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?

    <p>Copyright protection does not apply to works authored by the government (C)</p> Signup and view all the answers

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

    <p>Be perceived, reproduced, or communicated for more than a transitory duration. (D)</p> Signup and view all the answers

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

    <p>Artistic features can be physically removed without affecting functionality (B)</p> Signup and view all the answers

    Why is fixation important for copyright protection?

    <p>It provides evidence of the work and helps separate protected works from unprotected ideas. (B)</p> 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.?

    <p>The images in Defender were not stable because they changed during gameplay. (B)</p> Signup and view all the answers

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

    <p>An object with intrinsic utilitarian functions beyond mere appearance (C)</p> Signup and view all the answers

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

    <p>It must be recorded in a tangible medium of expression. (A)</p> Signup and view all the answers

    What does the Useful Article Doctrine assert regarding copyright protection?

    <p>Artistic features must be distinct from functional elements to be copyrightable (C)</p> Signup and view all the answers

    Which of the following statements illustrates conceptual separability?

    <p>Design features that are distinct ideas from the item’s practical use (C)</p> Signup and view all the answers

    How do audiobooks fulfill the requirement of fixation?

    <p>They are recorded and can be communicated in a stable format. (C)</p> Signup and view all the answers

    What characteristic of a work influences its copyrightable status?

    <p>The work's stability in a tangible medium. (C)</p> Signup and view all the answers

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

    <p>The ability to remove the carving without altering the chair's use (B)</p> Signup and view all the answers

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

    <p>When it is distinct from the utility of the item (A)</p> Signup and view all the answers

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

    <p>To perform the copyrighted work publicly (B)</p> Signup and view all the answers

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

    <p>To recite, render, play, dance, or act it (B)</p> Signup and view all the answers

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

    <p>The size and composition of the audience matter (D)</p> Signup and view all the answers

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

    <p>Right to distribute the work (B)</p> Signup and view all the answers

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

    <p>Maxwell’s operations constituted a public performance (C)</p> Signup and view all the answers

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

    <p>To show a copy directly or via technology (A)</p> Signup and view all the answers

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

    <p>Customers paid fees akin to admission for viewing (C)</p> Signup and view all the answers

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

    <p>At any location secluded from public access (C)</p> Signup and view all the answers

    What is a characteristic of joint authorship?

    <p>Each co-author can license the work without the other's consent. (A)</p> Signup and view all the answers

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

    <p>Share any profits with the other co-authors. (B)</p> Signup and view all the answers

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

    <p>All co-authors must agree to changes before alterations can be made. (D)</p> Signup and view all the answers

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

    <p>All co-authors must entertain the concept of joint authorship. (A)</p> Signup and view all the answers

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

    <p>Evidence of intentional collaboration and individual copyrightable contributions. (A)</p> Signup and view all the answers

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

    <p>Collaboration alone is sufficient for joint authorship, regardless of contribution size. (D)</p> Signup and view all the answers

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

    <p>Erickson was considered the sole author due to lack of evidence of intent for joint authorship. (A)</p> Signup and view all the answers

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

    <p>Injunctive relief to prevent the licensing. (B)</p> Signup and view all the answers

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

    <p>When there is joint authorship or works made for hire. (D)</p> Signup and view all the answers

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

    <p>Only humans can be recognized as authors and copyright owners. (D)</p> Signup and view all the answers

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

    <p>They were not created in a fixed form. (C)</p> 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?

    <p>Exercising a high degree of control over the creation. (B)</p> 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?

    <p>Individual performances are considered part of a larger work. (A)</p> Signup and view all the answers

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

    <p>95 years or 120 years, whichever is shorter (A)</p> Signup and view all the answers

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

    <p>100 years (A)</p> Signup and view all the answers

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

    <p>Each author must contribute creatively to the work. (A)</p> Signup and view all the answers

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

    <p>They pass to their heirs (D)</p> Signup and view all the answers

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

    <p>The employer or commissioning party owns the copyright. (A)</p> Signup and view all the answers

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

    <p>The execution of creative aspects of a work. (B)</p> Signup and view all the answers

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

    <p>New permission to distribute their work (C)</p> Signup and view all the answers

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

    <p>For music published between 1957 and 1972 (A)</p> Signup and view all the answers

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

    <p>It upheld the extension of copyright terms to life of the author + 70 years (C)</p> Signup and view all the answers

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

    <p>They run to the end of the calendar year (D)</p> Signup and view all the answers

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

    <p>Copyright terms must remain limited (C)</p> Signup and view all the answers

    Flashcards

    Copyright Protection for Government Works

    Copyright protection does not apply to works created by the government.

    Distinction: Work vs. Fixation

    A literary work is separate from its medium (e.g., a novel is distinct from the printed book). Similarly, a musical work is different from the sheet music or recording.

    Useful Articles Exception

    Copyright protection doesn't apply to the functional or utilitarian parts of pictorial, graphic, or sculptural works (PGS Works).

    Separable Artistic Feature

    If a useful article has an artistic feature that can exist separately from its functionality, that feature might be copyrightable.

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    Useful Article Definition

    A "useful article" is something with a primary function beyond portraying appearance or conveying information (e.g., cars, lamps, dresses).

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    Separability Requirement

    For copyright protection, a design feature of a useful article must be both physically and conceptually separable from the functional aspects.

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    Legislative Intent

    Copyright protection for useful articles applies only when a design element is clearly distinct from the item's utility.

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    Functional Elements Unprotected

    The functional elements of a useful article are not protectable by copyright. Only the separable artistic components are eligible.

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    Joint Authorship

    When two or more authors work together to create a single, unified work with the intent to combine their contributions.

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    Co-ownership

    In joint authorship, each co-author owns an equal share of the copyright in the work.

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    Independent Licensing Rights

    Each co-author can license the work without the other's consent, but must share any profits with the other co-author.

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    Duty to Account

    Co-authors who license the work must share any profits with the other co-authors.

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    No Right to Alter

    One co-author cannot change the work without the consent of the other co-authors.

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    Injunctive Relief

    A co-author can ask a court to stop another co-author from licensing the work if it violates their rights or interests.

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    Goldstein's Copyrightability Test

    To be considered a joint author, you must show intentional collaboration and an independently copyrightable contribution.

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    Nimmer's De Minimis Test

    This test was rejected in courts because it suggests any collaboration, even minimal, is sufficient for joint authorship.

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    Copyright Ownership

    Copyright belongs to the creator(s) of a work. If multiple creators collaborate on a work, each is a co-owner.

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    Works Made for Hire

    When a work is created as part of someone's job or under a contract, the employer or commissioning party owns the copyright, not the creator. This applies unless there's a written agreement stating otherwise.

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    Human Authorship Required

    The Copyright Act doesn't recognize non-humans as authors or copyright owners. This means works created by animals or nature cannot be copyrighted.

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    Authorship in Collaborative Works

    Each creator of a joint work is a co-owner of the copyright. They share equal rights and responsibilities.

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    Ownership vs. Authorship

    Ownership of copyright refers to who holds the legal rights, while authorship describes who created the work. These concepts can be separate.

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    Control Over Creative Elements

    To be considered an author for copyright purposes, an individual must have a significant level of control over the creation of the work.

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    Individual Performances in Film

    Individual performances within a larger film don't automatically qualify as separate copyrightable works. They are part of the overall audiovisual work.

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    Fixation of Performance

    To be copyrightable, a performance needs to be fixed in a tangible medium. This means recorded or embodied in some lasting form.

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    Copyright Duration for Anonymous Works

    Anonymous works are protected for the shorter of 95 years from publication or 120 years from creation.

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    Transition Rule for Pre-1978 Unpublished Works Published Before 2003

    Copyright protection for unpublished works created before 1978 and published before 2003 ends on the later of the relevant rule or December 31, 2047.

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    Transition Rule for Pre-1978 Unpublished Works Not Published Before 2003

    Copyright protection for unpublished works created before 1978 and not published before 2003 ends on the later of the relevant rule or December 31, 2002.

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    Copyright Duration for Pre-1972 Sound Recordings

    Copyright protection for pre-1972 sound recordings lasts for 95 years from first publication, with varying durations depending on the publication date.

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    Copyright Term Expiration

    Copyright terms expire at the end of the calendar year, even if a term is set to expire on a specific date.

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    Eldred v. Ashcroft

    This Supreme Court case established that Congress can extend the terms of existing copyrights, even though the Copyright Clause requires limited durations.

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    Who Owns Renewal Rights?

    The original author or their heirs own the renewal rights, even if the copyright was assigned to someone else.

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    The Abend Rule

    Authors of derivative works must obtain new permission to distribute their work during the renewal term if the original copyright holder dies before renewal.

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    Public Performance Right

    The exclusive right of copyright owners to publicly perform their copyrighted works, including literary, musical, dramatic, and audiovisual works.

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    Public Display Right

    The exclusive right of copyright owners to publicly display their copyrighted works, including literary, musical, dramatic, pictorial, and sculptural works.

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    What does 'publicly' mean in copyright?

    'Publicly' means performing or displaying a work in a place open to the public or where a significant number of people outside of a family and their friends are gathered. It also includes transmitting a performance or display to such a place.

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    Semi-Public Place

    A place where the audience size and composition determine if it qualifies as 'public' for copyright purposes. It's not a place open to the public, but there's still a large enough gathering.

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    First Sale Doctrine and Public Performance

    The first sale doctrine allows the buyer of a copyrighted work to resell or dispose of the work, but it doesn't grant the right to breach other exclusive rights, such as public performance.

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    Maxwell's Case (Public Performance)

    The court ruled that Maxwell's video booths were a public performance because they were open to the public, customers paid fees, and the tapes were not sold or disposed of.

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    Key takeaway from Maxwell's case

    Maintaining control over a copyrighted work, even if it's in a seemingly private setting, can still constitute a public performance when the service is open to the public.

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    Fixation

    A work is "fixed" when it's stable enough in a tangible form (like a book or recording) that it can be seen, copied, or shared for more than a brief time.

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    Why does fixation matter?

    Fixation is crucial for copyright protection because it establishes the existence of a concrete work that can be easily shared, preserved, and protected legally.

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    Williams v. Artic

    This case shows that even changing images in a video game can be considered fixed if they are stable and repetitive, making the game viewable and reproducible.

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    Copyright categories?

    Literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works.

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    Copyrightable Subject Matter

    These categories include: 1) literary works, 2) musical works, 3) dramatic works, 4) pantomimes and choreographic works, 5) pictorial, graphic, and sculptural works, 6) motion pictures, 7) sound recordings, and 8) architectural works.

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    Tangible Medium of Expression

    Copyright protection requires that a work be fixed in a tangible medium, meaning it must exist in a form that can be perceived, reproduced, or communicated (like a book, recording, or digital file).

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    What is "Fixed" for Copyright?

    To be protected under copyright, a work must be fixed in a tangible medium of expression, meaning it must exist in a stable form that can be perceived, reproduced, or communicated, either directly or with the aid of a machine.

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    What are protected under copyright?

    Copyright protects original works of authorship fixed in a tangible medium of expression, such as literary, musical, dramatic, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures, sound recordings, and architectural works.

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    Study Notes

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

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