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Copyright Final

The flashcards below were created by user SeanHatfield on FreezingBlue Flashcards.

  1. True or False:
    International aspects of Copyright law should be a secondary consideration.
    False. They dominate.
  2. Who is the largest global exporter of copyrighted works?
    U.S.
  3. ____: Printing Press is introduced to England by William Caxton
    1476
  4. ____: Royal Decree- Prohibition/Crown required license to "publish" and approval by "official censors."
    1534
  5. ____-____: (138 year Period of Stationer's - (Crown Monopoly)
    1557-1695
  6. ____: Statute of Anne. "Copyright Law" is born in UK.
    Resulted from Stationer's "lobbying" Parliament.
    Protected existing authors +___ years.
    New authros - ___ years + ___ year renewal if author is living after first set of years.
    The terms "copy" and "register" are born.
    • 1710
    • 21
    • 14, 14
  7. ____: U.S. Constitution Article I. Section 8, Clasue 8
    1787
  8. ____: 1st U.S. Copyright Act (14+14)
    1790
  9. ____: 2nd U.S. Copyright Act (28+28) - Mechanical Royalty. Heirs can renew. Time starts when published.
    1909
  10. ____: 3rd U.S. Copyright Act (LOA + 50 years)
    1976
  11. ____: First case about ownership.
    1789
  12. ____: Berne Convention: First Global Copyright Treaty is born.
    1886
  13. ____: U.S. Implementation Act Berne Convention - U.S. removes barriers of notice formalities.
    1988
  14. ____: U.S. Bono Copyright Extension Act - U.S. mirrors Berne extension to LOA + 70 years.
    1998
  15. ____: Right of Publicity
    1953
  16. The Marilyn Monroe estate case focuses on what subject?
    Right of Publicity
  17. Apple v Samsung (2012) focused on what subject?
    Infringement of copyrighted software.
  18. Common Law
    UK and US are systems of Common Law.
    Rule of law is based upon ________ and ________.
    • Statutes (legislation) 
    • +
    • Case Law / Judicial Precedent
  19. Basis for contrasting IP rights:
    1. What is the primary function?

      2.  From what authority are they derived?

      3.  How do you secure protection?

      4.  How do you maintain exclusivity?

      5.  How can you lose it?
  20. Patents are granted by...
    U.S. Patent and Trademark Office
  21. What are the 3 forms of patents?
    Utility, Design, and Plant Patents.
  22. True or False:
    Patents are more valuable than Copyrights.
    True. Patents provide temporary monopoly.
  23. ____: America Invents Act.
    -U.S. Patent Law amended first time since 1952. 
    Major changes to bring closer to global norm.
    Grants patents to the First to File.
    09.09.11
  24. Trademark Law = Both state common law + federal statute (________)
    Lenham Act
  25. True or False:
    You can't copyright a title.
    True. You can only trademark a title.
  26. True or False:
    You must cross state lines with a trademark to keep it.
    True.
  27. Trademarks are good for _____ years.
    10.
  28. True or False:
    Right of Publicity is a federal law.
    False. State law.
  29. True or False:
    Trade Secrets are under state law.
    True.
  30. Right of Privacy:
    Prohibits appropriation for commercial benefit one's name and likeness.
  31. Trademarks: Use it or Lose it. Intent to use trademark registration
    (_____ months to use)
    6 months
  32. Trademark protection begins...
    When the mark is used.
  33. Renewal of Trademark after ____ years.
    Statement of Use at the ____ year.
    • 10
    • 6th
  34. Copyright exists for:
    • +Original
    • +works of authorship
    • +fixed in any
    • +tangible
    • +medium of expression
    • +now known or later developed from which they can be
    • +perceived, reproduced, or otherwise communicated,
    • +either directly or with the aid of a machine or device.
  35. What are the 2 fundamental requirements for Copyright?
    Originality and Fixation
  36. White Smith Music Publishing v Apollo case focuses on what subject?
    • Fixation precedent for Copyright
    • (Player Piano)
  37. Stern Electronics v Kaufmann (1982) decided...
    ROM memory device is tangible component with computer program embodied within.
  38. Atari Games v Oman (1992) focuses on what subject?
    • Originality precedent for Copyright
    • (Breakout)
  39. What is a Derivative Work?
    A work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgement, condensation, or any other form in which a work may be recast, transformed or adapted.
  40. Pickett v Prince case focuses on what subject?
    Derivative Works.
  41. True or False: 
    Derivative Works don't require consent of original author.
    False
  42. True or False:
    Fair Use doesn't require consent of original author.
    True
  43. Bill Graham Archives v Dorling Kindersley Ltd case focuses on what subject?
    Fair Use
  44. True or False:
    Characters are copyrightable.
    True. Must be original though
  45. Nicholas v Universal Pictures (1930) case focuses on what subject?
    Copyright of literary characters.
  46. What are the 8 categories of works of authorship and the 4 classes for registration?
    ¨1.  Literary Works

    ¨2.    Musical Works, including accompanying words

    ¨3.  Dramatic Works, including accompanying music

    ¨4.    Pantomimes & Choreographic works

    ¨5.  Pictorial, Graphic & Sculptural

    ¨6.    Motion Pictures + Audiovisual

    ¨7.    Sound Recordings (first recognized 1972)

    ¨8.  Architectural Works (first recognized 1990)

    ¨

    •  Copyright Office Classification System (4
    • classes) for Registration:

    • ¨TX
    • (Non-dramatic literary)

    • ¨PA
    • (Performing Arts)

    • ¨VA
    • (Visual Arts)

    • ¨SR
    • (Sound Recording)
  47. Which of the 8 categories of authorship do computer programs fall under?
    Literary Works
  48. Apple Computer Inc v Franklin Computer case focused on what subject?
    • Idea vs. expression.
    • Source code and object code both copyrightable.
  49. Mazer v Stein (1954) case focuses on what subject?
    Pictorial, Graphic, Sculptural works
  50. The Architectural Works Protection Act of ____
    1990
  51. As of ____, a work is protected by copyright when it is fixed in a tangible mediumof expression.
    1976
  52. True or False:
    Intent doesn't matter in a Works for Hire.
    True.
  53. True or False:
    Intent doesn't matter in a Joint Works.
    False. Intent is all that matters.
  54. Works for Hire are part of the ____ Act:
    1976
  55. True or False:
    The owner of a work for hire is the creator.
    False. It is the employer that it was made for.
  56. Community for Creative Non-Violence v Reid  (Mitch Snyder Case) 490 U.S.730
    (1989) focuses on what subject?
    Works for Hire
  57. Aalmuhammed v Lee case focuses on what subject?
    Joint Works
  58. A copyright owner holds “bundle of rights” exclusively:
    • 1. REPRODUCE COPYRIGHTED
    • WORK 

    • 2. PREPARE DERIVATIVE
    • WORKS  (Adapt)

    3. DISTRIBUTE COPIES OR PHONORECORDS  (Publish)

    4. PERFORM WORK PUBLICLY

    5. DISPLAY WORK PUBLICLY

    • 6. PERFORM WORK PUBLICLY VIA
    • DIGITAL AUDIO TRANSMISSION ONLY)
    • 1995 AMENDMENT TO 1976 ACT SR ONLY
Author
SeanHatfield
ID
301922
Card Set
Copyright Final
Description
Copyright Law Final
Updated
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