Copyright Law 11-15
Provides international protection against record piracy by recognizing the rights of reproduction, distribution, and importation of sound recordings
Geneva Convention
The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
Geneva Convention
US joined in 1974
Geneva Convention
Agency of the United Nations based which administers the Berne Convention
WIPO
An agency of the UN that works for increasing international legal protection for copyright and other intellectual property
WIPO
National Treatment Principle
each country agrees to give citizens of foreign countries the same degree of copyright protection that it gives to its own citizens
Infringment of any of a copyright owners exsclusive rights
misdemeanor punishable by imprisonment for up to one year, find up to 100,000 or both
Infringement to be considered willful
must be provided that the defendant knew that it acts constituted copyright infringement or that there was a high probability that its acts constituted copyright infringement
Under the DMCA, if circumvention of copyright protection systems is found to be willful and for commercial advantage or private financial gain
infringer is subject to a fine up to $ 500,000, imprisonment of up to five years, or both.
If the court finds that the infringement was committed innocently
it can decrease the award of statutory damage to $200.
In order to prove that the defendant's conduct was for purposes of commercial advantage or private financial gain,
it must be proved that the defendant actually made a profit.
Statue of limitations
law that specifies a maximum time period during with a claim can be made
Transitory communications, under Section 512(a) of the Copyright Act
limit the liability of service providers for copyright infringements of their users.
Section 512(c) of the Copyright Act
limits the liability of service providers for infringing material on websites which hosted on their systems at the direction of the user.
Section 512(b) of the Copyright Act
limits the liability of service providers for retaining a temporary copy of frequently accessed Internet material for a limited time so that subsequent requests for the material can be fulfilled by transmitting the retained copy instead of retrieving the material again from the original source.
Atlantic v. Howell
making an unauthorized copy of a copyrighted work available to the public does not violate a copyright holder's exclusive right of distribution
The rule regarding how much copyrighted work may be copied and still considered fair us is an absolute rule
FALSE
Under Berne Convention, formalities such as copyright registration and notice are required as a condition to copyright protection
FALSE
Uses that criticize or comment, and uses related to education are always considered fair use
FALSE
When the plaintiff would be irreparably harmed, a judge will sometimes issue a Permanent Injunctoin
FALSE
it is easy to prove ACTUAL damages in a copyright case
FALSE
In order for a country to be a member of the Universal Copyright Convention, copyright protection must be at lease life plus 50 years
FLASE
1976 Copyright Act provides that a claim for copyright infringement must be brought within _____ years from the date upon which the infringement should reasonably have been discovered
THREE
Member countries must agree to enact copyright laws that give effect to the substantive provisions of the Berne Convention
TRIPS
Provides a term of protection for performers and producers of phonograms of 50 years from the date of the performance or fixation and 20 years for broadcasts from the year in which the broadcast took place.
TRIPS
Provides for a practical international enforcement system for intellectual property rights
TRIPS
NAFTA requires copyright protection for :
- computer programs, data compilations, and sound recordings - recognition of rental rights for sound recordings - limitations on compulsory licensing - recognition of rights against unauthorized importation of copies of protected works for member countries
If a defendant is found guilty the court may order that all infringing articles are
- destroyed sold or given to plaintiff
The longer one waits to bring a legal claim the more difficult it is to resolve a dispute fairly because
- witnesses die - witnesses' memories fade - relevant documents lost
In order to qualify for restoration, a work must not be in the public domain in its source country but in the public domain in the United States for :
1 - failure to comply with US copyright formalities 2 - lack of subject matter protection if the work is a sound recording fixed before February 15, 1972 3 - lack of national eligibility if the works source country had no copyright relations with the Unites States at the time of publication
Injunction definition
A court order telling someone to do or stop doing something
Added amendments to the 1976 Copyright Act which made copyright notice optional and eliminated the requirement of recordation of transfers in order to file a copyright infringement suit.
Berne Convention
Effective in the US on March 1, 1989
Berne Convention
Requires the recognition of the moral rights of attribution and integrity
Berne Convention
The first international copyright convention held in 1886
Berne Convention
Allowed the president to extend copyright protection by proclamation to works origination in foreign countries if those countries if those countries also provided protection for American Works
Chace Act
Parody involves the use of a copyrighted work in order to comment on or make fun of something other than the copyrighted work, such as society in general
FALSE
Plaintiff can sue the alleged infringer for any amount they want
FALSE
A person who infringes a copyrighted work unintentionally, even without reason to believe that he is infringing, is always liable for infringment
FALSE
Awarding damages is intended to act as a deterrent to infrignemnt
FALSE
Berne Convention applies to sound recordings copyrights
FALSE
Downloads constitute both a public performance right and a reproduction
FALSE
Four factor test to be used to determine weather a specific use is fair is found at 17 USC 701
FALSE
If credit is given to the author or copyright owner, the use is considered fair?
FALSE
If use is for a nonprofit purpose, it is always considered fair use
FALSE
Injunction is always final
FALSE
Signed document abandoning copyright must be recorded with the US Copyright Office
FALSE
Service providers are liable for hyperlinks found on their system which contain infringing material
False
Includes an agreement on intellectual property called the Trade Related Aspects of Intellectual Property Rights
GATT
Minimum copyright term of 50 years for sound recordings
GATT
National treaty that is designed to encourage free international trade
GATT
Trade agreement entered into in 1992 between the US, Mexico, and Canada
NAFTA
One of the fair use factors the court finds to be most important is
Nature of the copyrighted work
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
Rome Convention
US did not join
Rome Convention
A commercial use creates a presumption of an adverse impact on the market for the copyrighted work
TRUE
A court issues a judgment specifying the amount of damages awarded and collects this amount from the infringer on behalf of the copyright owner.
TRUE
Analysis of whether the value of the copyrighted work is affected by a use requires a consideration of any actual harm to the market for the work and any harm to potential markets
TRUE
Berne Convention requires each member country must provide for some fair use of copyrighted works for purposes such as education and news reporting
TRUE
Copyright law does not allow plaintiff to recover for the emotional distress or mental anguish
TRUE
Copyright owner may elect to receive monetary damages within a specified range instead of actual damages and profits
TRUE
Digitized file is downloaded from a website to a computer is a reproduction
TRUE
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
TRUE
If an essential portion of a copyrighted work used, it will weigh against fair use
TRUE
If an infringer proves that he or she was unaware and had no reason to believe that his or her acts constituted an infringement of copyright, the court may reduce an award of statutory damages from the generally applicable minimum of $ 500 to not less than $ 200.
TRUE
If the infringement is of a continuing nature, the limitations period beings to run from the date of the first act of infringement
TRUE
In some circumstances, some Circuit Courts might decide that, although material from a copyrighted work was copied, the amount copied is insubstantial and inconsequential and therefore does not constitute infringement.
TRUE
Parody involves the use of a copyrighted work in order to criticize or make fun of the work
TRUE
Plaintiff who wins may recover several different types of monetary remedies
TRUE
The first case to apply the fair use doctrine involved an infringement suit brought in 1841 by the copyright owner of a 12-volume historical work on George Washington against a defendant who had made a condensed version of the plaintiff's work.
TRUE
The infringement of a copyright owner's reproduction or distribution rights is a felony if it involves at least 10 copies or phonorecords of one or more works with a retail value of more than $2,500 during any 180-day period.
TRUE
The use of an unpublished work is less likely to be considered a fair use than the use of a published work
TRUE
WIPO Performances and Phonograms Treaty is the first international treaty that provides protection for sound recordings distributed digitally over the internet
TRUE
WIPO copyright treaty provides that the storage of a work in a digital or electronic medium is a reproduction
TRUE
When determining whether a copyright owner has abandoned his or her rights in the copyrighted work the court will look for intent and the manifestation of intent through some overt act
TRUE
If infringement is made willfully and for purposes of commercial advantage or private financial gain
The infringer may be subject to criminal liability
A transmission of music over the internet can constitute a public performance
True
Statute of limitations period for copyright infringement claims begins to run from the moment the infringement beings
True
When a copyrighted work is transmitted over the Internet, a reproduction of the original work has taken place resulting in the creation of a new copy.
True
Allows member countries to require some formalities as conditions to copyright protection
UCC
Does not provide any protection for sound recordings
UCC
Amended the 1976 copyright act to provide for automatic restoration of copyright for certain foreign works that previously entered the public domain in the US due to publication without copyright notice
URAA
Provides protection for performers against the unauthorized fixation , reproduction, and broadcast of performances
URAA
US joined in 1955
Universal Copyright Convention
Music distribution over the internet
downloading + streaming
Under the first sale doctrine,
a copy or phonorecord containing a copyrighted work which has been legally acquired can be sold without the copyright owner's consent.
Actual Damanges
amount of money the copyright owner would have made if the infringing use had been authorized by the copyright owner
The DMCA's Anti-Piracy Provisions include
anti-circumvention and the protection of copyright management information.
Impoundment
collection and holding by the court of all infringing goods, as well as equipment and materials used to make such goods, until final judgement
Compensatory remedies
compensate the copyright owners for their losses
Injunction
compensatory remedy, tells party to cease
The Copyright Act requires that in order to be entitled to attorneys' fees, the copyrighted work must
have been registered before the infringement began or within three months of the work's publication.
Capital v Thomas
held that distribution requires actual dissemination
Infringement committed wilfully
increases statutory damages to a max of 150,000
Fair Use
privilege that allows someone other than the copyright owner to use a copyrighted work in a reasonable manner without the owner's consent
Webcasting
process used by radio stations to transmit their broadcasts over the internet
The DMCA provides
protection of information embedded into a digital file that identifies the work such as the author, the copyright owner, the performer, and the terms and conditions for the use of the work.
The Digital Millennium Copyright Act (DMCA)
provides criminal penalties for circumventing copyright protection systems and tampering with copyright management information.
The NET Act expanded the Copyright Act's definition of "financial gain"
receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works."
17 USC 504 (c)
statutory damages 200 - 30,000
The DMCA prohibits
the falsification, alteration, or removal of copyright management information or trafficking in copies of works that are linked with copyright management information that has been falsified, altered, or removed, if the offending party knew or should have known that its actions would facilitate infringement.
Under the DMCA, if circumvention of copyright protection systems is found to be willful, for commercial advantage or private financial gain and the infringer is a repeat offender
the fine can be increased to $1,000,000, imprisonment of up to ten years, or both.
A digital reproduction occurs
when a work is entered into a computer for more than a temporary period
Family Entertainment and Copyright Act of 2005
which makes it a criminal offense to make copyrighted works available to the public after they are officially released.
