Copyright Law and Useful Articles Quiz

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Questions and Answers

What does the term 'fixed' refer to in the context of copyright?

A work that is permanently stored in a secure location.

The work can be perceived, reproduced, or communicated. (correct)

A method of helping authors copyright their oral presentations.

The ability of a work to be modified by its creator.

What types of works does the Useful Articles Exception apply to?

Literary works and sound recordings

Architectural works and motion pictures

Audiovisual works and photographs

Pictorial, graphic, and sculptural works (correct)

Which of the following is NOT considered a category of copyrightable subject matter?

Personal opinions (correct)

Dramatic works

Musical works

Architectural works

Which statement is true regarding copyright protection and government works?

Copyright protection does not apply to works authored by the government Signup and view all the answers

According to the definition of 'fixed', what must a work be able to do?

Be perceived, reproduced, or communicated for more than a transitory duration. Signup and view all the answers

In the context of useful articles, what is meant by physical separability?

Artistic features can be physically removed without affecting functionality Signup and view all the answers

Why is fixation important for copyright protection?

It provides evidence of the work and helps separate protected works from unprotected ideas. Signup and view all the answers

What was the primary argument made by Artic in the case of Williams Electronics, Inc. v. Artic Int’l, Inc.?

The images in Defender were not stable because they changed during gameplay. Signup and view all the answers

Which of the following best defines a 'useful article' as per the Copyright Act?

An object with intrinsic utilitarian functions beyond mere appearance Signup and view all the answers

What is a statutory requirement for a work to be considered fixed under § 102?

It must be recorded in a tangible medium of expression. Signup and view all the answers

What does the Useful Article Doctrine assert regarding copyright protection?

Artistic features must be distinct from functional elements to be copyrightable Signup and view all the answers

Which of the following statements illustrates conceptual separability?

Design features that are distinct ideas from the item’s practical use Signup and view all the answers

How do audiobooks fulfill the requirement of fixation?

They are recorded and can be communicated in a stable format. Signup and view all the answers

What characteristic of a work influences its copyrightable status?

The work's stability in a tangible medium. Signup and view all the answers

Which feature would likely make a chair's decorative carving eligible for copyright protection?

The ability to remove the carving without altering the chair's use Signup and view all the answers

According to legislative intent, when can a design element be copyrighted?

When it is distinct from the utility of the item Signup and view all the answers

What exclusive right is granted under § 106(4) of the Copyright Act?

To perform the copyrighted work publicly Signup and view all the answers

Which of the following best defines 'perform' according to § 101?

To recite, render, play, dance, or act it Signup and view all the answers

What is a key characteristic of a semi-public place under the definition of 'publicly'?

The size and composition of the audience matter Signup and view all the answers

According to the first sale doctrine, which right is NOT allowed to be breached?

Right to distribute the work Signup and view all the answers

What was the main ruling in the case of Columbia Pictures Ind. V. Redd Horne Inc.?

Maxwell’s operations constituted a public performance Signup and view all the answers

How is 'display' defined in § 101 of the Copyright Act?

To show a copy directly or via technology Signup and view all the answers

In what way did customers interact with Maxwell's service, as determined in the Columbia Pictures case?

Customers paid fees akin to admission for viewing Signup and view all the answers

What does the term 'publicly' NOT encompass in terms of performing or displaying a copyrighted work?

At any location secluded from public access Signup and view all the answers

What is a characteristic of joint authorship?

Each co-author can license the work without the other's consent. Signup and view all the answers

What must a co-author do when they license a joint work?

Share any profits with the other co-authors. Signup and view all the answers

Which of the following describes the right to alter a joint work?

All co-authors must agree to changes before alterations can be made. Signup and view all the answers

In the context of joint authorship, what does the Second Circuit require?

All co-authors must entertain the concept of joint authorship. Signup and view all the answers

According to the Seventh Circuit's requirements for joint authorship, what must be shown?

Evidence of intentional collaboration and individual copyrightable contributions. Signup and view all the answers

What does Nimmer’s De Minimis Test assert about joint authorship?

Collaboration alone is sufficient for joint authorship, regardless of contribution size. Signup and view all the answers

What was the outcome of Erickson v. Trinity Theatre, Inc. regarding joint authorship?

Erickson was considered the sole author due to lack of evidence of intent for joint authorship. Signup and view all the answers

What type of relief may a co-author seek if they object to a licensing decision?

Injunctive relief to prevent the licensing. Signup and view all the answers

Under what circumstances does copyright ownership arise under the Copyright Act?

When there is joint authorship or works made for hire. Signup and view all the answers

What was the ruling in the case of Naruto v. Slater regarding non-human authorship?

Only humans can be recognized as authors and copyright owners. Signup and view all the answers

In Kelley v. Chicago Parks Dist., why were the works authored by nature not copyrightable?

They were not created in a fixed form. Signup and view all the answers

According to the case of Alexander Lindsay v. The Wrecked and Abandoned Vessel RMS Titanic, what qualifies someone as an author for copyright purposes?

Exercising a high degree of control over the creation. Signup and view all the answers

What is the implication of the ruling in Cindy Lee Garcia v. Google, Inc. regarding individual performances in films?

Individual performances are considered part of a larger work. Signup and view all the answers

What is the maximum duration for corporate or anonymous works under copyright law?

95 years or 120 years, whichever is shorter Signup and view all the answers

For music published between 1923 and 1946, how long does the copyright protection last?

100 years Signup and view all the answers

What is required for a work to be considered a 'joint work' under copyright law?

Each author must contribute creatively to the work. Signup and view all the answers

What happens to renewal rights if the original copyright holder dies before renewal?

They pass to their heirs Signup and view all the answers

What does the work for hire doctrine imply about copyright ownership?

The employer or commissioning party owns the copyright. Signup and view all the answers

What is a key factor that defines 'authorship' according to copyright law?

The execution of creative aspects of a work. Signup and view all the answers

What must authors of derivative works obtain if the original copyright holder dies before renewal?

New permission to distribute their work Signup and view all the answers

Under what circumstances does the protection for music last until February 15, 2067?

For music published between 1957 and 1972 Signup and view all the answers

What was the ruling in Eldred v. Ashcroft regarding copyright term extensions?

It upheld the extension of copyright terms to life of the author + 70 years Signup and view all the answers

What is the general rule for the expiration of copyrights as per Section 305?

They run to the end of the calendar year Signup and view all the answers

What principle did Congress uphold by extending copyright terms as ruled in the case of Eldred v. Ashcroft?

Copyright terms must remain limited Signup and view all the answers

Study Notes

Copyright Outline

Professor: Noti-Victor
Fall 2024
Casebook: Copyright Law CASES AND MATERIALS v.6.0 by Jeanne C. Fromer Christopher and Jon Sprigman

Copyright Law

Predominantly federal law, authorized by Article I, Section 8, Clause 8 of the U.S. Constitution to "promote the Progress of Science and useful Arts."
Copyright incentivizes creation by protecting originators from copyists, encouraging development.
Copyright promotes free expression by recruiting markets and minimizing reliance on state funding.
Creative works reflect personality; copyright protects autonomy and dignity.

Existence of a Valid Copyright

Copyright protects original works of authorship in a fixed tangible medium, from which works can be perceived, reproduced, or communicated.
Includes literary works, musical, dramatic, pantomimes, choreographic, pictorial, graphic, sculptural, motion pictures, audiovisual, sound recordings, and architectural works.
"Fixed" means sufficiently stable to be perceived, reproduced, or communicated for more than a transitory duration.
Fixation is essential for copyright protection. It provides evidence of the work, defines the protected scope, and separates it from unprotected ideas.

Originality

Copyright protection requires an "original work of authorship" which means independent creation.
Originality has a low bar—no need for groundbreaking or aesthetic value; a "modicum of creativity" is sufficient.
Facts, basic ideas, exact copies aren't protectable; nature-created works lacking human authorship are excluded.

Compilation

These are works that assemble pre-existing materials or data and select, coordinate, or arrange them in a way that results in an original work of authorship.
Protects only the original way the materials are selected, coordinated, or arranged, not the materials themselves (e.g., facts).

Derivative Works

Derivative works are based on one or more pre-existing works, but involve recasting, transforming, or adapting elements to create something new.
Copyright protection in the derivative work extends only to the author's own original contributions, not the preexisting materials.

Useful Articles Exception

A useful article (such as a lamp or a chair) cannot be protected by copyright in the design aspects required for its purpose.
The artwork must be independently separable from its utilitarian aspects .
A design element for a useful article can be copyrightable if it can be identified and exists separately, without impacting functionality.

Authorship

Copyright belongs to the author(s) of a work.
For works made for hire, the employer or commissioner is the copyright owner. This does not mean you can create a work for hire contract; rather specific conditions need to be satisfied.
Employee creation—occurs within the scope of employment (job duties, work hours, intent to serve the employer), not independent contractor creation.
Human authorship is required; copyright does not protect works created by nature.

Joint Authorship

A "joint work" is a work created by two or more authors with the intention that their contributions be combined into a single, unified work.
Each co-author is a co-owner, and individual licenses can't alter or modify the work without consensus.
Determining authorship requires intent analysis.

Copyright Infringement

Elements for copyright infringement: Ownership of a valid copyright, actual copying (of expression), and substantial similarity;
A two-pronged test for infringement:
- Copying in fact: Showing the defendant had access to the plaintiff's work and that the defendant created a substantially similar work.
- Copying in law - Showing that the defendant copied protectable elements (expression, not ideas). A more discerning ordinary observer test may be employed when dealing with public domain elements or when only parts of a work are considered.
Relevant limitations: Fair use defense, other potential defenses.
Fair Use is assessed using the following 4 factors: (1) Purpose and character of use; (2) Nature of the copyrighted work; (3) Amount and substantiality of use; and (4) Effect on the market of the original work.

Secondary Liability

Secondary liability involves parties who aren't directly infringing but help, enable, or benefit from infringement.
Types:
- Vicarious liability: Control and financial interest in the infringing activity
- Contributory infringement: Imparting knowledge and contributing to the infringing activity.

OSP Safe Harbor:

Protecting online service providers from liability if they follow certain rules, like taking down infringing content after notice.
Includes transitory digital network communications, system caching, storing information at user direction, and providing information location tools.

Termination of Transfers:

This allows authors (or heirs) to reclaim rights they previously sold or assigned, often 35 years after the transfer.

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Description

Test your knowledge of copyright law, focusing on the concept of fixation and the Useful Articles Exception. This quiz includes questions about copyrightable subject matter, government works, and key legal definitions. Perfect for law students or anyone interested in intellectual property rights.