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MEJO 341 Final A Grade exam Questions with Verified Answers
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MEJO 341 Final A Grade exam Questions withVerified Answers
How does copyright protection arise? - ✔✔- Arises when...
1. Work meets criteria of a "copyrightable" work
2. Owner of work derived in U.S. cannot sue for infringement unless work is registered with U.S.
Copyright Office
Copyright Law Protects... - ✔✔published and unpublished work
What are the legal benefits of registration with the USCO? - ✔✔- means public record of ©
claim
- actual damages and profits
- Statutory damages if work registered within 3 months of publication or BEFORE infringement
- Owner can seek injunction and also costs and attorney's fees
Copyrightable work criteria (3 things) - ✔✔1. Original works of authorship
2. Fixed in any tangible medium of expression
3. Perceived, reproduced or otherwise communicated either directly or with aid of some device
Examples of work from Copyright Act - ✔✔• Literary works - broadly defined
• Music works, including... words
• Dramatic works, including... music
• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works
• Motion pictures and other A/V works
,• Sound recordings
• Architectural works (like plans)
Compilation - ✔✔- work formed by the collection and assembling of preexisting materials or
of data that are selected, coordinated, or arranged in such a way that the resulting work as a
whole constitutes an original work of authorship'
- Ex: Dal Jones Index
Collective Works - ✔✔- 'Work such as a periodical issue, anthology, or encyclopedia, in which
a number of contributions, constituting separate and independent works in themselves, are
assembled into a collective whole"
- Specified type of "compilation"
- Ex: magazines, encyclopedia
Derivative Works - ✔✔- 'Work based upon one or more preexisting works, such as a
translation, musical arrangement, dramatization, fictionalization, motion picture version, sound
recording, art reproduction... etc.
- Ex: films based on the copyrighted books
Copyright Laws do NOT protect... - ✔✔- Ideas, concepts or principles
- Facts, procedures, processes
- but ORIGINAL, UNIQUE compilations of facts CAN BE
Examples of Non-Copyrightable Works - ✔✔1. Names, titles or short phrases (might be a
trademark)
- Slogans, catch phrases, lists of ingredients or formulas
2. "Useful articles" - what are some examples?
,- Defined: Articles having intrinsic utilitarian functions that are not merely ornamental or
expressive
3. Formats and layouts
4. Works created by the U.S. government and employees
- BUT: employees can own works created on own time and third parties might own works
created under contract
Copyright Term Extension Act (CTEA) - ✔✔- "Authors" - for works created on or after 1/1/78
- life of author plus 70 years OR if joint authors then life of last surviving author plus 70 years
- "Works made for hire" - created on or after 1/1/78
"Works Made for Hire" - ✔✔- Means works produced within the "scope of employment"
- Certain works "specially ordered or commissioned" under express written "work made for
hire" contract
- Usually the "author" and owner is a company
- Term: 120 years from date of creation or 95 years from the publication date (whichever is
shorter) (also applies to anonymous and pseudonymous works)
6 Rights under Copyright Act - ✔✔1. To reproduce the original work
2. To make derivative works based on original
- Derivative work = obtained from or created in relation to an original work
- Example: without copyright holder's permission, no one may use a novel as basis of a play or
make a movie from a TV program (play and movie would be derivatives)
- E-book is NOT a derivative because does not transform, recast pre-existing work
3. Distribute the original work publicly
- Example: posting photos on Twitter does not allow others to use them without permission
, 4. Display the original work publicly
5. Perform the original work publicly
- Example: literary, musical, motion pictures, etc.
6. Transmit a sound recording, like CD, through digital audio means
Tasini Case - ✔✔- electronic distribution
- Print and electronic publishers violate the copyrights of freelance authors when they include
the freelancers' already-published articles in computer databases without the author's
permission
National Geographic Case - ✔✔- electronic distribution
- Copies of Nat Geo were digitalized and then placed in CD-ROMS and sold in sets—did NOT
violate copyright laws because it was a "derivative work"
Aereo Case - ✔✔- A company DOES "publicly perform" a copyrighted television program
when it transmits the program to paid subscribers over the Internet
Copyright Infringement - ✔✔- "Infringement" is defined as a violation of © owner's exclusive
rights
- "Fair use" is NOT infringement (more of a defense)
Plaintiff must prove in an infringement suit... (4 things) - ✔✔1. The work used is protected by
a valid copyright - original work
2. Plaintiff owns the copyright
3. Valid copyright is registered with the Copyright Office
4. And either...
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