Copyright Law Basics Quiz
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Questions and Answers

What must Paramount obtain to distribute 'Rear Window' during the renewal term?

  • Approval from a judge
  • Feedback from audiences
  • Abend's consent (correct)
  • Permission from the director

Derivative works do not require new permission for use during the renewal term.

False (B)

Who can exercise the termination interest if the author of the work is deceased?

The person or persons who own more than one-half of the author's termination interest.

According to 17 USC § 203, works other than a work made for hire are subject to ____ under certain conditions.

<p>termination</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Derivative work = A work based on or derived from one or more existing works Renewal term = A period during which copyright holders can renegotiate rights Termination interest = The right of an author or heirs to terminate a copyright grant Work made for hire = A work created by an employee within the scope of employment</p> Signup and view all the answers

Which of the following statements regarding the copyright of compilations is true?

<p>Copyright protection for compilations is independent of preexisting material. (D)</p> Signup and view all the answers

Facts are copyrightable under U.S. law.

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

What does the merger doctrine state regarding copyright?

<p>It states that copyright will not protect a work from infringement if the idea underlying the work can only be expressed in one way.</p> Signup and view all the answers

The distinction between an idea and its expression is known as the __________.

<p>idea-expression dichotomy</p> Signup and view all the answers

Match the legal doctrines with their meanings:

<p>Merger Doctrine = Copyright does not protect an idea that can only be expressed in one way. Scenes a Faire = Copyright does not protect expressions that arise from commonplace ideas. Idea-Expression Dichotomy = Distinction between non-copyrightable ideas and copyrightable expressions. Copyright Subsistence = Protection begins once a work is fixed in a tangible form.</p> Signup and view all the answers

What happens once a work becomes fixed in a tangible medium?

<p>Copyright subsists. (D)</p> Signup and view all the answers

A collective work is not considered a compilation under copyright law.

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

According to U.S. law, what type of material is not eligible for copyright protection?

<p>Ideas, procedures, processes, methods of operation, concepts, principles, and discoveries.</p> Signup and view all the answers

What is the minimum notice period required before a termination of copyright can occur?

<p>2 years (D)</p> Signup and view all the answers

The right to terminate a grant opens immediately after the grant is made.

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

What is the key factor that determines when a termination right can be exercised?

<p>Timing</p> Signup and view all the answers

A regrant of rights can only occur after the first effective ________ date has passed.

<p>termination</p> Signup and view all the answers

Which of the following is true regarding the recordation of termination rights?

<p>It identifies the date of effective termination. (C)</p> Signup and view all the answers

The provisions regarding termination rights only apply to copyright interests in the US.

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

What is the duration of copyright for a work that was copyrighted by a corporate body or as a work for hire, according to the first term subsisting on January 1, 1978?

<p>67 years (B)</p> Signup and view all the answers

What must authors or heirs do to effectuate a termination of rights?

<p>Provide notice and take formal steps as required by statute.</p> Signup and view all the answers

The Renewal Copyright Act of 1992 allowed for automatic renewal only for works published before 1978.

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

What is the total length of copyright protection for works that were published between 1964 and 1977 as a result of the Sonny Bono Copyright Extension Act?

<p>95 years</p> Signup and view all the answers

The Berne Convention was established in the year _____ and is based on three basic principles.

<p>1886</p> Signup and view all the answers

Match the following principles of the Berne Convention with their descriptions:

<p>National Treatment = Protection based on the author's nationality or place of publication Automatic Protection = No formalities required for copyright protection Independence of Protection = Protection exists independently of the country of origin</p> Signup and view all the answers

Which of the following statements is true about the length of copyright protection established in the Berne Convention?

<p>Countries can provide longer protection than the minimum required. (A)</p> Signup and view all the answers

The principle of 'independence of protection' means that a work must have protection in its country of origin to be protected in other countries.

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

What was the effect of the Sonny Bono Copyright Term Extension Act on works that were not renewed?

<p>They were not at risk of falling into the public domain.</p> Signup and view all the answers

How long does copyright last for a work created on or after January 1, 1978?

<p>70 years after the author’s death (B)</p> Signup and view all the answers

Under the 1909 Act, a properly registered artistic work is protected for 56 years.

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

What happens to the copyright protection of film characters when their characteristics enter the public domain?

<p>Copyright protection is lost for the exact reproduction of those images.</p> Signup and view all the answers

Copyright lasts ____ years after the death of the last surviving author in a joint work.

<p>70</p> Signup and view all the answers

Match the following copyright durations with the corresponding work types:

<p>Artistic work under 1909 Act = 28 years, renewable for another 28 Joint work = 70 years after the last author's death Anonymous work = 95 years from publication or 120 years from creation Work created on or after 1978 = Life of the author + 70 years</p> Signup and view all the answers

What portion of characters receives copyright protection?

<p>Characters distinctive from stock characters (C)</p> Signup and view all the answers

The duration for copyright protection has changed since the 1997 Amendment to the Copyright Act.

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

Copyright for a work made for hire lasts ____ years from the year of its first publication.

<p>95</p> Signup and view all the answers

Under the 1909 Copyright Act, how long was the initial term of copyright before renewal options?

<p>28 years (B)</p> Signup and view all the answers

An author cannot assign their renewal rights before the original term of copyright ends.

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

In the case of Fred Fisher Music v. Witmark & Sons, which entity did Fred Fisher sell his copyright to?

<p>Witmark &amp; Sons</p> Signup and view all the answers

The copyright term for works published between 1964 and 1977 automatically begins a _____ renewal term if proper notice is given.

<p>28 years</p> Signup and view all the answers

Match the following terms with their respective definitions:

<p>Fred Fisher Music v. Witmark &amp; Sons = Court case that ruled authors can assign renewal rights 1909 Copyright Act = Established initial 28-year copyright term Renewal Rights = Rights that can be assigned before the original term ends Public Domain = Works no longer under copyright protection</p> Signup and view all the answers

What was the primary issue in Fred Fisher Music v. Witmark & Sons?

<p>Whether authors can assign their renewal rights before the original term ends (B)</p> Signup and view all the answers

Once a work enters the public domain, it remains in the public domain permanently.

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

What is the maximum copyright protection for works created anonymously or pseudonymously?

<p>95 years from publication</p> Signup and view all the answers

Before 1978, unpublished works that remained unpublished had no expiration before _____ 2002.

<p>December 31</p> Signup and view all the answers

What factor did not prohibit the assignment of renewal rights by authors under the 1909 Copyright Act?

<p>Survival of the author until renewal (D)</p> Signup and view all the answers

Flashcards

Copyrightable element

The expression of an idea, not the idea itself.

Compilation

A work created by collecting, arranging, and coordinating pre-existing materials/data, resulting in an original work of authorship.

Facts

Facts themselves are not copyrightable.

Idea/Expression Dichotomy

Copyright protects the expression of an idea, not the underlying idea itself.

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Merger Doctrine

Copyright does not protect a work if the idea can only be expressed in one way.

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Scenes a Faire

Copyright does not protect predictable or commonly used expressions of an idea.

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Copyright Subsistence

Copyright exists once a work is fixed in a tangible form.

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Intangible Work

Copyrighted work is intangible – something that exists in abstract form.

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Copyright protection for film characters

Protection granted to film characters if they are unique and different from common characters. Their appearance, actions, story, and personality must be distinctive.

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Public domain film character characteristics

Features of a film character that become common knowledge thanks to publicity materials (like photos) entering the public realm.

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1909 Copyright Act Duration

Copyright protection for an artistic work lasted 28 years from publication, renewable once for another 28 years.

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Copyright Duration (1978 onwards)

For works created after 1978, duration is the author's life plus 70 years.

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Joint work copyright duration

If a work has multiple authors who did not work as a team (on the same work) – the copyright lasts for the life of the last surviving author plus 70 years.

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Anonymous/Pseudonymous/Work for hire copyright

Copyright duration is 95 years from publication or 120 years from creation (whichever is shorter) for anonymous, pseudo, or work for hire creations.

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Copyright Infringement by Compilation

Taking public-domain images from different sources and putting them together to create a new work can also be considered copyright infringement.

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Copyright Act 1997 Amendments

Changed the copyright duration scheme for works created after 1978. Previous durations were now outdated, and new calculations had to be made to match the copyright duration.

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Renewal Term

The second 28-year period of copyright protection under the 1909 Copyright Act, which could be renewed by the author or their heirs.

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Derivative Work

A new work based on an existing copyrighted work, such as a movie adaptation of a book.

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Termination of Copyright

The right of authors or their heirs to reclaim copyright ownership after a certain period of time, reverting control to the original owner.

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Copyright Transfer

The transfer of ownership of copyright from the author to another party, such as a publisher or film studio.

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Post-1978 Copyright Termination

The ability of authors or their heirs to terminate a copyright transfer granted after January 1, 1978.

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Copyright Term Extension Act

This Act, also known as the Sonny Bono Copyright Term Extension Act, extended copyright terms for works published from 1964 to 1977, preventing them from entering the public domain due to non-renewal.

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Copyright Renewal System

A system where copyright holders could renew their copyrights to extend their protection. This system was eventually made automatic by the Copyright Renewal Act of 1992.

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Berne Convention

An international treaty that establishes minimum standards for copyright protection among its signatory countries, ensuring that works from one member country are protected in all other member countries.

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National Treatment Principle

A core principle of the Berne Convention, ensuring that works originating from one signatory country receive the same copyright protection in other signatory countries as works from those countries.

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Automatic Protection Principle

Another key principle of the Berne Convention, stating that copyright protection is automatically granted to works, without any formal registration or other requirements.

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Independence of Protection Principle

A principle of the Berne Convention, stating that copyright protection is independent of the protection in the country of origin. It means that a work is protected even if it is not protected in its country of origin.

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Golan v. Holder

A landmark Supreme Court case that upheld the constitutionality of the Copyright Term Extension Act, arguing that the Berne Convention does not require a specific term of copyright protection.

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What does the Berne Convention ensure?

The Berne Convention guarantees that works originating from one signatory country receive the same level of copyright protection in all other signatory countries as the works of their own nationals.

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Joint Author Termination

A process where joint authors or their heirs can terminate a copyright grant based on the Copyright Act of 1976, gaining control of their work again.

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Termination Notice

A formal notification to licensees that joint authors or their heirs intend to terminate a copyright grant under the Copyright Act of 1976.

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Recordation of Termination

Formal registration of the intended copyright termination date with the U.S. Copyright Office.

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Termination Timing

The Copyright Act establishes specific timeframes for copyright termination, varying based on the date of the original grant.

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Regranting Rights

After termination, joint authors or their heirs can re-grant the copyright to a new licensee, often in a new agreement.

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Pre-January 1978 Regrant

Regranting rights after termination for works created before January 1, 1978, falls under Section 304.

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Post-January 1978 Regrant

Regranting rights after termination for works created after January 1, 1978, falls under Section 203.

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First Effective Date

The date when the copyright termination becomes legally effective, protecting licensees until that date.

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Two Bites at the Apple

The principle that copyright law allows authors or their heirs two chances to benefit from their work: an initial term and a renewal term.

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Renewal Rights

The right to extend the copyright term for a work after the initial term expires.

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Fred Fisher Music v. Witmark & Sons

A landmark copyright case that determined that authors can assign their renewal rights before the initial copyright term expires.

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1909 Copyright Act

The US copyright law in effect from 1909 to 1978. It provided for a 28-year initial term and a 28-year renewal term.

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Assignment of Renewal Rights

The transfer of an author's right to renew their copyright to another party, usually a publisher.

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Copyright Duration (1978)

The copyright duration for works created after 1978 is the author's life plus 70 years.

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Anonymous/Pseudonymous/Work for Hire

For works created anonymously or pseudonymously, or as work for hire, copyright duration is 95 years from publication or 120 years from creation, whichever is shorter.

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First Term

The initial period of copyright protection for a work, lasting either the author's life plus 70 years or 95 years from publication or 120 years from creation, whichever is shorter.

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Copyright Protection for Unpublished Works

Copyright for unpublished works created before 1978 endures for at least the life of the author plus 70 years, or 120 years from creation, whichever is shorter.

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Study Notes

  • Copyright law grants temporary monopolies to authors and inventors, securing exclusive rights to their works for a limited time.
  • Copyright protects original works of authorship fixed in any tangible medium of expression.
  • Copyright protection is automatic upon creation, as long as the work meets the originality requirement.
  • Ownership of a physical copy does not grant copyright ownership; copyright protection is separate from ownership of the tangible item.

What is protected?

  • Original Works of Authorship: Literary, musical, dramatic, pantomime and choreographic, pictorial, graphic, sculptural, motion pictures, other audiovisual works, sound recordings, and architectural works.
  • Copyright does not protect: Facts, ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries.

Originality

  • A work must be original to be copyrightable; the work must be independently created and possess a minimal degree of creativity.
  • Originality is a low threshold, does not require novelty.
  • Mere compilation of facts is not inherently original.

Fixation

  • A work is fixed in a tangible medium of expression when it is sufficiently permanent or stable to be perceived, reproduced, or otherwise communicated for more than a transitory period.
  • Fixation is required to obtain copyright.

Ownership Issues

  • Copyright ownership initially vests in the author(s). Joint work authors are co-owners.
  • Work-for-hire: The employer is considered the author of a work prepared by an employee within the scope of employment or specially commissioned in a written instrument.
  • Ownership of a material object does not convey copyright ownership. Transfer of a physical copy does not transfer copyright.

Exclusive Rights

  • The copyright owner has the exclusive right to reproduce the work, create derivative works, distribute copies, perform the work publicly, display the work publicly (in cases where it involves a performance aspect like a movie), or display the work publicly (in cases where this means a display of a tangible work like still pictures of a movie).
  • The right to control these exclusive rights can be transferred.
  • Copyright only protects the expression of an idea, not the idea itself.
  • The idea-expression dichotomy limits copyright protection to the expression of an idea.
  • Copyright protection does not extend to any idea, procedure, process, system, or method of operation, concept, or principle.
  • Facts are not copyrightable.

The First Sale Doctrine

  • The first sale doctrine allows the lawful owner of a copy of a copyrighted work to sell or otherwise dispose of it without the authorization of the copyright owner, unless the transfer is restricted in the terms of the original conveyance.

Termination of Transfer or License

  • Copyright owners can terminate transfers or licenses of their rights for the sake of renegotiating to the present
  • If a particular copyright is executed by a single author, the author or someone who represents more than 50% of that author's share of the termination interest can terminate the agreement.
  • If the author passed, and there were other owners who would benefit from the royalties (e.g., widow/widows, children, grandchildren= the statutory beneficiaries can exercise that right of terminating.

Fair Use

  • Fair use is a defense to copyright infringement; it permits the limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
  • Determining fair use considers four factors:
    • The purpose and character of the use.
    • The nature of the copyrighted work.
    • The amount and substantiality of the portion used.
    • The effect of the use upon the potential market for the copyrighted work.

Moral Rights

  • Moral rights protect an author's integrity and right of attribution
  • Protects the expression of the work, not just the market value
  • Moral rights cannot be transferred or licensed unless specifically in writing

Duration

  • Copyright duration varies depending on factors (such as the date of creation of the work, the type of work and author(s) involved).

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Description

Test your knowledge of copyright law with this quiz covering key concepts such as derivative works, termination rights, and the distinction between ideas and their expressions. Dive into specifics including the merger doctrine and eligibility for copyright protection under U.S. law.

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