JMC-4813 Media Law Exam 3 Question and answers rated A+
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JMC
Institution
JMC
JMC-4813 Media Law Exam 3 Question and answers rated A+
Source- The Constitution, Article 1, Section 8
Based on idea that citizens are entitled to the products of their physical and intellectual labor. - correct answer The source of law where copyright originates.
Orginal works of authorsh...
JMC-4813 Media Law Exam 3 Question
and answers rated A+
Source- The Constitution, Article 1, Section 8
Based on idea that citizens are entitled to the products of their physical and
intellectual labor. - correct answer ✔The source of law where copyright
originates.
Orginal works of authorship fixed in any tangible medium of expression from
which they can be perceived, reproduced or otherwise communicated - Live
performances, ideas, conversations, etc., not considered fixed
Protects only original expression, NOT facts or ideas - correct answer
✔What copyright does and doesn't protect.
Basically established relatively low bar for orginality in copyright: Essentially
that in order for a work to be orginal enough to be copyrightable, it must be at
least more original than the listings in a phonebook. - correct answer ✔What
the Supreme Court established in Feist v. Rural Telephone concerning the
degree of originality needed to qualify for copyright protection.
Works "made for hire" belong to employer-employees may keep copyright on
works that were not the direct result of their employment.
Freelancers are seldom considered employees - unless they sign "work for
hire" contractual agreement - correct answer ✔How copyright law differs for
freelancers as opposed to permanent employees.
The moment a creative work is put in writing or otherwise recorded - correct
answer ✔When copyright begins.
Notice and registration provide additional protection.
, Notice: consists of Copr., year of first publication, name of copyright owner
Registration: U.S Copyright Office, strengthens ability to prove and enforce
copyright and to collect for greater damages, is necessary before an
infringement suit can be filed in court for works of U.S origin. - correct answer
✔What notice and registration are in terms of copyright.
(1) Plaintiffs must first prove originality-that the material in question was
original enough to be legitimately copyrightable
(2) Also access-tends to depend on how widely available work in question
was
(3)Must also prove substantial similarity - correct answer ✔The three-part
test for determining copyright infringement.
(1) Purpose and character of the use: Most likely to qualify as fair use when
copying is for reporting, criticism, commentary, teaching, scholarly research;
advertising unlikely to qualify-corporate/commercial generally not fair use
(2) Nature of the copyrighted work: The more original and/or expressive the
copyrighted work is, the less likely that copying will be consider fair use by the
courts; Generally more fair use is allowed when copying from works that
require little originality
(3) Amount and substantiality of the portion used: The greater the amount of
copying done in relation to the length/size of the copyrighted work copied
from, the less likely courts will consider it fair use
(4) Effect upon the work's potential market (Most Important): Key issues are
whether profits made via the copying tend to diminish economic value of the
work copied - correct answer ✔The four-part test for determining if a
copyright infringement is a fair use -- and which part is specified as the most
important.
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