MC 4163 FINAL: Copyright
In determining if a "fair use" has occurred, what four factors must courts consider? Know the court factors and HOW THEY ARE APPLIED.
1. What is the purpose and character of the use? 2. What is the nature of the copyrighted work? 3. How does the amount and substantially of the portion of the work used to relate to the entire work as a whole? 4. What is the effect of the use on the potential market, for, or value of, the work?
How long does the exclusive right last?
70 years after the author's death.
What happens when the work is in the public domain?
Anyone can use it.
Does copyright only for really good work or can it also be really crappy work?
Anything.
What is the copyright for and what it is it created?
As soon as the work is created. It has to be an original work of authorship, fixed and tangible meaning of expression.
Easiest way to not get sued for copyright?
Ask to use the material.
Capital law or state law?
Capital law/Federal law
What is the duration of copyright protection for work created after Jan. 1, 1978?
Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author's death.
What is copyright infringement?
Copyright infringement is the act of downloading, storying, using, copying, and/or sharing something created by someone else without the permission from the person or entity who created it. Violation of a copyright is against OSU policy and Federal/State law. 1st things to prove is your copyright.
What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
Does copyright law protect domain names?
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Number (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assigning of domain names through accredited registers.
Is copyright law federal or state law?
Federal Law. Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression.
What would the plaintiff have to prove? You're the one who owned the copyright and you're suing somebody, what do you have to prove to prove copyright infringement?
It's mine, I own it, my copyright work. Prove that the two works are substantially similar in what the idea and express of that idea. If the ideas are substantially dissimiliar, then you can't claim copyright infringement. You must prove BOTH the idea and then the expression.
Book cover be copyright?
No.
Common phrase be copyright?
No.
Copyright have unlimited ownership forever?
No.
Does the copyright have to have the "C" next to the work?
No.
Fact be copyright?
No.
Can an idea be copyright?
No. But the express of that idea can be copyright.
Can someone go make copies of books?
No. Cannot reproduce. You only own the amount of copies you purchased.
Does it matter if the infringer made a profit?
No. Matter if the original work was taken without consent from the original owner losing pay.
Why does copyright exist? Where is the source of it found?
The U.S. Constitution. The purpose is to further the progress of science of useful art. The purpose is to not make a profit. It's the provide benefits to society.
What are the elements the plaintiff must prove for copyright infringement?
The defendant has access to the copyrighted work. The two works are substantially similar in their ideas and the expression of those ideas.
What is the primary purpose of copyright law? In other words, the U.S. Constitution gives Congress the ability to do what through regarding copyright law?
The primary story of copyright in U.S. law focuses economic incentives and social progress. The U.S. Constitution gives Congress the ability"... to promote the Progress of Science and useful Arts, by securing for a limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." All of U.S. copyright law (and patent law) grows from this one brief phrase in the constitution.
How much of a different media may students use? Motion media (movies, film clips, excerpts from television shows)
Up to 10% of the total or three minutes, whichever is less (aggregate amount)
How much of a different media may students use? Music, lyrics and music video
Up to 10% of the work (aggregate amount). But not more than 30 seconds of the music of lyrics from an individual musical work.