright [x] from ownership of the material object in which the copyright is embodied.
is distinct
Which of the following are NOT among the exclusive "bundle" of rights identified in 17 U.S.C. Section 106 (select ALL that apply
The right to perform a sound recording via retransmission to terrestrial radio stations. The right to prevent others from defacing or destroying the work. The right to perform a sound recording via retransmission to terrestrial radio stations. The right to prevent others from defacing or destroying the work. The right to protect the integrity of the work. The right to perform a song to immediate friends and family.
Which of the following statements are correct with regard to the Section 106 Bundle of Rights (choose all that apply):
The rights overlap one another. The rights are cumulative Each right may be subdivided infinitely. Each right and each subdivision of that right may be owned, transfered and enforced separately.
Copies
The type of physical object in which all other works may be "fixed" according to Copyright Act
A singer performs a cover of the Lennon/McCartney composition, Let it Be at 3rd & Lindsley. Who is responsible for payment of a performance royalty for that performance?
The venue is solely responsible for obtaining a performance license from ASCAP, BMI and SESAC. The performer is not responsible.
Two authors create a joint work. One of the authors writes the majority of a song, including two verses of lyrics and the overall basic melody, about 80 percent of the song. The second author come into the collaboration and provides the lyrics and melodies to a bridge and makes some modifications to some of the original lyrics and a few chord changes, about 20%. Under the Copyright Act who owns the copyright and what portion do they own?
They each own an undivided interest in the whole musical composition
Which of the following statements about performance rights organizations (SESAC, ASCAP, BMI) is not true?
They sign non-exclusive agreements with publishers and songwriters to license performances and collect fees from the licensees. They monitor public performances of member songs.
Who said that ideas, like the air that we breathe, "should spread freely from one to another over the globe," and are therefore incapable of "stable property," i.e., ownership
Thomas Jefferson
"Orginiality" means that a work of art has been independently created as opposed to being copied from someone else's expression
True
When may the "useful articles" of a copyright structure, such as the windows in the building, be entitled to copyright protection?
When the original features of the useful article are capable of being identified separately from, and capable of existing independently of, the utilitarian aspects of the element.
An Internet streaming radio services transmits a performance of The Eagles Hotel California to the public, but its analytics show that there was no one listening to the stream during most of the time that Hotel California was playing, except for one person who tuned in during the last 10 seconds of the song. Because the listener did not listen to a "substantial portion" of the song, the Internet streaming radio services IS NOT responsible for obtaining a performance license. Is the analysis right or wrong?
Wrong
In order to determine if a work of art is entitled to copyright protection, the law considers whether a reasonable person would find the work aesthetically pleasing. Is that statement right or wrong?
Wrong
A Vanderbilt exchange student from China imports Chinese translations of U.S. textbooks authorized by the publisher for sale in China. The student then sales them for a profit to other Chinese students at Vanderbilt. Is this a proper application of Section 109's first sale doctrine?
Yes
A website buys and sells used MP3's under Section 109's legal doctrine of first use. Has the website infringed the copyright of both the sound recording and the musical composition?
Yes
Does sharing an MP3 file over the Internet violate the distribution right of the owner of the musical composition?
Yes
Is it possible for two separate author working independently to simulatenously create a works that bear striking similarities?
Yes
You and your friends go to Buffalo Wild Wings to watch the NFL Sunday games. The big screens are all playing sound and airing the broadcasts of the games live. A Ford truck commercial comes on which plays Will Hoge's musical compositions, Strong, in the background. Does Buffalo Wild Wings need to get a license from Will Hoge and/or his publishing company to perform the song?
Yes, because the term "perform" under Section 101 of the Copyright Act is defined as not only the original rendition of the musical compositions, but also any further actions that transmits or communicates that rendition to the general public.
As defined in §101 of the Copyright, fixation of a work means that it must be communicated for at least a transitory duration
false
If a person copies only a few of the lyrics in musical work, but does use any of the melody, the person has not infringed the copyright.
false
The [a] is the component of a musical composition that is entitled to the greatest degree of protection, while the [b] and [c] are considered the least protectable (make sure to select "b" and "c" in alphabetical order).
lyrics is the component of a musical composition that is entitled to the greatest degree of protection, while the Correct harmony and Correct rhythm are considered the least protectable (make sure to select "b" and "c" in alphabetical order)
If one author independently creates a work that is similar to an author's work created years prior (assume she did not copy the original work), will that author nonetheless be liable for copyright infringment?
no
Is it a correct statement to say that "originality" as required by the Copyright Act requires a specific measure of novelty, ingenuity and/or aesthetic merit
no
According to the Copyright Act, a work may be "fixed" in [a] ways.
two ways
in 2018, a 60-year old songwriter hears, for the first time, a sound recording from 1960 that is substantially similar to his composition. If he brings a copyright infringement action against the artist and record label, do you think the record label/artist has a fairly good chance of knocking the case out on an early motion to dismiss?
yes
