Copyright Law FINAL

Melody has been defined as:

"a pleasing succession or arrangements of sound" or "rhythmically organized sequence of single tones so related to one another as to make up a particular phrase or idea."

Rhythm is:

"a regular pattern formed by a series of notes of differing duration and stress" - AKA: the beat that a musical composition follows

While a collective work is a type of compilation, it is defined as:

"a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole." - A collector work is a compilation of copyrighted works

Harmony is defined as:

"the structure, progression, and relation of chords."

How long does Patent Law protection last?

- 20 years from filing for utility and plant - 15 years from grant for design

Requirements for a design patent include:

- Article of manufacture - New - Original - Ornamental

Requirements for a plant patent include:

- Asexually reproduced - Distinctive - Novel - Nonobvious

The purpose of trademarks are to:

- Assure quality and consistency - Assist consumers with purchase decisions

Exclusions from patent protection:

- Products of nature - Laws of nature and abstract ideas - Atomic weapons - Business methods and mental steps (unless more than abstract ideas)

The Copyright Act of 1790:

- Protected books, maps, and charts - Consisted of 14 years and a renewal term of 14 years

In what year did Congress amend the Copyright Act by passing the Digital Performance Rights and Sound Recording Act, which granted a limited public performance right for sound recordings (which is set out in Section 106 (6))

1995

What is a trademark?

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

How long do trade secret protection last?

As long as the information is kept secret

What are the two most common types of transfers?

Assignments and exclusive licenses

Regarding the user's right/utilitarian philosophy, what is the theory if the incentive does not exist?

Authors might not invest the time, energy, and money necessary to create these works because they might be copied cheaply and easily by free riders, eliminating author's' ability to profit from their works.

What is a trade secret?

Any businesses info that is kept secret and gives a business a competitive advantage

Which clause states that Congress will have the power: "to promote the progress of Science And the Useful Arts, by securing for a limited time to authors and inventors the exclusive right to their writings and discoveries"?

The Copyright and Patent clause found in article 1 section 8 clause 8 of the Constitution - This clause also rewarded authors by allowing financial incentives

Which provision means that once the copyright owner sells or gives away a copy or phonorecord, he has no further rights with respect to that particular copy or phonorecord?

The First Sale Doctrine

Virtually all sound recordings are derivative works because:

Their creation typically involves transforming a song into a recorded medium

Lyrics may be copyrightable if:

They contain original expression

What are the Home Taping and the Audio Home Recording Act?

This act covers home taping and was created to allow consumers to copy recordings of copyrighted music: - For private, noncommercial use on certain digital audio devices not including personal computers while compensating copyright owners for their lost income due to the copying

The DISPLAY right is limited to the display of copyrighted works in copies and not phonorecords.

True

True or False: Patent law excludes others from invention rights.

True

True or False: The US is the largest producer and exporter of intellectual property (IP).

True

True or False: Utilitarianism aligns fluently with (and is frequently justified by) the US Constitution's grant of power to Congress "to promote that Progress of Science and useful Arts, by securing for limited Times the Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

True

T or F: The Copyright Law does not define "Dramatic Works"

True, however, they may still be copyrightable

T or F: nonexclusive licenses do not involve a transfer of ownership

True, it gives someone the right to exercise one or more of the exclusive rights but does not restrict the owner from letting others use the same right

T or F: if an existing work is not protected by copyright, it's public domain status will not be changed by the creation of a derivative work.

True. (Elvis Presley "Love Me Tender" example)

How many copyrighted works are impacted with sampling?

Two: Sound recordings (Performance) AND Musical Composition (song)

The 1909 Copyright Act: Assignment of renewal rights:

US Supreme Court stated that authors could transfer their rights to the renewal terms during the initial term

Regardless of who the authors of a sound recording are, sound recordings made by artist under contract to a record Company are:

Virtually always owned by the record company - at least by assignment or as work for hire

When does an assignment occur?

What a copyright owner transfers all or part of its ownership interest in a copyrighted work

When does an exclusive license occur?

When a copyright owner transfers one or more of its exclusive rights but retains one or more rights as well

When do works fall into the public domain?

When the copyright expires, protection that was forfeited by owners, other may have dedicated the works of public use

What is downloading?

When you purchase music and ringtones online (i.e.: iTunes)

In order to be paid for performances of a song (musical composition), you must do what?

Belong to a PRO and inform them by filing the clearance form

What is the rationale behind the termination of transfers?

Debility determine a transverse is needed "because of the unequal bargaining position of authors, resulting in part from the impossibility of determining a works value until it has been exploited"

What do trade secrets include?

Designs, devices, processes, databases, computer programs, formulas, recipes, customer list, and business plans

It a joint work, what is the right to license?

Each co-author has the right to use the work and authorize others to use the work. Co-authors can always agree otherwise by written agreement/contract.

A work that revises an earlier work is called a?

Editorial revisions

Name the most common types of derivative works.

Editorial revisions, fictionalizations, dramatizations, translations to new languages, translations to new medium, abridgments and condensations.

The work may be a work made for hire if:

Employment relationship does not exist and one party hires another to create a copyrightable work

Copyrighted work is split:

Equally, unless joint authors clearly indicate otherwise.

Can a derivative work still be used if the transfer is terminated?

Even if a transfer is terminated, a derivative work made before termination can continue to be used by the transferee

Which licenses must be in writing?

Exclusive licenses

The incentive of user's right/utilitarian philosophy?

Exclusive rights for a limited duration to authors to motivate them to create culturally valuable works.

What is the public domain?

Expired and forfeited a copyrights - creative works that are not owned by anyone and any member of the public is free to use the work without obtaining permission

Published before 1923

Expired. In the public domain

While ideas can never be protected by copyright, an authors way of _________ ideas may be protected.

Expressing

Sampling without permission of both owners is usually infringement, what are some defenses?

Fair use and de minimus ("too small") use

Reading a poem to your sweetheart is a public performance.

False

Singing in the shower is a public performance.

False

T or F: determining the author/owner of copyright of the sound recording is easy

False, it is difficult but may be all transferred via contract to the record company

T or F: Rhythm alone will always be sufficiently original to merit copyright protection

False, it will RARELY be sufficient

T or F: The application for patent law is easy to get and takes no time at all.

False, the application is time consuming and expensive. You must file with the USPTO, describe the invention with specificity, and the invention must be reviewed by USPTO examiner.

Downloading is a public performance.

False. Downloading is a reproduction.

Streaming is a reproduction.

False. Streaming is a public performance.

There are 4 American performing rights organizations.

False. There are 3: ASCAP, BMI, and SESAC

Most licenses issued by PROs are compulsory licenses.

False. They are blanket licenses.

Performance licenses are obtained by the performer rather than the performance venue.

False. They are obtained by the venue.

T or F: copyrightability of individual contributions must be equal in a joint work.

Fasle, they do NOT have to be equal

Patent law is granted by which sect of the government?

Federal

What statute prohibits unauthorized recording, manufacture, etc. of artists live musical performances?

Federal anti-bootlegging statute

As a precondition to receiving copyright protection, the copyright act requires derivitave of works to be:

Fixed in a tangible medium of expression

In regards to Fixation, Section 102 (A) of the copyright act states that copyrightable works must be:

Fixed in any tangible medium expression, now known or later developed, from which they can be perceived, reproduce, or otherwise communicated, either directly or with the aid of a machine or device.

What are foreign mechanical royalty rates?

For mechanical royalty rates are generally based on a percentage of the retail sales price or the wholesale price that record sell for

Because harmony is generally dictated my melody:

Harmony on its own will rarely be sufficiently original to be copyrightable

If a work made for hire relationship does not exist, the party commissioning the work can:

Have the creator transfer or assign the copyright via written agreement

Section 102 (A) of the Copyright Act specifies 8 specific categories of copyrightable works to illustrate the types of works and maybe copyrightable. These categories are:

Literary works Musical works Dramatic works Pantomimes and choreographic works Pictorial, graphic, and sculptural works Motion pictures and other audiovisual works, Sound recordings Architectural works

There is often a degree of overlap between dramatic works and:

Literary works, choreographic works, motion picture, and sometimes musical works

A band playing at a club is an example of:

Live performance

Of the 4 requirements for musical works, which is the most recognizable?

Melody

The transformation of a pre-existing at nonfiction work into a fictional work such as a novel is called a?

fictionalizations

Derivative works have ________ always received production under copyright law.

NOT

In 1993, who lobby Congress to change the law, arguing that the homestyle exemption was too difficult to interpret which led to passage of the Fairness in Music Licensing Act?

National Restaurant Association

What does the plant patent cover?

New & distinctive asexually produced plants

What does a design patent cover?

New, original & ornamental designs for useful articles, such as furniture and jewelry

Do you trade secrets need to be registered?

No

Can joint owners grant exclusive licenses?

No, because that would prevent co-owners from granting licenses.

Does every country subscribe to the same philosophies about copyright that the US believes?

No, in other countries, cultural esteem rather than financial gain was the main incentive for creativity.

Under the work made for hire doctrine, must the author be a human being?

No, the author can be a corporation or business entity.

T or F: The Copyright Act has defined the term "original".

No, the term "original" was purposely left undefined to let courts establish standards of originality and to allow the categories of copyrightable works to expand in response to technological advances

Which works do the compulsory license apply to?

Non-dramatic musical works

Literary works include:

Novels, magazine articles, poems, catalogs, and computer programs

Originality does not require any measure of what three things:

Novelty, ingenuity, or aesthetic merit

Musical works:

Original musical compositions or arrangements, including lyrics written by composer and lyricist - Songs consisting of: music, lyrics, or both

What are the three basic requirements for a work to be capable of copyright protection?

Originality, expression, and fixation

The 1909 Copyright Act: When to renew?

Owner could renew anytime during the last calendar year (28th) otherwise it went into the public domain

When does ownership arise?

Ownership arises from the moment of creation of the work

Common Law Rights for trademarks and service marks:

Party who is using a mark w/o any gov't registration

What means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other A/V work, to show it's images in any sequence or to make the sounds accompanying it audible?

Perform

What is a license?

Permission to use a work. Also known as an agreement (or contract) stating how the work may be used and what compensation the copyright owner will be paid for allowing the use.

___________ is a collage of multiple sound recordings combine to create a single recording

mashups

Does the term "compilation" include collective works?

Yes

Is each co-owner entitled to an equal share of any income generated by a jointly owned work?

Yes, unless the co-owners have agreed otherwise in writing, joint owners are required to account to their co-owners for their share of any profits derived from the use.

How do you obtain a compulsory license?

You must file a Notice of Intention to Obtain Compulsory License with the copyright owner. This notice must be made no later than 30 days after making your recording and before distributing it.

When did the US federal copyright law start protecting sound recordings?

1972

The history of copyright includes:

- At the beginning of the first millennium, a book trade in the Roman empire developed - In the Greek states in the middle of the first millennium, authors rather works in musicians perform their works at public gatherings - In 1436 Johannes Gutenberg invented the printing press making it cheaper to create multiple copies of written works - During the 17 century, authors rarely owned or controlled the works they created

Who can terminate transfers made beginning of January 1, 1978?

- Author or author's successors - Majority of the persons who hold the termination right must exercise termination

What are the elements of a copyrightable compilation?

- Collection assembly of pre-existing materials, facts or data - Selection, coordination and arrangement of those materials - Creation, through the selection, coordination and arrangement of an original work of authorship

To determine intent, courts look at:

- Conduct and statements of the contributors - Quality and quantity of the contribution - Registration with the copyright office

Specially ordered or commissioned works can be works made for hire if the parties agree in writing and the work fits one of the following nine categories:

- Contribution to a collector work - Part of a motion picture A/V work - Translation - Supplementary work (EX: forward to a book) - Compilation - Instructional text - Test - Answer material for a test - Atlas

1976 Copyright Act:

- Copyright protection begins upon creation (original work is fixed in tangible form) of the work and is not dependent upon publication - Copyright protection lasted for the life of the author plus an additional 50 years - Then, the period has been increased to life plus 70 years (or if joint authorship the term will last for the last of the last surviving author plus 70 years after the last surviving author's death)

Name the 4 functions of trademarks:

- Distinguish goods or services from others - Specify "source" - Indicate consistent quality - Serve as advertising device

The rights and duties of joint owners include:

- Equal, undivided ownership interest unless the joint owners clearly indicate otherwise - Right to license - Duty to keep financial records to co-owners - Joint authorship problems

Systems for Patentability:

- First to invent (prior to 3/16/2013) - First to file (prior to 3/16/2013)

The Copyright Act of 1909:

- Gave protection to "all the writings of an author" - "Writings" - interpreted by Supreme Court to include works that are based on the creative powers of the mind and are the fruits of the intellectual labor - Compulsory (mandatory) Mechanical License - provided 2cent royalty to be paid to copyright owner of a song for each record distributed, if the owner had previously authorized the 1st recording & distribution of a song - Renewal period extended to 28 years (28 initial + 28 renewal = 56)

What are the categories of trademark marks?

- Generic: not truly a mark (EX: soap, car, beverage) - Descriptive: secondary meaning needed (EX: QuikPrint - For speedy copying services) - Suggestive: require some imagination (EX: Orange Crush) - Arbitrary: Known word/unfamiliar product (EX: Blue Diamond Nuts) - Fanciful or coined: No dictionary meaning (EX: Ikea, Kodak, Pepsi)

In 1710, English Parliament passed the Statute of Anne which:

- Granted projection a new works two authors - Authors could obtain copyright protection by registering works on the Stationers' register

Properly glass via work made for hire is important because:

- Initial ownership belongs to employer or commissioning party - Different copyright term (95 years from publication or 120 years from creation, which ever is first) - There is no termination right applicable to work made for hire

What are the three main responsibilities of the PROs.

- Issue licenses and collect licensing fees - Monitor public performance of the music - Pay songwriters/publishers based on the number of performances of their music

What does the harry fox Agency do?

- Issues mechanical licenses - Collect royalty payments - Charges licensors a commission - Audits records - Only covers records manufactured and distributed in US

Federal Laws governing trademarks:

- Lanham Act (US Trademark Act) - Trademark Manual of Examining Procedure

Examples of uncopyrightable ideas include:

- Literary works: plot, stock characters, settings - Visual works: Colors and shapes - Musical works: Theme, individual works, individual notes, short musical phrases, rhythms, and harmony

The song consists of (not exclusively):

- Lyrics - Melody - Harmony - Rhythm

What are the 4 conditions to secure patent protection?

- Must be of type allowed by statute (utility, design, and plant) - Useful, ornamental, or distinctive - must "work" or be of some benefit to society - Novel (new) in relation to prior art - New and not anticipated by prior art - Nonobvious to ordinary skilled person

What is a utility patent?

- New and useful process - method of doing something (EX: process to package frozen foods) - Machine - machine which accomplishes a result (EX: blender) - Composition of matter- combo of 2 or more substances

The 1909 Copyright Act: Published Works - Federal copyright protection began upon _________________ of a work with proper copyright notice

- PUBLICATION - Provided for protection for an initial term of 28 years AND renewal of 28 years (total of 56 years of protection) But, a renewal registration had to be filed during the last year of initial term

Name three other types of intellectual property:

- Patents - Trademarks - Trade Secrets

The Copyright Office

- Processes registration applications - Maintains records of copyright registrations, etc. - Advises Congress on anticipated changes in US copyright law & international treaties - Analyzes & assists in drafting legislation - Conducts studies for Congress - Provides assistance to foreign countries - Issues regulations dealing with copyright - Conducts searches of the Copyright Office indexes - Provides the public with information about Copyright law

The Copyright Act of 1976:

- Protection: begins when a work is fixed in a tangible form w/o registration requirements - Preemption: any work created on or after 1/1/1978 is protected by this act - Subject Matter: any original works of authorship can be protected - Ownership: copyright is divisible (less than full ownership can be transferred) - Duration: life plus 50 years; (NOW: life plus 70 years) - Termination Rights: authors have right to terminate prior transfers - Formalities: copyright arises automatically upon creation of a copyrightable work; but there are reasons you should register - Fair Use: became part of the statute - Compulsory License: Enlarged the rights

What is not protected by copyright?

- Public Domain - Ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries - Facts - Names, titles, slogans and short phrases - Unfixed works - Works of the US government

Structure of the Copyright Office

- Receipt Analysis & Control Division - Registration Program - Information & Records Division - Licensing Division - Copyright Acquisitions Division

The Copyright Act of 1831:

- Renewal rights now passed a widow or children of author - First revision of the US copyright act - Included musical compositions as a class of copyrightable subject matter

Federal Registration in USPTO (not require) grants you:

- Right to bring an action in federal court - Incontestable status - Use of the registration symbol ® - Ability to bar importation of infringing goods - Prima facie (literally "on its face") evidence of validity of mark and registration - Possible basis to claim priority to an intent domain name in the online database

Acquisition of Trademark Rights:

- Rights arise from adoption and use of mark - must be public Use - Not from registration - Protection is in the geographic area where use occurs

Trademark laws protect:

- Sounds, Names, Designs, Logos, Slogans, Symbols, Colors, Packaging, Containers, and any other marks used by businesses to identify the source of their goods and services.

The US extended the duration of copyright by 20 years in 1998 for what two reasons?

- To preserve many valuable copyrights - including the copyrights to the Disney character Mickey Mouse and songs written by George Gershwin - that were about to expire - To bring the term of American copyright protection in line with many European countries

What are the 4 types of marks?

- Trademark - Service mark - Certification mark - Collective mark

Shortcomings of the Copyright Act of 1909:

- US Act still didn't match international copyright treaty (Berne Convention), which did not call for all the formalities of US - Sound recordings were not protected - 1972 Amendment gave limited copyright protection for sound recordings

When can a termination right be exercised for transfers made the beginning of 1/1/78?

- at any time during the 5 year period between 35 and 40 years after the transfer - Or, if the transfer includes the right of publication, then termination can occur during the 5 year period beginning at the end of 35 years from the publication or 40 years from the transfer date, whichever is earlier

What must be done to exercise the termination right for transfers made beginning 1/1/70 and forward?

- give written notice - Signed by the terming party or agent to transferee - State the intended transfer termination date - May be sent at anytime between 2 and 10 years before the termination date - File copy with copyright office

When is a work repaired within the scope of employment?

- if work is the type of work that the employee is paid to perform - The work is performed substantially within work hours and workplace - The work is performed, in part, for the employer

To make a derivative work you must obtain owners ___________ or it must be in the ___________

- permission - public domain or fair use

What are the differences between transfers made before 1/1/78?

- termination rights belong to authors AND to authors beneficiaries - The 5 year termination period begins 56 years after the copyright is secured - This author fails to terminate during the above period, they have a second chance beginning 75 years after the copyright was secured under the Term Extension Act

The following factors should be evaluated to determine whether the hiring party has the right to control the work of the hired party:

- the skill required to do the work - The source of tools and materials used to create the work - The location of the work performed - The duration of the relationship between the parties - Whether the hiring party has the right to assign additional projects to the hired party - The extent of the hired party's discretion over when and how long to work - The method of payment for the work - Which party decides whether assistance will be used and which party pays them - Whether the work is part of the regular business of the hiring party - Whether the party creating the work is in business for itself - Whether the hired party receives employee benefits from the hiring party - The tax treatment of the higher party

Fixation is defined as:

.... a work is fixed in a tangible medium of expression when it's embodiment in a copy or phonorecord, by or under the authority of the copyright owner, is sufficiently permanent or stable to permitted to be perceived, reproduce, or otherwise communicated for a period of more than transitory duration.

The Author's Right (or natural right) Philosophy

An author is believed to be morally entitled to control and exploit the products of his/her intellect

What are the two requirements for derivative works?

1. the work must borrow from another work. (Must obtain license to use existing work unless it is fair use or in the public domain) 2. The work must recast, transform, or adapt the work upon which it is based

How long was the copyright protection provided by the Statue of Anne:

14 year term of copyright protection, with an additional 14 year term if the author was still alive

What is the statutory rate for digital downloads?

9.1 cents

When do digital photo record deliveries occur?

A musical work is transmitted in digital format over the Internet and downloaded

Who is John Locke and what did he believe?

A well known advocate of the author's right philosophy who believed that because authors own their bodies, they own the labors of their bodies.

How is a Compilation defined?

A work formed by the collection assembling of pre-existing materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitute an original work of authorship

What does originality mean at its simplest?

A work has been independently created by it's author rather than copied from another work

Joint work is defined as:

A work prepared by 2 or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole

What is a derivative work?

A work that takes an existing work and adapts it in someway by adding new, original expression in order to create a new work. This is also known as the "Adaption Right".

Dramatic works tell a story through:

Action, dialog, and narration

In 1557, a revision of the Licensing Act was passed that required:

All books to be registered with the Stationers' Company, which recorded who own the copyright.

What is the fair use defense?

Allows people to use copyrighted works without permission and without paying for their use in certain circumstances, thereby preventing copyright from acting as a deterrent to free speech.

Transferring made before 1/1/78:

Allows the author (or successor) to recapture the 39 year extension of the renewal period

Synchronization license:

Allows the licensee (movie or television producer) to reproduce and distribute a copyrighted musical work in audiovisual recordings such as movies, television, and video cassettes in return for a flat fee and/or a royalty

Performance license:

Allows the licensee (radio or television station, concert venue, business establishment, etc.) to probably perform a copyrighted musical work in return for a royalty

Mechanical license:

Allows the licensee (record company or recording artist) to reproduce and distribute a copyrighted musical work in recordings such as compact discs and cassettes in return for a royalty (a percentage of the sale price) on recordings sold.

Distribution license:

Allows the licensee to distribute a copyrighted musical work or sound recording in return for a distribution fee

Print license:

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

American copyright law is based on which philosophy?

Although historically based on upon the user's right philosophy, it may be more accurately described as an economic rights (or trade based) philosophy.

Once the first distribution has been authorized, the copyright owner __________ control future distributions and the owner of each copy/phonorecord can choose what to do with it

Cannot

Phonorecords include:

Cassette tapes, CDs, digital audio tapes, MP3 files, and other media capable of capturing and storing sound

Copyright Ownership Issues

Causes: - More than one person creates a work - Work has multiple parts - Work is created by an employee Determination of ownership - Affects other rights - Ability to transfer or license work - Duration of copyright

Copyrights are unique from other types of property in that:

Certain transfers of ownership can be revoked by the author - author can take back ownership of property that was previously transferred

Copies is defined as:

Copies encompass any material objects other than phonorecords. A musical work could be fixed in several different types of copies such as a lead sheet, written lyrics, musical score, etc.

1976 Copyright Act - musical work may be fixed in either:

Copies or phonorecords

What two objects must a copyrightable work be fixed in?

Copies or phonorecords

A way that the law gives creators and owners of creative works the right to control and profit from the use of their creations.

Copyright Law

What happens when the author made a contractual agreement to transfer copyright any work before 1970, but the work was created after January 1, 1978?

Copyright office says that the key date will be the date the work was written (rather than transferred, since no rights can exist before the work is created)

A license to use music (song/musical composition) in a dramatic performance (ie: Play) must be obtained directly from:

Copyright owner

What happens after termination?

Copyright reverts to the author

Categories of intellectual property include?

Copyrights, patents, and trademarks

Sound Recordings copyright:

Covers the rendition or performance of the musical work; it is the particular version of a musician singing or playing a musical work as that rendition is captured on CD, etc.

The no electronic theft act provides?

Criminal prosecution even if no monetary profit or commercial gain is derived

In 1534, the Crown passed a law known as the Licensing Act which:

Required that anyone who wanted to publish written works must first obtain a license

The requirement for Expression is in Section 102 (B) be of the Copyright Act, which states:

In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principal, or discovery, regardless of the form in which it is described, explained, illustrator, or embodied in such works.

When do termination rights not apply?

In works made for hire situations

Literary works do not include:

Individual words or ideas, theme, general plot, and factual information

Requirements for Joint Ownership

Intent and copyrightability of individual contributions

Patent law protects ___________,___________, and ___________.

Inventions, discoveries, and product design

Nonexclusive license is do not have to be in writing, but:

It is best practice to do so

In which ways is copyright law limited?

Its scope is limited to original works of authorship, it protects only expression rather than ideas, and certain uses of copyrighted works are permitted w/o the copyright owner's consent

Created 1/1/78 and after

Protection begins: On date of fixation in tangible form Duration: General: Life of author + 70 years; Joint Works: Life of last surviving author plus 70 yrs; Works for Hire, Anonymous & Pseudonymous Works: 95 yrs from publication or 120 years from creation, whichever is shorter

Created before 1978 but published between 1/1/78 and 12/31/02

Protection begins: Upon creation under common law; 1/1/78 under 1976 Act Duration: Life of author + 70 years or 12/31/2047, whichever is longer

Created before 1978 but not published

Protection begins: Upon creation under common law; 1/1/78 under 1976 Act Duration: Life of author plus 70 years or 12/31/2002, whichever is longer

Published from 1923 to 1963

Protection begins: Upon publication with copyright notice (if pub w/o notice, public domain Duration: 28 year initial + 67 year automatic renewal term (if renewal registration filed during 28th yr of initial term)

Published from 1964 to 1977

Protection begins: Upon publication with copyright notice (if pub w/o notice, public domain) Duration: 28 year initial + 67 year automatic renewal term

What right covers the initial rendition (directly) of the work and all other renditions however transmitted or communicated.

Public performance right

Co-owners are free to agree to any other ownership rules as long as they:

Put their agreement in writing, however, if they do not agree otherwise in writing, the Copyright Act's rules apply.

This digital audio transmission of sound recordings is exempt from the digital public performance right, therefore, licenses are not required?

Radio (terrestrial analog broadcasts)

How often is the compulsory mechanical license used?

Rarely because it's requirements are very straight and a bit impractical

Which act states the owner of a phonorecord may not, for commercial advantage, rent, lease or lend, without copyright owners permission?

Record Rental Amendment Act

What always involves a violation of the copyright owners reproduction and distribution rights?

Record piracy

The compensation paid to a copyright owner under a license is usually paid in what form?

Royalties

This has been in existence since 1851 in France.

SACEM

___________ is using part of an existing work in order to create a new work also known as borrowing from other works

Sampling

This law deals with "performing" musical composition/songs (and not sound recordings)?

Section 106 (4)

This law deals only with "performing" sound recordings.

Section 106 (6)

Copyrightable elements for sound recordings include the way the musical composition is:

Sung by the vocalist, played by the musicians, arranged by the musical director or producer, or mixed by the engineer

Which act amended the 1976 copyright act, extending the previous 47 year renewal term buy adding an additional 20 years as well as adding 20 years to works created beginning in 1978.

The Sonny Bono Term Extension Act of 1998

The Licensing Act led to a publishing monopoly by a group of English printers and booksellers known as:

The Stationers' Company

What is the difference between an employee and a contractor?

The Supreme Court held that a person is an employee if the party on whose behalf the work is performed has the right to control the manner and means by which the work is performed

In 1842, which statue recognize the copyrightability of music and England?

The Victoria Statute

What is a controlled composition clause?

The artist guarantees the record company that it will be able to obtain mechanical licenses for any songs written, owned, or controlled by the artist at reduced rates.

What is the Berne Convention requirement for all member countries to have as a minimum copyright term?

The author's life plus 50 years

What is the most important limitation on the reproduction right for musical works?

The compulsory mechanical license

What is the dubbing limitation?

The copyright in a sound recording only protects against copy of the actual recorded sounds and not against imitation of those sounds

Translations to new language is a derivative work because?

The creative choices may satisfy the requirements of originality and expression

The copyright owner of the work made for hire will have the same rights in the work that any author would have except:

The duration of copyright protection (95 years from publication or 120 years from creation, whichever expires first)

What is the Author's Right (or natural right) Philosophy based on?

The idea that an author should be allowed to obtain the reward for his contribution to society and to protect the integrity of his creation as an extension of his personality

Is the most important day of a transfer the day the work is created or the date the transfer is made?

The most important date is the date when a transfer of rights is made

At its simplest form, melody consists of:

The musical notes, the duration of these notes, and the order or arrangement of notes

In its simplest form, a musical work is:

The notes and words

In its simplest form, a sound recording is:

The performance you here when you play the radio or CD

Who is the author of the sound recording?

The performer whose performance is fixed or the record producer who processes and edits the sounds are both

6 Exclusive Rights

The right to reproduce, distribute, adapt (or creative derivative works), publicly perform, and publicly display a copyrighted works

Sally song writer wrote a song in 1950 that was not publish. Sally died in 1980, when does the copyright expire?

The song is protected by common law copyright until 1978, at which time it became subject to federal copyright protection for Sally's life +70 years

You are allowed to make an arrangement of the copyrighted song to the extent necessary to conform the work to the style or matter of interpretation of your performance, however:

This arrangement privilege is very limited and does not allow you to change the basic melody or fundamental character of the work. Minor changes to the work are permitted, such as recording the work in a different key than it was written in or changing pronouns from masculine to feminine or vice versa.

What is a negotiated mechanical license?

This license is negotiated between the record company and the copyright owner (usually by way of a publisher or agency representing the publisher, such as Harry Fox Agency)

What is the primary purpose of copyright law under the utilitarian (user's right) philosophy?

To encourage the widest possible production and availability of artistic works

Downloading is a reproduction.

True

One of the limitations of Section 106 (6) (the public performance right for sound recordings), is that the sound recording performance right only apples to digital audio transmissions.

True

PROs only license non-dramatic public performances of music.

True

Performing a song at Belmont in the cafeteria is a public performance?

True

Performing a song at the stage in Opry Mills on Friday night is a public performance.

True

Streaming is a public performance.

True

T or F: Downloading is the equivalent to reproduction

True

T or F: Originality also requires a minimal amount of creativity.

True

T or F: Originality and a compilation is found in the material selected by the author and the way in which those materials are arranged.

True

T or F: Santa Cordon's fix before 2/15/72 are not protected by federal law, that may be protected under state law and will enter the public domain on 2/15/2067 (Or before that if the law of the state does not protect them for that long)

True

T or F: The first state copyright statute was passed in 1783 by Connecticut; by 1786, 12 of the 13 colonial states had passed copyright statues.

True

T or F: The termination right cannot be waived by the author.

True

T or F: There must be a written agreement between the parties in regards to a work made for hire.

True

T or F: if an employee creates a copyrightable work as part of job, the employer will own the copyright regardless if there's contract or discussion.

True

T or F: if words are written independently of music without any intention at the time creation that they will be combined with music, the work will be considered to be a literary work.

True

T or F: is an author expresses an idea and original manner and fixes that expression in a tangible form, the expression is protected by copyright law.

True

What is the exemption to the general rule that copyright ownership vests initially in the works creator?

Works made for hire

What are the two categories of work made for hire?

Works prepared by employees within the scope of employment and specially ordered or commission work

Sound Recordings are defined as:

Works that result from the fixation of a series of musical, spoken or other sounds, but not including the sounds of company a motion picture or other A/V work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied.

How are literary works defind?

Works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied.

Can a copyright be divided without restriction?

Yes

Do sound recordings receive a lesser degree of protection than other types of copyrightable works?

Yes

Does the copyright owner have absolute control over the first recording of it song?

Yes

Section 110 provides exemptions from the performance right for nonprofit, education, and _________ uses.

charitable

The transformation of a pre-existing work into a work that can be performed on stage is called a?

dramatizations

If you buy a CD you are _________ to display the album cover artwork publicly. However you would not be able to display the painting on a website over the Internet because display made pursuant to section 109C can only be made to viewers present at the place where the copy is located.

free

Derivative works are generally held to a slightly ___________ standard of originality

higher

Contracts can be kept by copyright office however recordation of copyright transfers:

is not mandatory

Downloads of sound recordings require what type of licenses?

negotiated

On demand streaming services, like Pandora, (recipient pays a fee to hear transmission and determines what music will be transmitted) are subjected to what kind of licenses?

negotiated

The 1909 Copyright Act: Unpublished Works - were _______ protected under the Federal act, but were protected by common law rights

not

Whether arrangement is copyrightable as a derivative work depends ____________________________________________ that has been added by the arranger.

on the amount of original expression

The copyright in a derivative work extends only to the ___________ material contributed by the author of the derivative

original

In addition to civil awards for actual damages, lost profits, or statutory damages of up to $150,000 per infringement, record pirates can also be subject to:

penalties for criminal copyright infringement.

This involves taking apart the sounds of a single recording and reassembling them to create a new recording of the original.

remix

Performing Rights Organizations use _________ to estimate the number of times songs (musical compositions) are performed.

sampling

Because musical composition is based on a fairly limited musical vocabulary, arrangements must contain _________________________________ in order to be copyrightable as derivative works.

substantial variations