Copyright Basics Quiz
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Questions and Answers

Joint authors have separate interests in their contributions to a work.

False (B)

A work made for hire can consider the hiring party as the author of the work.

True (A)

An employee's artwork created outside their regular duties is considered made for hire.

False (B)

All copyright rights must be transferred in writing to be valid.

<p>False (B)</p> Signup and view all the answers

Collective works allow for individual contributions to share copyright equally.

<p>False (B)</p> Signup and view all the answers

A translation is one of the types of work that can be classified as made for hire.

<p>True (A)</p> Signup and view all the answers

Mere possession of a copy of the work grants ownership of the copyright to the owner.

<p>False (B)</p> Signup and view all the answers

Works made for hire can be determined only by the creator's intent.

<p>False (B)</p> Signup and view all the answers

Copyright protection exists automatically from the moment a work is invented.

<p>False (B)</p> Signup and view all the answers

A work is considered 'fixed' when it can be perceived and reproduced for a short time only.

<p>False (B)</p> Signup and view all the answers

Musical works can be protected by copyright, including any accompanying lyrics.

<p>True (A)</p> Signup and view all the answers

Only dramatic works that include music are protected by copyright.

<p>False (B)</p> Signup and view all the answers

Copyright only covers literary and musical works.

<p>False (B)</p> Signup and view all the answers

To claim copyright, a work must be created by more than one author.

<p>False (B)</p> Signup and view all the answers

Architectural works are considered copyrightable under U.S. law.

<p>True (A)</p> Signup and view all the answers

Copyright registration is optional for works created before contacting the U.S. Copyright Office.

<p>True (A)</p> Signup and view all the answers

The initial term of copyright for works published before January 1, 1978, lasts for twenty-eight years.

<p>True (A)</p> Signup and view all the answers

Copyright registration was mandatory for all works published before 1992.

<p>False (B)</p> Signup and view all the answers

A copyright notice is required to enforce copyright rights through litigation.

<p>False (B)</p> Signup and view all the answers

Renewal registration of copyright is optional as of June 26, 1992.

<p>True (A)</p> Signup and view all the answers

The total term of copyright protection can extend up to ninety-five years.

<p>True (A)</p> Signup and view all the answers

A completed application form is not necessary for copyright registration.

<p>False (B)</p> Signup and view all the answers

Copyright exists automatically in an original work only after it is registered.

<p>False (B)</p> Signup and view all the answers

The copyright symbol along with the year of first publication is part of the copyright notice.

<p>True (A)</p> Signup and view all the answers

A copyright can be bequeathed through a will or passed as personal property under state laws of intestate succession.

<p>True (A)</p> Signup and view all the answers

Recordation of a copyright transfer is mandatory for the transfer to be valid.

<p>False (B)</p> Signup and view all the answers

An author can terminate a copyright agreement after fifteen years.

<p>False (B)</p> Signup and view all the answers

A notice of termination must be recorded to be valid and effective.

<p>True (A)</p> Signup and view all the answers

For works created on or after January 1, 1978, copyright lasts for the life of the author plus fifty years.

<p>False (B)</p> Signup and view all the answers

Works made for hire have copyright duration options of either 95 years from publication or 120 years from creation.

<p>True (A)</p> Signup and view all the answers

For works created before January 1, 1978, the copyright term can expire as early as December 31, 2000.

<p>False (B)</p> Signup and view all the answers

If a work was published on or before December 31, 2002, its copyright cannot expire before December 31, 2047.

<p>True (A)</p> Signup and view all the answers

A certificate of registration does not create a public record of the claimed work's authorship and ownership.

<p>False (B)</p> Signup and view all the answers

Registration is required before filing an infringement suit for U.S. works.

<p>True (A)</p> Signup and view all the answers

If registered before publication, one must re-register their work when it is published.

<p>False (B)</p> Signup and view all the answers

An effective date of registration is established based on how long the Copyright Office takes to evaluate the materials.

<p>False (B)</p> Signup and view all the answers

A copyright owner who registers their work within three months after publication is eligible for statutory damages.

<p>True (A)</p> Signup and view all the answers

Registration offers statutory advantages related to protection against the importation of infringing copies.

<p>True (A)</p> Signup and view all the answers

Incomplete submissions do not affect the effective date of registration.

<p>False (B)</p> Signup and view all the answers

An online application for copyright registration can be submitted through www.copyright.gov.

<p>True (A)</p> Signup and view all the answers

A copyright owner must register their work within five years of its first publication to claim statutory damages.

<p>True (A)</p> Signup and view all the answers

Works published in the United States do not have to adhere to mandatory deposit requirements.

<p>False (B)</p> Signup and view all the answers

Statutory damages and attorneys' fees can be claimed if a work is registered within three months after its first publication.

<p>True (A)</p> Signup and view all the answers

An international copyright automatically protects an author's works globally.

<p>False (B)</p> Signup and view all the answers

The deposit requirements for registering a published work are the same as for an unpublished work.

<p>False (B)</p> Signup and view all the answers

Most countries do not offer protection to non-U.S. works under any conditions.

<p>False (B)</p> Signup and view all the answers

Two complete copies of the best edition must be sent to the Copyright Office as part of the mandatory deposit requirement.

<p>True (A)</p> Signup and view all the answers

All works published before March 1, 1989, are exempt from copyright notice requirements.

<p>False (B)</p> Signup and view all the answers

Flashcards

What is Copyright?

Copyright is a legal protection granted to authors of original works of authorship that are fixed in a tangible form, like a book, song, or painting. It gives the author exclusive rights to use and control their work.

What types of works are protected by copyright?

Works that are eligible for copyright protection include literary works, musical compositions, dramatic pieces, choreographic works, paintings, sculptures, movies, sound recordings, and architectural designs.

When does copyright protection start?

Copyright protection in the US begins automatically when a work is fixed in a tangible form. This means as soon as you write a song, record it, or create a painting, you have copyright.

What are the rights of copyright owners?

Copyright owners have the exclusive right to reproduce, distribute, perform, publicly display, create derivative works, and authorize others to do these things with their copyrighted work.

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How long does copyright protection last?

Copyright protection lasts for the life of the author plus 70 years. For works created anonymously or pseudonymously, the copyright lasts for 95 years from publication or 120 years from creation, whichever is shorter.

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Why is copyright registration important?

Registering your copyright with the U.S. Copyright Office provides legal benefits, such as the ability to sue for infringement and a presumption of copyright ownership in court. It can also provide notice to the public that your work is protected.

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How can I register my copyright?

To register a copyright, you must submit a completed application, a non-refundable fee, and a copy of your work to the U.S. Copyright Office. The process can be completed online or through mail.

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Why should I care about copyright?

Copyright is a powerful tool that protects authors' rights and incentivizes creativity. Understanding basic facts about copyright and registration can help you protect your creative works.

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Copyright

The legal right to control how a creative work is used. It grants the owner the exclusive rights to reproduce, distribute, perform, display, and create derivative works based on the work.

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Copyright Transfer

Transferring copyright ownership to another person or entity. This can be done through a will, inheritance, or a formal agreement.

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Recordation of Copyright Transfer

A legal process of formally registering a transfer of copyright ownership with the Copyright Office. While not mandatory, it offers legal benefits.

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Termination of Copyright Transfer

A legal right for authors or their heirs to terminate an agreement that transferred or licensed their copyright after 35 years. This requires formal notification and registration.

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Copyright Duration

The legal duration of a copyright, determined based on creation date and type of work.

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Copyright Duration for Works Created After January 1, 1978

For works created after January 1, 1978, copyright lasts for the author's lifetime plus 70 years. For works made for hire, copyright lasts 95 years from publication or 120 years from creation, whichever is shorter.

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Copyright Duration for Works Created Before January 1, 1978

Copyright duration for works created before January 1, 1978, that were not published or registered by that date, generally follows the same rules as for works created after that date. However, the minimum duration extends until December 31, 2002, and publication before that date extends the duration until December 31, 2047.

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Notice of Termination

A written notice filed with the Copyright Office to terminate a copyright transfer agreement.

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What is a certificate of registration?

A public document that records crucial details about a copyrighted work, such as the author, title, and owner's contact information.

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What is the main benefit of registering a copyright?

It helps establish that you own the copyright to your work, giving you stronger legal protection.

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How does copyright registration help in court?

It provides legal evidence that you own the copyright and that the details on the certificate are accurate.

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What is the benefit of registering before or within five years of publication?

If your work is registered before or within five years of publication, it creates a strong presumption that you are the rightful owner and the details on the certificate are correct.

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What benefits do you get if you register before or within three months of publication?

You are eligible for statutory damages, attorney's fees, and costs in copyright infringement lawsuits.

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How does copyright registration help with international protection?

It lets you protect your work against unauthorized import, helping you control the distribution of copies.

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What is the effective date of copyright registration?

The effective date is the day the Copyright Office receives all necessary materials, including the application, deposit, and fee.

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How is the effective date of registration determined?

The effective date is set when they receive all the required elements in acceptable form. It's not based on the time it takes to process or mail the certificate.

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Joint Authorship

When two or more authors combine their efforts to create a single work, where their contributions are inseparable and interdependent, they are considered joint authors and share an indivisible interest in the copyright.

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Collective Work

When multiple authors collaborate on a work but their contributions remain distinct and separate, each author owns the copyright to their individual contribution, while the collective work as a whole may have a separate copyright holder.

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Initial Copyright Term (Pre-1978)

The initial term of copyright for works created before January 1, 1978 and published or registered before that date, lasting 28 years from the date of publication or registration.

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Work Made for Hire

In "work made for hire", the creator of the work is not the copyright holder. Instead, the party who hired the creator owns the copyright.

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Situations for "Work Made for Hire"

A "work made for hire" can be created by an employee as part of their regular duties, or when an individual and the hiring party enter into a written agreement explicitly designating the work as "work made for hire."

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Copyright Renewal Term (Pre-1978)

The extension of copyright protection for works created before January 1, 1978, adding 67 years to the initial term.

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Total Copyright Term (Pre-1978)

The total possible length of copyright protection for works created before January 1, 1978, which is 95 years.

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Types of "Work Made for Hire"

Specific types of works that can qualify as "work made for hire" when commissioned through a written agreement.

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Copyright Registration

A formal process to secure copyright protection with the U.S. Copyright Office.

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Consequences of "Work Made for Hire"

The concept of "work made for hire" can be complex and has significant consequences for both the creator and the hiring party, affecting copyright ownership.

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Copyright Notice

Applying a notice (copyright symbol, word "copyright", name of copyright owner, and year of publication) to a work, which is no longer mandatory but can provide benefits.

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Ownership of Copy vs Copyright

Simply possessing a copy of a copyrighted work does not grant ownership of the copyright. The owner of the copy only owns the physical object, not the intellectual property rights.

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Copyright Protection

The legal rights granted to the creator of original works, allowing them to control how their work is used and distributed.

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Transfer of Copyright Ownership

Copyright ownership can be transferred through a written agreement signed by the owner or their authorized agent. Transferring non-exclusive rights does not require a written agreement.

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Copyright Existence

The automatic protection granted to an original work once it is fixed in a tangible medium.

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U.S. Copyright Office

The Copyright Office, an official agency responsible for managing and enforcing copyright protection.

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What's the difference between a published and an unpublished work?

A work is considered "published" when it is made available to the public, either in print or online. An unpublished work remains in the author's control.

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What benefits does registering a work before or within five years of its first publication offer?

A legal presumption that the work is protected by copyright if it was registered before or within five years of its first publication.

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What are the benefits of registering a copyright before an infringement?

Copyright owners can claim statutory damages and attorneys' fees in an infringement lawsuit if they register their work before the infringement began or within three months of its first publication.

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When does copyright protection begin in the United States?

Copyright protection in the United States begins automatically when a work is fixed in a tangible form. But registering your work provides additional legal protection and benefits.

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What is mandatory deposit?

All copyrighted works published in the United States are subject to mandatory deposit, requiring authors to send two complete copies of their work to the Library of Congress within three months of publication.

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Is there an 'international copyright' that protects works worldwide?

There is no global copyright protection. Protection against unauthorized use in a particular country depends on that country's laws.

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How can a U.S. work be protected in other countries?

Generally, a U.S. work may be protected in another country if that country has an international copyright agreement with the United States.

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Study Notes

  • Copyright is a legal protection for original works of authorship fixed in a tangible form.
  • Protection begins when the work is created in a fixed form.
  • Original works of authorship are those created independently by a human author, possessing a minimal degree of creativity.
  • Copyright protection is automatic in the US.

What Works Are Protected?

  • Literary works (including accompanying words)
  • Musical works (including accompanying music)
  • Dramatic works (including accompanying music)
  • Pantomimes and choreographic works
  • Pictorial, graphic, and sculptural works
  • Motion pictures and other audiovisual works
  • Sound recordings
  • Architectural works
  • Computer programs and maps can be registered as literary or pictorial, graphic, and sculptural works
  • Technical drawings can be registered as pictorial, graphic, and sculptural works
  • Exclusive right to reproduce the work
  • Prepare derivative works
  • Distribute copies or phonorecords of the work
  • Perform the work publicly
  • Display the work publicly
  • Perform the work publicly by digital audio transmission
  • Authorize others to exercise these exclusive rights
  • Ideas, procedures, methods, systems, processes, concepts, principles, or discoveries
  • Works not fixed in a tangible form
  • Titles, names, short phrases, and slogans
  • Familiar symbols or designs
  • Mere variations of typographic ornamentation, lettering, or coloring
  • Mere listings of ingredients or contents
  • The author(s) who created the work initially own the copyright.
  • If multiple authors create a single, inseparable work, they are considered joint authors with an indivisible interest in the whole work.
  • In collective works, each author's individual contribution is separate, from the copyright ownership in the whole work.
  • "Works made for hire" are an exception. The hiring party is the copyright owner in this case
  • Authors or heirs can terminate an agreement transferring copyright after 35 years.
  • Must provide advance written "notice of termination" to the grantee.
  • Notice must be recorded with the Copyright Office.
  • For works created on or after January 1, 1978: author's life plus 70 years (or 95 years from publication for anonymous, pseudonymous, or works for hire)
  • For works created before January 1, 1978: the term varies.

Publication

  • Publication involves distributing copies of a work to the public.
  • Offering to distribute, perform, or display a work also constitutes publication.
  • The year of publication impacts the duration of copyright.
    • Works created before January 1, 1978, the initial term of copyright is 28 years from the date of publication (notice or registration), if published or registered during that time.

Mandatory Deposit

  • Copyright law requires deposits of published works in the U.S. to the Library of Congress.
  • Two complete copies from the "best edition" of the work are required.

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