Copyright Law - Exam 2 - Lecture notes Test 2 PDF

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Copyright Law, MBU 2520, Eric Holt, Lecture Notes, Definitions...

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Copyright Law MBU 2520 Holt Copyright Law - Exam 2 Practice Questions A ______ allows the licensee (record company or recording artist) to reproduce and distribute a copyrighted musical work in recordings such as compact discs and cassettes in return for a royalty (a percentage of the sale price) on recordings sold. Mechanical License What part of the Constitution gives the copyright owner the exclusive right to reproduce the copyrighted work? 17 USC 106(1) True or False? The compulsory mechanical license allows anyone to reproduce a musical composition once it has been distributed to the public in the form of a phonorecord or audiovisual work in the US with the copyright owner's permission. False (does not include audiovisual works) The compulsory mechanical license applies only to ______. Non-dramatic (musical) works In order to obtain a compulsory mechanical license, the primary purpose for making your recording must be to ______. Distribute to the public for private use True or False? Changes to the basic melody or fundamental character of the work will prohibit a person from obtaining a compulsory mechanical license. True When must royalties payable in connection with a compulsory mechanical license be made? On the 20th of each month. True or False? The compulsory mechanical license is often used because record companies prefer to provide monthly statements and pay mechanical royalties on a monthly basis. False In a controlled composition clause, the artist agrees to ________. Give the record company a reduced statutory rate

True or False? Many publishers choose to issue mechanical licenses through a mechanical licensing agent such as the Harry Fox Agency because it is a cost effective alternative to issuing the mechanical license themselves. True What are some important limitations on Harry Fox Agency licenses? 1. It will only cover records manufactured and distributed in the United States. 2. It will not give you the right to print song lyrics on album liner notes. Unlike the US, mechanical royalty rates in virtually all other countries are based on ________. A percentage of the retail sales price or the wholesale price When was The Digital Performance Right in Sound Recordings Act passed? 1995 The Digital Performance Right in Sound Recordings Act amended Section 115(c) of _______. The 1976 Copyright Act What does The Digital Performance Right in Sound Recordings Act amendment state? Sets the compulsory license for phonorecords distributed digitally (e.g. downloads) True or False? The "digital phonorecord delivery" (also known as DPD) is defined in the Copyright Act as: "... each individual delivery of a phonorecord by digital transmission of a sound recording which results in a specifically identifiable reproduction by or for any transmission recipient of a phonorecord of that sound recording, regardless of whether the digital transmission is also a public performance of the sound recording or any nondramatic musical work embodied therein." True What is a permanent download? A digital phonorecord delivery that is distributed in the form of a download that may be retained and played on a permanent basis. True or False? Permanent digital downloads bear the same statutory royalty rate as physical phonorecords. True What is the dubbing limitation when it comes to the reproduction of sound recordings? The copyright in a sound recording only protects against the copying of the actual recorded sounds and not against imitation of those sounds. The Cahn v. Sony Corp. case led to the passage of _______. The Audio Home Recording Act of 1992.

The Audio Home Recording Act (AHRA) was designed to ______. Allow consumers to copy recordings of copyrighted music for private, noncommercial use while also compensating copyright owners. What is the AHRA's infringement exemption? The AHRA exempts consumers from liability for direct copyright infringement for home taping of copyrighted works, provided that the home taping must be for a noncommercial use. True or False? Since personal computers are not considered digital audio recording devices, the AHRA exemption would not apply to home taping using a computer. True What happened in the RIAA vs. Diamond Multimedia case? The Court of Appeals ruled that the Rio was not a digital audio recording device because it does not actually record anything directly, but simply accept the transfer of files from a computer's hard drive to make them portable. True or False? In the RIAA v Diamond Multimedia case, the court ruled that the AHRA computer exemption applied to the Rio player and it was not a digital audio recording device. True What is space-shifting? The copying of a legally obtained music file from one medium (such as a computer hard drive) to another to be able to listen to the music in other locations. What is sampling? Using part of an existing work and including it in a new work. Who must an artist or recording artist wanting to use sampled material negotiate licenses with? 1. Record Company 2. Music Publisher What is the concept of de minimis use? Refers to a sample considered too small to be important What was the Sixth Circuit case, Bridgeport vs. Dimension Films? The concept of de minimis use was essentially eliminated What was the Bridgeport v UMG Recordings case? The Sixth Circuit Court reasoned that even if a small fragment of a recording is used, a license must be obtained if it is recognizable.

What are the requirements for a derivative work? 1. The work must borrow from another work 2. The work must recast, adapt, and transform the work upon which it is based What was the Woods vs. Bourne case? The court held that stylistic changes do not constitute a derivative work What are the various types of derivative works? 1. Fictionalizations 2. Editorial Revisions 3. Dramatizations 4. Translations to a new language 5. Translations to new medium 6. Abridgements or condensations A work that revises an earlier work. Editorial revision The transformation of a preexisting nonfiction work into a fictional work, such as a novel or screenplay. Fictionalization The transformation of a preexisting work into a work that can be performed on stage. Dramatization The transformation of an existing work into a shorter version. Abridgement/condensation True or False? Virtually all sound recordings are derivative works because their creation typically involves transforming a song into a recorded medium. True What was the Wood vs. Boosey case? A court ruled that translating a score from many instruments to a piece for only piano was significantly different than the original work, therefore making it a derivative work. Where is the distribution right found in the Constitution? 17 USC 106 (3) What did piracy lead to? The protection of sound recordings under federal copyright law in 1972.

What are civil penalties for actual damages, lost profits, or statutory damages? Up to $150,000 per infringement. What are criminal penalties for record piracy if the infringing activity is for commercial advantage and private financial gain? 1. Up to 10 years in prison for repeat offenders. 2. Up to 5 years in prison and $250,000 in fines What is the Federal Anti-Bootlegging Statute? Prohibits Unauthorized recording, manufacture, distribution, or trafficking in sound recordings or videos of artists' live musical performance. What is the No Electronic Theft Act? Provides for criminal prosecutions even if no monetary profit or commercial gain is derived from the infringing activity. What is the Record Rental Amendment Act of 1984? Allowed for rental of PHONORECORDS but NOT COPIES without permission True or False? Record Rental Amendment Act of 1984 provides that phonorecords cannot be rented for purposes of commercial advantage unless authorized the copyright owners. True According to the Copyright Act, the term "perform" includes to __________. Recite, render, play, dance, or act the work What are the various types of performances? 1. Live 2. Recorded 3. Transmitted What does it mean to transmit a work? To communicate it by any device that enables images or sounds to be received beyond the place where they originated. What are the four categories of performances that are classified as public performances? 1. Work is performed at a place open to the public 2. Work performed at a place where a substantial number of people other than family/friends are gathered 3. A work is transmitted to a place open to the public 4. A work is transmitted by a device, regardless of whether the public receives it in the same or separate places or at the same or different times

What was the United States vs. ASCAP case? The court held that a performance of downloaded music takes place only after the download is complete and the recipient takes the initiative to play it. True or False? A license fee for public performance of a musical composition via digital transmission may be negotiated by a PRO. True True or False? Royalty rates for DPDs are set by the Copyright Office. True The public performance right was first made applicable to musical works under the ______ Copyright Act. 1909 What was the Herbert vs. Shanley case? SCOTUS ruled that a license is required if it can be sufficiently shown that music is used in the process of the restaurant (or other business) making a profit. What are the responsibilities of a performance rights organization? 1. Issuing licenses and collecting license fees 2. Monitoring public performances of music 3. Paying songwriters and publishers based on the number of performances of their music _____ and _____ are nonprofit PROS and therefore subject to the governmental oversight. ASCAP and BMI What factors do PROs consider when assigning value to a performance? 1. size of potential audience 2. time of performance 3. type of performance PROs pay ____% of the amount due for performances to songwriters and ____% of the amounts are paid to publishers. 50% / 50% What are the limitations on the public performance right? 1. Face-to-Face Teaching Activities 2. Noncommercial Broadcasting 3. The Fairness in Music Licensing Act 4. Religious Services 5. Nonprofit Performance of Nondramatic Literary or Musical Works

6. Retail Record Sales 7. The Homestyle Receiving Apparatus Exemption 8. Technology, Education, and Copyright Harmonization Act _______ exempt the performance of copyrighted works by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction. Face-to-face teaching activities The _______ allows for the educational use of copyrighted material in digital form in certain circumstances. Technology, Education, and Copyright Harmonization Act _______ are exempt performances of nondramatic literary or musical works and dramatic musical works of a religious nature "in the course of services at a place of worship or other religious assembly." Religious services ________ is an exemption for certain nonprofit performances of nondramatic literary or musical works. Nonprofit performance of nondramatic literary or musical works ______ is an exemption for businesses who play radio or television broadcasts on standard radio or television equipment. The Homestyle Receiving Apparatus Exemption _________ was lobbied for by the National Restaurant Association because the Homestyle Receiving Apparatus Exemption was too difficult to interpret The Fairness in Music Licensing Act _____ is an exemption that allows stores that sell recordings to play works in order to promote sales. Retail record sales ______ provides for a compulsory license permitting the performance of published, non-dramatic musical works. Noncommercial broadcasting The Digital Performance Rights in Sound Recordings Act (DPRSRA) granted _________. A limited public performance right for sound recordings. What two basic changes to copyright law did the Digital Performance Rights in Sound Recordings Act (DPRSA) cause? 1. A new exclusive right of public performance for SR

2. Expanded the compulsory mechanical license provision to include the reproduction/distribution of musical compositions in digital format If a recording of a copyrighted song is broadcast over analog radio or television or performed in a live setting, the ______ and ______ are paid, while _____ and _____ are not. - Publisher and songwriter are paid - Label and recording artist are not paid What is a digital audio transmission? A digital transmission "that embodies the transmission of a sound recording." True or False? Licenses of digital performance of sound recording that are non-interactive subscription are available through a compulsory license. True True or False? In 2007 The Performance Rights Act was passed providing an analog performance right to the owners of sound recordings. False (it wasn't passed). What is SoundExchange? Issues licenses and collects license fees for digital performances of sound recordings. The issuer of a license for a DPD is a _____. SRCO ____% of the licensing fees are paid to the copyright owner. 50% ____% of the licensing fees are paid to the featured recording artist. 45% ____% of the licensing fees are paid to non-featured musicians. 2.5% _____% of the licensing fees are paid to non-featured vocalists. 2.5% What was the F.B.T. Productions, LLC vs. Aftermath Records case? The court found that the "Masters License" provision was unambiguously applicable to rate setting for permanent downloads and mastertones of the sound recordings. The right conveyed to the copyright owner under 17 USC 106(5) is limited to ______.

The display of copyrighted works in copies and not phonorecords. Under the 1909 Copyright Act, federal copyright protection began upon publication of a work but only if that work included _______. Proper copyright notice True or False? If a work was never published or registered, it would be protected indefinitely under the Copyright Act of 1909. False True or False? Under the 1909 Copyright Act, even if the author had previously transferred copyright ownership to someone else, the renewal right belonged to the author of the work or the author's heirs. True True or False? The Copyright Renewal Act of 1992 made renewal automatic for works created from 1964 to 1977, but renewal was still required for works published before 1964. True What was the case of Fischer vs. Witmark? SCOTUS held that authors could transfer their rights to the renewal term during the initial term. What is the copyright protection for a work that is anonymous/pseudonymous/made for hire? 95 years from publication or 120 years from creation, whichever is shorter ______ maintain current records on the deaths of authors of copyrighted works. Register of copyrights True or False? A song is protected by copyright law until Dec. 31st of the seventieth year following the death of the author. True Works that were created but had not been published prior to 1978 were protected by _______ copyright, which lasted indefinitely. State common law What did the Sonny Bono Extension Act of 1998 do to copyright protection? Extended the renewal term to 67 years In order for copyright in a foreign work to be restored, what conditions must be satisfied?

1. The work must have been created by an author who is a citizen/resident of a member country of the Berne Convention, WTO, or another copyright treaty with the US 2. The work must have been first published in the foreign country and not published in the US within 30 days after foreign publication 3. The work's copyright must NOT have expired under the foreign country's copyright True or False? If an assignment of copyright does not clearly indicate the term of its duration, it will be deemed effective for the remainder of the copyright term. True What does the rule of shorter term allow? Allows countries that have a comparatively long copyright term the option of applying a shorter term to foreign works by using the term of the foreign work's country of origin. _______ processes registration applications and maintains records of copyright registrations and other recorded documents dealing with copyright ownership. The copyright office ______ is the person responsible for the overall direction of the Copyright Office. Register of Copyrights What are the various departments of the Copyright Office? 1. Licensing Division 2. Registration Program 3. Copyright Acquisitions Divisions 4. Information and Records Division 5. Copyright Office Records 6. Receipt Analysis and Control _________ receives registration applications and other documents, records and deposits payments, handles incomplete claims, and maintains office correspondence files. Receipt analysis and control ________ examines registration and renewal applications, registers claims of copyright, and issues certificates of registration. Registration program ________ carries out compulsory licensing provisions of the Copyright Act. Licensing division ______ handles the education of staff and public and conducts searches for hourly fees. Information and records division

______ administers mandatory deposits of works. Copyright acquisitions division _______ houses registration information for copyrighted work. Copyright Office records While registration of copyright is not required in order to be protected under copyright law, there are several reasons an owner may want to do so. These include: 1. Public record of claim of ownership 2. Prima facie evidence of ownership 3. Ability to file an infringement suit in federal court 4. Early registration entitles copyright owner to attorney fees and statutory damages 5. Allows copyright owners to collect mechanical license royalties 6. Allows copyright owners to block importation of illegal copies True or False? If a work is registered within 7 years of initial publication, the information is assumed valid by the court. False (5 years) True or False? An owner of all or part of the exclusive rights to a copyrighted work can register the work. True What are the two ways to apply for copyright registration? 1. Electronic Copyright Office (eCO) online system 2. Paper application What information is required when registering a work? 1. Completed application 2. Deposit 3. Payment What information is required on registered work? 1. title of the work 2. date of creation 3. date of publication 4. author's name The fee for electronic copyright applications is $____. $35 The fee for paper copyright applications is $____. $65

What does pre-registration address? Infringement prior to commercial release What is a "best edition"? The edition published in the U.S. at any time before the date of deposit that the Library of Congress deems most suitable. What are examples of works that are exempt from the deposit requirement? 1. Works that are published in the US but are published in electronic form only (not available in physical form) 2. Certain serials (e.g. newspapers or other periodicals) When is expedited registration available? 1. If registration is needed for a lawsuit 2. To meet contractual or publishing deadline 3. Other urgent need determined by the Copyright Office When is the effective date of registration for a work? The date on which the Copyright Office receives all the required materials ______ can be used to correct significant errors made in a registration application. Form CA What is the purpose of a copyright notice? To inform the public of the claim of ownership in work. True or False? Until the U.S. joined the Berne Copyright Convention in 1989, notice was required in order to ensure copyright protection. True Where should copyright notice be placed? On every reproduction of the copyrighted work What should the copyright notice include? 1. The word "Copyright" or the symbol 2. Year of initial publication 3. Copyright owner's name What types of unpublished works apply to pre registration? - motion pictures - SR - musical compositions

- literary works being prepared for publication in book form - computer programs - advertising/marketing photos What is an exemption to the reproduction right? Compulsory mechanical license Who sets statutory rates? Copyright Royalty Board What is the controlled composition clause? The artist (songwriter) and record company agr...