Copyright Final Exam - (Belmont, Holt)

When the RIAA brought copyright infringement lawsuits against thousands of individuals, most people chose to pay settlement fees between

$3,000-$5,000

Under Section 504(c), the general range of statutory damages is from

$750 to $30,000

Section 504(c) of the Copyright Act says the general range of statutory damages is from:

$750-$30,000

Works made for hire have a different copyright term than other works. A work made for hire's term is...

95 years from publication or 120 years from creation, whichever expires first

Which of these is NOT one of the four categories of performances considered public performances?

Anytime a work is downloaded

Many American publishers use the Harry Fox Agency because they...

Are cost effective Conduct audits Distribute recovered money

In most cases, licenses are negotiated, and if the owner doesn't want to issue a license, they:

Are free to refuse to issue the license

The most common types of transfers are...

Assignments and Exclusive Licenses

Which of these is NOT one of the coercive remedies a court uses to stop an infringement from continuing?

Attorney's Fees

Copyright philosophy under which the author is believed to be morally entitled to control and exploit the products of their intellect.

Author's Right Philosophy

______allows the license to reproduce and distribute a copyrighted musical work in recordings such as compact discs and cassettes in return for a royalty on recordings sold

???

Before initiating legal action against an infringer, a copyright owner will usually notifying the alleged infringer and request that the infringer stops infringing, known as:

A cease and desist letter

The Statute of Anne states an author has the sole liberty to print their books for

An initial 14 years, then another 14 years if the author is still alive

What country can the origins of copyright law trace back to?

Ancient Greece

Which of these factors is the most important when determining whether a specif use is fair?

The Effect of the Use upon the Potential Market or Value of the Copyrighted Work

What is a valid alternative to copyright registration?

There are no valid alternatives or substitutes for federal registration with the Copyright Office

What was the judge's final ruling in the A&M v. Napster case?

There was never a trial because Napster filed for bankruptcy

What is the main advantage of digital audio technology?

There's virtually no loss of sound quality regardless of how many generations of copies are made

T/F Section 102(a) of the Copyright Act's low originality requirement helps to achieve the purpose of encourage the production of the widest possible variety of literary and artistic expression

True

T/F The Author's right philosophy, an author is believed to be morally entitled to control and exploit the products of the author's intellect

True

T/F. $150,000 per infringement

True

T/F. 2 requirements for derivative works are that the work must be borrowed from another work and the work must adapt the work upon which it's based

True

T/F. 3 basic requirements for copyright are originality, expression, and fixation

True

T/F. A derivative work adapts a copyrighted work into a new work

True

T/F. A form CA is used to correct significant errors regarding copyright registration

True

T/F. A mechanical license allows author to reproduce and distribute a copyrighted musical work and make money off of it

True

T/F. A plaintiff may prove copying through evidence that provides 2 things: Access by the defendant to the copyrighted work and substantial similarity between the 2 works

True

T/F. A sound recording is a fixed form of musical works

True

T/F. A synch is a license to put audio to a visual project

True

T/F. ASCAP, BMI, and SESAC issue license and collect fees

True

T/F. After termination, transferee can still use and derivatives of the works

True

T/F. Anyone can perform copyrighted works in private

True

T/F. Before 1964 works had to be renewed, after 1964-1977, works automatically received a 67 year renewal term

True

T/F. Before 1976, only the copyright owner of a work could sue for infringement because copyright was indivisible

True

T/F. Claim for infringement must be brought within 3 years from the date upon which the infringement is discovered

True

T/F. Controlled Comp. Clause: Artist gives record companies the power to obtain mechanical licenses for any works controlled by the artist at reduced rates

True

T/F. Copyright Act does not require that transfers of copyright ownership be made in writing.

True

T/F. Copyright's origins came as a delayed response to Johannes Gutenberg's printing press, when it became an issue of who would be entitled to own and profit from the production and distribution of the works.

True

T/F. Court can order a destruction of articles if the defendant is found guilty of infringement

True

T/F. De minimis copyright is when they didn't copy a substantial amount of the work

True

T/F. Development of copyright law in the United States was largely based on British law.

True

T/F. Downloaded music is considered private, not public

True

T/F. Fair Use was made for the 1976 Copyright Act

True

T/F. Fair use gives others the right to use copyrighted works without permission under certain circumstances for certain purposes

True

T/F. Fair use was created in 1976

True

T/F. Generally, only the copyright owner or the exclusive licensee of the work can sue anyone who infringes their rights, but can only sue for infringement of the particular right he/she owns

True

T/F. Harmony can be defined as "the structure, progression, and relation of chords.

True

T/F. If a work was not properly copyrighted before 1964 it is in the public domain

True

T/F. In order to be eligible for statutory damages, the copyrighted work must have been registered either before the infringement began or within 3 months of the works publication

True

T/F. Intellectual Property includes things that have no physical existence.

True

T/F. Mechanical licenses are paid through royalties

True

T/F. One of the reasons Statutory damages can be so high is to deter future infringement

True

T/F. Owners of bars and nightclubs can be found liable for infringements committed by performers because of their direct benefit

True

T/F. Ownership of copyrighted work is important when proving infringement

True

T/F. Parodies are automatically derivatives

True

T/F. Prior to 1990's unauthorized sampling was legal

True

T/F. RIAA and IFPA work to fight record piracy

True

T/F. Requirement for joint ownership requires contribution and intention from both authors

True

T/F. Several parties may be liable for infringement

True

T/F. Statutory Rate is 9.1 cents per song

True

T/F. The 1976 copyright act made copyright infringement a criminal act

True

T/F. The 2 elements needed to prove infringement are ownership of a valid copyright and copying of a copyrighted work

True

T/F. The Audio Home Recording Act allows for private, non-commercial use of a copyrighted work

True

T/F. The Berne Convention was created in 1886

True

T/F. The Harry Fox Agency issues mechanical licenses and collects mechanical royalty payments.

True

T/F. The Licensing Act of 1534 required publishers to first obtain a license

True

T/F. The Statute of Anne did not protect any musical work until 1842

True

T/F. The Statute of Anne granted 14 years of protection an author's new works

True

T/F. The Statute of Limitations is a law that specifies the maximum time period during which a claim can be made.

True

T/F. The actual author may not initially own the copyright if he/she is employed in a work for hire

True

T/F. The author is the initial owner and can exercise any of the rights provided by copyright

True

T/F. The author of a work is the initial owner

True

T/F. The coercive remedies are impoundment, injunction, and destruction

True

T/F. The copyright owner and publisher can sue an infringer

True

T/F. The main requirement for a joint ownership is the intent to share with each other

True

T/F. The origins of copyrights came from England

True

T/F. The public performance right includes live and recorded performances

True

T/F. The requirements for a copyright are fixation, originality, and expression

True

T/F. To legally sell a derivative work, you must obtain a license from the original author

True

T/F. Under the digital millennium copyright act, repeat offenders could spend up to 10 years in prison

True

T/F. When someone downloads a music file, a reproduction, not a performance, occurs at the time of the download

True

T/F. With statutory damages, an infringement can cost between $750-$30,000

True

T/F. Works made for hire must be commissioned or specially ordered

True

TRUE or FALSE- A song written by one person may end up being own by several different individuals and/or publishing companies

True

TRUE or FALSE- An anonymous work is A work, in which no natural person is identified as author

True

TRUE or FALSE- Co-authors are perfectly free to alter the 50/50 assumption as long as they put it into written agreement

True

TRUE or FALSE- I can buy a CD and make a copy for my car

True

TRUE or FALSE- The Office of Register of Copyrights oversees the operation of the copyright office.

True

TRUE or FALSE- The adaptation right and the right to make derivative works are one in the same?

True

TRUE or FALSE- Virtually all sound recordings are derivative works?

True

TRUE or FALSE- Works of the U.S. government are in the Public Domain.

True

The Utilitarian Philosophy is to encourage the widest possible production and availability of artistic works. True or false?

True

The majority of musical compositions registered with the Copyright Office are fixed in some type of recording rather than written musical notation. True or false?

True

The primary purpose of the Copyright and Patent clause is to promote the creation and dissemination of creative works to the public. True or false?

True

True or false? A work made for hire is a work created by an individual on behalf of an employer or hiring party:

True

True or false? The copyright in a derivative work extends only to the original material contributed by the author of the derivative:

True

You cannot just pick an amount of money to sue for out of thin air, no matter how much you might believe you are entitled to, because the monetary damages you can sue for are specified by the Copyright Act. True or false?

True

What treaty or act required certain MINIMUM levels of protection, such as term of AT LEAST the LIFE of the author PLUS 25 years?

Universal Copyright Convention

Penalties for criminal copyright infringement include

Up to 5 years in prison and $250,000 in fines (10 years for repeat offenders)

When does Copyright begin with the 1976 Copyright Act?

Upon creation

Allows the licensee to reproduce and distribute a copyrighted musical work in printed from such as sheet music in return for a royalty?

What is print license?

What treaty or act was held in 1886 and resulted in a multi-national treaty?

Berne Convention

Where and when was the Berne Convention held?

Berne, Switzerland, 1886

The US Copyright Act of 1790 protected only

Books, Maps, and Charts

All copyrighted works will expire on ___?___ of the year 70 years after the author's death.

December 31st

In order to prove that the defendant's conduct was for purposes of commercial advantage or private financial gain, the defendant...

Does not have to actually make a profit, but only hope to intend to make a profit

Which music format is most frequently pirated?

Downloaded music

When can the termination right be exercised?

During a 5 year period between 35-40 years after the date of the transfer

Which is an example of a derivative work?

Editorial Revisions Fictionalizations Translations to a New Language

_______ is an online publisher of free public domain books.

Eldritch Press

Which of these is not a coercive remedy?

Exclusion

Which of these requires a written agreement, exclusive or nonexclusive licenses?

Exclusive

The No Electronic Theft Act...

Expanded the applicability of criminal penalties for copyright infringement to situations where an infringer acts without direct financial motivation & Was in response to a legal loophole that was brought to light in United States v. LaMacchia

Editorial Revisions: A work that revises an work after it was published for 10 years. T/F

F

It is expected for copyright owners to keep track of all performances. T/F

F

Performance license allows the licensee to have full control over the copyrighted work. T/F

F

Registration provides what is legally known as prima facie (at second sight) evidence of ownership. T/F

F

T/F. 1909 Act - Criminal provisions applied to sound recordings

F

T/F. Before March 1, 1989, authors would publish their books simultaneously in the US and England to receive international protection, known as the "Back Door to Berne"

F

T/F. Both transmission over the Internet and downloads count as a public performance.

F

T/F. DMCA does not provide for protection of copyright management information

F

T/F. Fair use is an affirmative right rather than a legal defense

F

T/F. Grokster and Streamcast filesharing systems are centralized using central computer servers to index the files

F

T/F. Grokster and Streamcast were likely not guilty of copyright infringement

F

T/F. ISPs have not indirectly benefited from illegal file sharing

F

T/F. It is a download when a music file is streamed from a website to a listener

F

T/F. Major record companies accept unsolicited material to discover new artists

F

T/F. Napster ultimately went to trial and was subject to an extremely large damage award

F

T/F. Streaming and downloading are the same thing

F

T/F. The 1976 Copyright Act explicitly defines fair use

F

T/F. The Berne Convention applies to sound recordings

F

T/F. The Berne Convention only applies to the US and Canada

F

T/F. The US has joined both the Geneva Convention and the Rome Convention.

F

T/F. The owner of napster was found guilty and went to jail

F

T/F. Third parties can never be sued for infringement on behalf of their users

F

T/F. UCC takes priority over the Berne convention

F

T/F. Visiting a website and making music available for download is file sharing

F

The 1976 Copyright Act extended the duration of the renewal term for an additional 19 years, making the total renewal term 50 years. T/F

F

The Sonny Bono Term Extension Act of 1998 amended the 1960 Copyright Act. T/F

F

There is no way for a copyright owner to abandon their work. True or false?

F

Downloading technology allows for the continuous transmission of music over the Internet in real time so that listeners can hear the music as it is transmitted to them from a website or other source. True or false?

FALSE

FALSE OR TRUE- If a use is for a nonprofit purpose, it can never be considered a fair use.

FALSE

In mid 2003, the RIAA filed the first round of lawsuits against file shares and the media/public reacted with much sympathy for the recording industry. True or false?

FALSE

Once a work has entered the public domain, it can never be brought back under copyright protection. True or false?

FALSE

Streaming allows people to make or download copies of digital music files from the Internet. True or false?

FALSE

TRUE OR FALSE- Copyright status is only granted to well-known authors and filmmakers.

FALSE

TRUE OR FALSE- Even if a defendant can prove that he or she created the work independently and any similarities between the works are coincidental, the defendant will be liable for infringement.

FALSE

TRUE OR FALSE- If a court finds a defendant guilty of infringement, the court must order the destruction of all infringing articles.

FALSE

TRUE OR FALSE- If the infringement is of a continuing nature, the limitations period begins to run from the date of the first act of infringement.

FALSE

TRUE OR FALSE- Irreparable harm is not normally presumed to exist in copyright infringement claims.

FALSE

TRUE OR FALSE- The 1ST SALE DOCTRINE applies to a REPRODUCTION but DOES NOT apply to DISTRIBUTION?

FALSE

TRUE OR FALSE- a reproduction occurs when a work is entered into a computer for only a TEMPORARY PERIOD?

FALSE

TRUE OR FALSE-If an infringement is made willfully, the infringer may be subject to criminal liability.

FALSE

TRUE or FALSE- The US extended any copyright protection to foreign works in the early 1900s

FALSE

If an intangible work was not made available in some tangible form, it is very easy to prove its existence anyways. True or false?

False

T/F Mechanical license is the license to publicly perform a copyrighted work

False

T/F The United States economy is based on the communal market system.

False

T/F. 1964 Copyright Act was the first copyright statute to allow for copyright in derivative works

False

T/F. Abandonment of copyright must occur through a written statement

False

T/F. American copyright law is based on Economic Rights Philosophy.

False

T/F. Before the world of copyright, the publishers that owned the printers still did not own the rights to the printed work.

False

T/F. Being copy-written and having copyright protection are the same thing

False

T/F. By 1842, music still wasn't copyrightable in England

False

T/F. Copyright infringement is less severe than stealing physical property

False

T/F. Deposit and copyright notice are no longer required for copyright protection, and are not highly recommended.

False

T/F. Distribution License: Allows them to reproduce and distribute a copyrighted musical work in printed form such as sheet music for a royalty

False

T/F. Even if you make a derivative from a copyrighted work without permission, the derivative is still copyrightable

False

T/F. Facts are copyrightable

False

T/F. Fair use is an affirmative right

False

T/F. Giving credit equals fair use

False

T/F. Ideas can be copyrighted

False

T/F. If someone live streams you at your house it does not count as a public performance

False

T/F. If the defendant was not aware of the infringing activity, they are not liable for copyright infringement

False

T/F. Infringement is dependent on an exchange of money or profit motive.

False

T/F. Inseparable and Interdependent works are the same thing.

False

T/F. It is easy to prove the damage costs

False

T/F. It is not copyright infringement if someone only copies part of the work

False

T/F. Nonprofit uses are always fair use

False

T/F. Only the author can terminate a transfer in any circumstance

False

T/F. Parody and satire often qualify for the fair use defense.

False

T/F. Performance rights organizations include RIAA and IFPA

False

T/F. Recording artists are not responsible for clearing samples, the record company is

False

T/F. Regarding joint and several liability, only some infringing parties will be liable for infringement

False

T/F. Selling unoriginal works without permission is legal

False

T/F. Sound recordings were protected under the Copyright Act of 1909

False

T/F. Substantial similarity is easy because there is a clear line on the amount of stolen work

False

T/F. The 6 bar rule determines copyright infringement

False

T/F. The Compulsory Mechanical License applies to only dramatic musical works. True or false?

False

T/F. The Copyright Act of 1970 had a 14 year maximum protection

False

T/F. The Teach Act says that educational use is not exempted

False

T/F. The United States generally accepted and would extend copyright protection to foreign works

False

T/F. The statute of limitations says you can make a claim up to 5 years after infringement

False

T/F. Today's US Copyright lasts exactly life plus 70 years.

False

T/F. Under the utilitarian philosophy, the costs and works of extending copyright to a new type of work or a new type of use must be threatened against each other.

False

T/F. Works in public domain are copyrightable

False

T/F. You can never lose your right to terminate transfers

False

T/F. You do not need to obtain copyright owner's permission in order to make a derivative work

False

T/F. You don't have to cite the original author if the work is in the public domain

False

T/F. You must copyright the music and lyrics separately

False

TRUE OR FALSE- Because copyrights protect intangible property is it not easy to infringe upon.

False

TRUE OR FALSE- Possession of an object, such as a CD, in which the copyrighted work is embodied, equates to ownership of the copyrighted work

False

TRUE or FALSE- If you do not correct mistakes to application with 90 days you have to pay another fee and submit a new application?

False

TRUE or FALSE- The job of the Copyright Office is to process registration applications, maintains records of copyright registrations, and make determinations of ownership.

False

TRUE or FALSE- There are no types of work which are exempt from the mandatory deposit requirement.

False

TRUE or FALSE- Under community property laws, either spouse would be entitled to GIVE AWAY a jointly owned copyright without the other's consent

False

The fact that a person does not realize that his actions constitute copyright infringement is a valid defense to copyright infringement. True or false?

False

True or false? A pseudonymous work is a work that no natural person is identified as author on copies or phonorecords of work:

False

True or false? The public display right is applicable to sound recordings:

False

Copyright Infringement lawsuits must be filed where?

Federal District courts

Who determines originality?

Federal court

"Pre-Release piracy" became a major problem for the entertainment industry because ___?___ often make huge investments in the creation and marketing of their works.

Film production companies Record companies Computer software companies

To correct or supplement information on your copyright registration, use a:

Form CA

What rights/regulation did the Copyright Act of 1976 NOT effect?

Formalities - copyright notices were no longer required

Which of the following did NOT form the American Society of Composers, Authors, and Publishers?

Fred Fisher

The _____issues mechanical licenses and collects mechanical royalty payments.

HFA

Which agency deals with mechanical royalty licensing?

Harry Fox Agency

Which of the following are not copyrightable?

Ideas Facts Short Phrases

Under what condition does an author's sibling get the termination right?

If the author dies and leaves no surviving spouse, children or grandchildren and their sibling is appointed by the author.

Registration allows copyright owners to block importation of _______.

Illegal copies

Types of similarity in proving the copying of a copyrighted work include

a. Substantial similarity b. Fragmented similarity c. Striking similarity

Digital technology is a threat to copyright owners because

a. There is virtually no loss of sound quality regardless of how many generations of copies are made b. Digitization provides an easy and inexpensive way to reproduce and distribute an unlimited number of copies

The Berne Convention was held in 1886, but did not become effective in the US until:

March 1, 1989

If a song is written by one author, copyright ownership...

May still be split among several parties

Licenses for different uses of music include...

Mechanical licenses Performance licenses Synchronization licenses

Which country has extended its copyright to life of author + 100 years

Mexico

Royalties must be paid on a ______basis?

Monthly

For a work to be eligible for copyright protection, it must meet what two criteria?

Must be original and must be fixed in a tangible form

What treaty or act provides for a MINIMUM of copyright term of 50 YEARS for SOUND RECORDINGS?

NAFTA

Songwriters can always use the six bar rule when determining if their song is original.

Never

Do all performances require permission of copyright owners first?

No

Does a person have to contribute as an author to be a co-owner of a work?

No - People who don't contribute as an author (recording companies, etc...) will often be co-owners

Bob released a song about a toxic relationship. A few months later, Ben also released a song about a toxic relationship, though it sounded nothing like Bob's. Is Ben liable for infringement?

No - Themes and ideas are not protected under copyright law

In 1997, the______was signed into law. The____ expanded the applicability of criminal penalties for copyright infringement to situations where an infringer acts without direct financial motivation.

No Electronic Theft Act

A group of students rents out the conference hall in a nearby church to hold their open mic night. Several of the students sing popular copyrighted music. Is this protected by the religious services limitation?

No because the performance was not part of any sort of religious ceremony or service

If a company gives an individual $5,000 to write a jingle, and the individual is not paid a salary or given benefits, is the jingle a work for hire?

No, the individual is not an employee

Several authors campaigned for copyright protection in the Colonial States, including

Noah Webster, Thomas Paine

An exclusive licensee can

Only sue for infringement of the particular right that they own

The three main responsibilities of a PRO include all of the following EXCEPT:

Paying artists and record companies based on the number of performances of their music

What type of license do you need in order to play a song on guitar at a farmer's market?

Performance License

________play an important role in assisting composers, publishers, and songwriters in licensing and collecting royalties for public performances of their music.

Performance Rights Organizations

The two categories of property are real property and ______property

Personal

T/F. Immediately after the RIAA's initial round of filesharing lawsuits, there was a substantial decrease in filesharing

T

T/F. Intellectual Property is the number one export in America.

T

T/F. Napster was sued for copyright infringement because they gave away free music and people had the right to share the music they illegally downloaded

T

T/F. Net neutrality treats all information equally

T

T/F. North American trade agreement require protection for sound recordings

T

T/F. Not all commercial use will be unfair

T

T/F. Not all nonprofit use will be fair

T

T/F. Peer to Peer file sharing makes it possible to allow many different computers to be connected directly to each other without any centralized computer which stores the files

T

T/F. Performance licenses come from ASCAP, BMI and SESAC

T

T/F. Streaming allows for the continuous transmission of music over the Internet in real time so that listeners hear the music as it is transmitted to them from a website or other sources

T

T/F. Streaming counts as a public performance

T

T/F. The Berne Convention became effective March 1, 1989 in the US

T

T/F. The DMCA stands for The Digital Millennium Copyright Act

T

T/F. The Napster users were the direct infringers in the Napster case

T

T/F. The US started protecting foreign works in 1891

T

T/F. The berne convention require protection for life plus 50 years

T

T/F. The only way to know for sure whether a particular use is fair is if the copyright owner sues for infringement and the court upholds the fair use defense

T

T/F. The reproduction right requires people to get a mechanical license or permission

T

T/F. US joined the universal copyright convention in 1955

T

T/F. When streaming music, there is no permanent element on your computer.

T

The fair use doctrine developed through court decisions in England and the United States and was made a part of the Copyright Act of 1976. True or false?

T

Vicarious Infringement occurs when a defendant has the right and ability to control an infringer's activity and receives a direct financial benefit from the infringement. True or false?

T

Licensing of the public performance right for musical compositions is handled predominately by performing rights organizations. True or false?

TRUE

TRUE OR FALSE CLASSICS Act would require digital services to pay labels and performers for their use of sound recordings made before 1972

TRUE

TRUE OR FALSE- A statute of limitations is a law that specifies a maximum time period during which a claim can be made.

TRUE

TRUE OR FALSE- CLASSICS stands for Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society

TRUE

TRUE OR FALSE- Courts BALANCE the copyright owner's lack of knowledge of infringement (was it justifiable?) against the infringer's reliance upon the copyright owner's failure to sue within the SOL period.

TRUE

TRUE OR FALSE- Fair use is a defense not an affirmative right

TRUE

TRUE OR FALSE- Melody is usually the most memorable element of a song

TRUE

TRUE OR FALSE- Sound Exchange collects and distributes digital performance royalties on behalf of recording/featured artists, master rights owners (like record labels), and independent artists who own their masters.

TRUE

TRUE OR FALSE- The statute of limitations period for copyright infringement claims begins to run from the moment the infringement begins.

TRUE

TRUE OR FALSE- a copyright owner may be able to RECOVER PROFITS that the infringer earned indirectly as a result of its infringement?

TRUE

TRUE OR FALSE- a digital music file UPLOADED from a computer to a website is a reproduction?

TRUE

TRUE OR FALSE- bilateral treaties Are treaties between two countries

TRUE

TRUE OR FALSE- copyright owner will hire an expert witness=musicologist=music theory expert

TRUE

TRUE OR FALSE- subliminal infringement basically when you hear a song, tuck it away in your brain unconsciously, then use elements of it when writing your own song.

TRUE

TRUE OR FALSE- under the 1ST SALE DOCTRINE, a copy or phono-record containing a copyrighted work which has been legally acquired CAN BE SOLD WITHOUT the copyright owner's CONSENT?

TRUE

TRUE or FALSE- Ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries are not copyrightable and are therefore part of the public domain.

TRUE

The injunction did not order Napster to shut down rather it required Napster to take steps to monitor its service in order to prevent the massive copyright infringements that have been occurring. True or false?

TRUE

The main goal of the Universal Copyright Convention (UCC) was to bring the US into the international copyright community. True or false?

TRUE

The _______contains three provisions: Royalty System, Copy Protection, and Infringement Exemption

The Audio Home Recording Act

The Geneva Convention is also known as

The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms

What is the copyright term of works published before 1978?

95 years

Is expression required to create an original work?

Yes

Is it normal for educational books to be translated without permission from original authors?

Yes

In ____, the United States amended its copyright law to include sound recordings as a category of copyrightable works

1972

What year were sound recordings first protected in the United States?

1972

The Geneva Convention became effective in the United States in

1974

The United States joined the Berne Convention in

1989

The US passed the Uruguay Round Agreements in...

1994

The vast majority of copyright infringements are subject to criminal penalties. True or false?

false

Results of the initial round of file sharing lawsuits by the RIAA were...

-A fairly substantial decrease in file sharing -Convinced casual file shares that illegally downloading a few songs is not worth the risk of being sued

Berne Convention imposes certain minimum standards of protection:

-Duration of copyright must be at least life plus 50 years (though many provide a longer term) -Member countries' laws must provide for some fair use of copyrighted works for purposes such as education and news reporting

Grokster and Streamcast were sued by the RIAA, but the ruling of the original trial was reversed. The Supreme Court stated that Grokster and Streamcast were liable for which of the following reasons?

-Grokster and Streamcast intended to take place of napster -They made no attempt to use filtering tools -Both business models were based on selling advertising price they charged for ads directly proportional to number of users of software

Which of the following is a requirement for a derivative work?

-It must borrow from another work -The work must recast, transform, or adapt the work upon which it is based -The work was created by taking existing material and adding new original expression to it, in the process of transforming it into new work

Organizations that educate the public on Copyright include:

-Music Matters -Pro Music

Why should you register for copyright?

-Registration creates a public record of your claim of copyright ownership Registration provides what is legally known as prima facie (at first sight) evidence of ownership -Registration gives the copyright owner the ability to file suit

Works enter public domain when...

-The copyright to a work expires -Author did not take proper steps to secure copyright -The copyright owner abandons the work

Courts usually decide what is a work for hire v. independent contractors using which of these factors?

-Whether worker is paid a salary -Whether hiring party provides employee benefits -Whether hiring party pays the worker's Social Security taxes

About __ out of 20 downloads are from legal file sharing.

1

Derivatives of Sound Recordings include

Remixes Mashups

Under the ______Copyright Act, a copyright owner could file a renewal application at any time during the last calendar year of the initial term.

1909

The United States joined the Universal Copyright Convention in

1955

The webcasting regulations of the DMCA are contained in 17 U.S.C. sections 112 and____?

114

The Berne Convention had been signed by____ nations.

136

English parliament passed the Statute of Anne in...

1710

When did the Continental Congress establish a committee to "consider the most proper means of cherishing genius and useful arts through the United States"?

1783

When was the first American copyright statute passed?

1790

When was the first general revision of the United States Copyright Act?

1831

What is the statutory royal rate for a DPD?

9.1 cents

Only one of every _ music downloads worldwide is from a legal online music service

20

The Statute of Anne initially granted a total of ____ years of protection.

28

Generally, if you win, you only recover damages (profits) that were earned within how many years prior to the suit?

3

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 be discovered?

3 Years

The statute of limitations under the 1976 Copyright Act is

3 years

The Fairness in Music Licensing Act provides that restaurants/bars less than ____ and other retail businesses less than _____ are not required to obtain a license for the music they use.

3,750 square feet / 2,000 square feet

Shortly after the first round of RIAA lawsuits, traffic to BuyMusic.com increased by ___percent, other legitimate online music sites experienced similar growth

30

Under Section_____ of the Copyright Act, a court may award reasonable attorneys' fees to the prevailing party as well as the costs or expenses incurred in connection with an infringement lawsuit.

505

Under the 1909 Copyright Act, what was the term duration for copyright protection?

56 years (28 initial term + 28 renewal term)

How many exclusive rights are there for a copyright owner?

6

What percentage of works actually got renewed by their owners after the initial term?

80%

In 2006 the per song royalty rate was ____cents

9.1

What is Filesharing?

A software that makes it possible for individual computers connected over the Internet to communicate with each other, allowing people to search for a transfer files from one computer to others

Which of the following constitute a public performance?

A substantial number of people other than friends and family are present, held in a place open to the general public

What is a pseudonymous work?

A work in which the author is identified under a fictitious name on the copies or phonorecords of the work

Reproduction DOES NOT occur in which of the following situations:

A work is transmitted in real time from a website

What is a Derivative Work?

A work that takes an existing work and adapts it in some way in order to create a new work

Which Performing Rights Organization was formed first?

ASCAP

You can prove copying through circumstantial evidence by offering proof of 2 elements:

Access by the defendant to the copyrighted work, substantial similarity between the plaintiff's and defendant's works

Under the proposed Copyright Alert system, the Mitigation Measure would go into effect

After the fifth alert

What does AMP stand for?

Allocation for music producers

Two Belmont songwriters decided to write a song together, with the intentions of joint ownership over the work. Sam wrote most of the lyrics and melody, with little help from Robin. Sam contributed most of the content of the song, while Robin made small suggestions and let Sam write most of it. How much ownership do Robin and Sam have (separately) over the work?

Both Sam and Robin would get 50%, unless otherwise stated clearly in a written document.

Under the Copyright Act of______, the basic term for copyright is life of the author plus 50 years.

Canada

Before initiated legal action against an infringer, a copyright owner will usually notify the alleged infringer and request that the infringer stop infringing through sending a

Cease and desist letter

The 1891 amendment to the US Copyright Act is known as the...

Chace Act

The Copyright office advises____on anticipated changes in the United States copyright law as well as compliance with international treaties.

Congress

Which of the following is an agreement that permits government oversight of ASCAPs licensing activities?

Consent Decree

Streaming is described as:

Continuous transmission of music over real time from a website or other source & Allowing us to make copies of digital files from the Internet that can be stored on a computer hard drive/other storage devices and played on demand

What are the two types of material objects copyrighted works can be fixed in?

Copies and Phonorecords

What is Space Shifting?

Copying Music legally from one medium to another

Choose the falsest answer regarding Copyright Law.

Copyright law is no longer needed in today's society

Before the Berne Convention...

Copyright laws applied only to works created within a country

The main categories of intellectual property are...

Copyrights Patents Trademarks

Which of these is NOT a requirement of initial ownership:

Creativity

Section 107 of the Copyright Act doesn't define fair use. Instead, it lists several illustrative examples, including:

Criticism and news reporting

The _____creates limitations on the liability of online service providers for copyright infringement.

DMCA

What is Copyright Infringement?

Infringement is the equivalent of stealing physical property & Infringement occurs whenever someone exercises any of the copyright owner's exclusive rights without permission to do so

What kind of property does copyright protect?

Intangible

What is the requirement for joint ownership?

Intent

SoundExchange is a nonprofit org that ___________ and ____________ for digital performances of sound recordings

Issues licenses/collects license fees

In 1436, Johannes Gutenburg invented the printing press. The main benefit of the press was that.

It was cheaper to make multiple copies of written works

Sanford v _______were in a 1984 battle over copyright.

Jackson

Who invented the printing press?

Johannes Gutenberg

Permission to use a work is granted by a what?

License

Copyright lasts from

Life of last author +70 years

T/F. Foreign works published in the U.S. before March 1, 1989 are protected by the UCC

T

The Fairness in Music Licensing Act was created in order to:

Prevent certain businesses from having to obtain permission to publicly perform music in their establishments

Copyright law was initially developed as a response to the invention of the

Printing press

In order to obtain a compulsory license, the primary purpose for making your recording must be to distribute it to the public for______.

Private use

If an author believes that he or she is not likely to live longer than 25 years, the author could register works under a _______

Pseudonym

Which of these is NOT a form of infringement liability?

Purposeful Infringement

In A&M Records v. Napster:

RIAA sued file sharing company Napster for permitting users to trade copyrighted sound recordings without permission

What are the two categories of property?

Real & personal property

Some exclusive rights of copyright holders include all except...

Right to get money

The concept of ______involves using part of an existing work in order to create a new work.

Sampling

CBS Records instituted a strict policy of not accepting any unsolicited material after which lawsuit was filed?

Sanford v. Jackson

What section of the Copyright Act gives copyright owners the exclusive right to perform and to authorize others to perform their works publicly?

Section 106(4)

In order to qualify as a derivative work, musical arrangements must contain:

Substantial variations

Which of the following types of licenses Allows the licensee to reproduce and distribute a copyrighted musical work in audiovisual recordings such as movies and tv?

Synch License

A copyright owner has the exclusive right to publicly perform a copyrighted work directly or through a means of communication or transmission. T/F

T

A work published in the U.S. between 1923 and 1963 that was not renewed could still be protected in the United Kingdom. T/F

T

Despite all of the efforts by the music industry to limit the illegal availability of their content online, very swarms of online infringement remain rampant. True or false?

T

If you send a cease and desist letter, it is possible that it will be ignored. True or false?

T

It is a common practice for people to make copies of recordings on home audio recording equipment. T/F

T

Performance rights organizations only license non-dramatic public performances of music. T/F

T

Registration allows copyright owners to collect Compulsory license royalties.

T

Registration gives the copyright owner the ability to file suit T/F

T

Synchronization license allows the licensee to reproduce and distribute a copyrighted musical work in audiovisual recordings such as movies, television, and videocassettes in return for a flat fee and/or a royalty. T/F

T

T/F. Berne Convention says the duration of protection must be at least life + 50 year

T

T/F. Berne Convention takes priority over the Universal Copyright Convention

T

T/F. Copyright infringement is not dependent on any exchange of money or profit motive

T

T/F. DMCA makes it illegal to deactivate protective encrypted technologies

T

T/F. Filesharing was popular because of certain service providers

T

T/F. First sale doctrine is when someone legally owns a copyrighted work, he can sell it without permission

T

NAFTA stands for

The North American Free Trade Agreement

What was passed in 1998?

The Sonny Bono Copyright Term Extension Act

"An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned."

The Statute of Anne

In 1790, the U.S. passed the first American copyright statute based on...

The Statute of Anne

Most of the RIAA lawsuits against major offenders have resulted in

The alleged infringers paying settlement fees of $3,000 to $5,000

An injunction is an order from ______ telling someone to ________ something.

The court/ do or stop doing

Contributory Infringement occurs when a party has knowledge of the infringing activity and induces, causes, or materially contributes to the infringing conduct of another. What is a requirement of this infringement?

The defendant must have knowledge of the infringing activity, defendant must substantially participate in the infringing activity

"Now known or later developed," allows for:

The inclusion of future methods of fixation

Which of the following is NOT an example of a work that can be protected by copyright?

Title

"Original" was purposely left undefined by the 1976 Copyright Act...

To let courts establish standards of originality & to allow the categories of copyrightable works to expand in response to technological advances

Economic rights in the United States is a _______philosphy

Trade based

Any word, name, symbol, or device or any combination thereof used to identify products or services and to distinguish them from those manufactured or sold by others is called a:

Trademark

Which of the following is not one of the types of derivative works?

Translation of Citizens

Although parodies will often be considered to be fair use, there is no rule that all parodies will qualify as fair use. True or false?

True

Downloads of musical compositions are not public performances. True or false?

True

Generally, it is worth having a deposit account only if you will be registering more than 12 works a year for copyright. True or false?

True

If an author expresses an idea in tangible form, it is copyrighted

True

In the 1976 Copyright Act, Congress did away with the renewal term instead decided to base copyright duration on the authors lifetime. True or false?

True

T/F Copyright is a form of property ownership for certain types of artistic and creative works.

True

What was the main difference between the 1909 copyright act and the 1976 copyright act?

With the 1976 copyright act, copyright protection begins upon creation of the work and is not dependent upon publication

Orphan Copyrights are:

Works for which the copyright owner cannot be located or contacted

Which of these is not a multinational treaty?

Worldwide Copyright Act

What is Fair Use?

a privilege that allows someone other than the copyright owner to use a copyrighted work in a reasonable manner without the owner's consent

The Digital Millennium Copyright Act addresses issues such as

a. Anti-piracy provisions b. Online service provider liability c. Rules for webcasters

The Berne Convention

a. Does not mention any rights of distribution or public display b. Requires protection of the exclusive rights of reproduction, translation, adaptation, and public performance c. Requires the recognition of moral rights

Which of these is a coercive remedy?

a. Injunction b. Impoundment c. Destruction

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include

a. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes b. the nature of the copyrighted work c. the amount and substantiality of the portion used in relation to the copyrighted work as a whole d. the effect of the use upon the potential market for or value of the copyrighted work.

True or false? Taking apart the sounds of a single recording and reassembling them to create a new recording of the original is called a "mashup":

false

True or false? The Teach Act does not allow for the educational use of copyrighted material in digital form in any circumstances:

false

What is duration of a work created after 1978?

life + 70

Infringement occurs:

whenever someone exercises any of the copyright owner's exclusive rights without permission to do so