Copyright Law 11-15

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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.


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