Music Copyright Law - Exam 1 PDF

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

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Music Copyright Law MBU 2520 Holt Copyright Law - Exam 1 Practice Questions American copyright law is based on the _____ philosophy. Utilitarian Philosophy True or False? Copyright is a form of monopoly and lasts for a limited duration. True What do patents protect? - inventions - discoveries - product designs What provides the longest duration of protection of any intellectual property? Trademarks What is the primary purpose of copyright law under the utilitarian philosophy? To encourage the widest possible production and availability of artistic works. What idea is the Author's Right philosophy based upon? The author should be allowed to obtain the reward for his contributions to society. What idea is the User's Right philosophy based upon? Creators need to be able to draw on prior works for inspiration. The current copyright statute is found at ________. 17 USC 101 et al. The foundation of our US copyright statute is found in ______ of the US Constitution. Article 1, Section 8, Clause 8 What do the rights of the copyright owner include? The right to... - reproduce - distribute - publicly perform - prepare a derivative work - perform a SOUND RECORDING via digital audio transmission

How long do trade secrets last? Until the information is no longer secret. How is trademark protection acquired? Its use in commerce True or False? Trademarks are used to identify goods and services. True What do trademarks protect? - names - symbols - devices (or combination of) What are limitations when it comes to copyright? - time (life of author + 70) - fair use - public domain What form of intellectual property offers the shortest protection period? Patent - 20 years Most public performances take place through _____. Radio play According to Article 1, Section 8, Clause 8 of the US Constitution, what is the purpose of copyright? "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries." American copyright law, although historically based upon the user's right philosophy, may be more accurately described as an ________ philosophy. economic rights (or trade-based) philosophy What did the Licensing Act require? Anyone who wanted to publish a book was required to obtain a license through the Stationer's Company. _______ provided a basis for all copyright. The Statute of Anne What was the term of copyright protection in the Statute of Anne?

14-year term of protection, with an additional 14-year term if the author was still alive. True or False? The Statute of Anne applied solely to the printing and selling of books. True When was the first US copyright act passed? 1790 What works did the Copyright Act of 1790 protect? Books, maps, and charts What was the term of protection under the Copyright Act of 1790? An initial term of 14 years with a renewal term of 14 years. When was the first general revision of the US Copyright Act? 1831 What did the Copyright Act of 1831 change? - initial term of copyright protection to 28 years - could pass to heirs - musical compositions were protected What did the Copyright Act of 1909 entail? - protected all writings of an author (so long as they were published) - 28 initial term, with 28 renewal term - compulsory mechanical licenses When did the Copyright Act of 1976 go into effect? January 1, 1978 _______ changed the term of copyright protection to the life of author + 70 years. The Sonny Bono Act When was the Berne Convention formed? 1886 What was the purpose of the Berne Convention? agreement between countries to give foreign works the same degree of protection as its law provides for domestic works --> sets standards/minimums When did the US join the Berne Convention? 1989

What are the three basic requirements that enable a work to be protectable under Federal Copyright Law? 1. originality 2. expression 3. fixation True of False? Originality does NOT require any measure of novelty, ingenuity, or aesthetic merit. True At its simplest, what does "originality" mean? A work has been independently created by its author rather than copied from another work. What was the outcome of the Chrysler v. ZZ Top case? SCOTUS found that "La Grange" WAS sufficiently original to be protected under copyright law. What was the outcome of the White Smith Publishing v. Apollo case? SCOTUS held that piano rolls were NOT copies because the musical composition could not be read without the use of a machine. - overruled a year later by 1909 Copyright Act Lyrics can be copyrightable if they ______. Contain original expression What was the outcome of the Acuff-Rose v. Jostens case? The court held that Jostens was NOT guilty of infringement because the lyrics lacked the requisite originality. True or False? Rhythm and harmony are seldom sufficiently original on their own to be protectable under copyright law. True

True or False? Under the 1909 Copyright Act, a musical composition had to be in a form that was readable (whether by a person or a machine) in order to be protected. True What is defined as a "sound recording"? A work that is the result of the fixation of sounds, whether musical or spoken (but specifically excluding sounds accompanying audiovisual works). Sound recordings are separate and distinct from __________.

The underlying musical compostion that is contained in it. The copyright in sound recordings only protects against the copying of ________ and not against _________. 1. actual sounds 2. imitations of those sounds What is the definition of a literary work? Works, other than audiovisual works, expressed in words or numbers. What is the definition of a dramatic work? Works that tell a story through action, dialog, and narration. What is the definition of a pantomime? A drama presented by gestures and action without words. What is a choreographic work? A work consisted of recorded and notated movements of a dancer. What defines a pictorial, graphic, or sculptural work? Two-dimensional and three-dimensional works of art. What is the definition of an audiovisual work? Works that consist of a series of related images which are intended to be shown by the use of a machine, along with accompanying sounds. What is the definition of a motion picture? Audiovisual works consist of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. What is the definition of a compilation? The collection and assembling of preexisting materials in such a way that the resulting work as a whole constitutes an original work of authorship. What was the outcome of the Feist Publications v. Rural Telephone case? SCOTUS held that although Feist copied Rural's listings, those listing were not copyrightable. What is a collective work? A type of compilation in which a number of contributions, constituting separate and independent works in themselves, are assembled into a whole. What works are not protected by copyright? 1. works in the public domain 2. ideas

3. facts 4. names, titles, slogans, and short phrases 5. unfixed works 6. works of the US government Can someone protect rhythms and harmonies independently? NO!! When does copyright ownership arise? The moment of creation True or False? Each co-author's contribution to a joint work must be independently copyrightable and equal. False Co-owners are free to agree to any other ownership rules as long as they ________. Put their agreement in writing What was the outcome of the Papa-June Music v. McLean case? The Court held that McLean was a joint owner of the copyrights for the songs, and because the parties did not have a written agreement specifying a different arrangement for these songs. True or False? Authorization by all owners of a joint work is required in order to grant a non-exclusive license to a third party. False What was the result of the Jerry Vogel Music Co. v. Miller Music case? The court held that co-owners of a joint work have a duty to account for profits from licensing to third parties. What was the result of the Ulloa v. Universal case? The court held that Ulloa was not a joint author since there was no evidence that Jay Z intended to share authorship with her. True or False? If an employee creates a copyrightable work as part of his or her job, it is a work made for hire because it was made within the scope of employment. True What was the outcome of the Community for Creative Non-Violence v. Reid case? SCOTUS held that a sculptor who was hired to create a sculpture was an independent contractor rather than an employee.

True or False? The location of the work performed and the method of payment for the work are two of the twelve factors that a court will consider when determining whether a work was made within the scope of employment. True True or False? If an employment relationship does not exist and one party hires another to create a copyrightable work, the work cannot be considered a work made for hire. False What are the two categories of works made for hire? 1. works prepared by employees within the scope of employment 2. specially ordered or commissioned works Nonexclusive licenses do not involve _______. A transfer of ownership What is recordation? The process of recording a transfer of copyright ownership. What is registration? The process for recording claims of copyright ownership. Section 204(a) provides that a transfer of copyright ownership is not valid unless __________. It is in writing and signed by the owner. What happens when there are conflicting transfers of copyright ownership? The first transfer takes priority over any subsequent transfers - provided that it's recorded first or w/i one month after transfer is made (or two months if the the transfer was made outside of the US) When considering a termination of transfer, the most important date is _______. The date when a transfer of rights is made. When can a termination of transfer be made? During the five-year period beginning at the the end of 35 years from publication or 40 years from the transfer date, whichever is earlier. What must the notice of termination state? The intended termination date When can the notice of termination be sent? Any time between two and ten years before the termination date

True or False? A transfer of copyright cannot be made before a work exists. True What are orphan works? Works for which the copyright owner cannot be located or contacted. For joint works, the agreement is usually split _____. 50/50 How do courts usually establish intent? 1. conduct 2. quality/quantity of contributions What is a derivative work? A work where two independent works come together to form a new work What is the duration for a work made for hire? 95 years from publication (made available to public) or 120 years from creation, whichever comes first What makes a work made for hire different from a "regular" work? 1. ownership belongs to employer/commissioning party 2. duration 3. no right to termination of transfer When it comes to works made for hire, why is there no right to termination of transfer? No transfer took place What are the typical rights/duties of joint owners? 1. equal, undivided ownership interests 2. right to license 3. duty to account to co-owners What are the various categories for a specially ordered or commissioned work to be a "work made for hire"? 1. a contribution to a collective work 2. a part of a motion picture or other audiovisual work 3. a translation 4. a supplementary work 5. a compilation 6. an instructional text 7. a test

8. answer material for a test 9. an atlas What factors are evaluated when determining whether the hiring part has the right to control the work of the hired party? 1. skill of worker 2. source of tools/materials 3. location 4. duration of the relationship 5. whether the hiring party has the right to assign additional projects to the hired party 6. method of payment 7. which party decides whether assistants will be uses and which party pays them 8. whether the work is part of the regular business of the hiring party 9. whether the party creating the work is in business for itself 10. the extent of the hired party's discretion over when/how long to work 11. whether the hired party receives employee benefits 12. tax treatment of hired party. The Copyright Act of 1909 did not include a right to the _________ of sound recordings. public perfomance What did the Copyright Act of 1909 fail to do? Failed to bring American copyright law in line with the with the terms required to join the Berne Convention because of its insistence of formalities and shorter protection period. What does the Copyright Act of 1976 entail? - protected any work in fixed, tangible form - life of author + 50 years - copyright ownership was divisible - termination of transfer - codified fair use - carried out compulsory licenses, but increased mechanical royalty rates and expanded categories for licenses What are musical works a combination of? - melody - harmony - rhythym What was the outcome of the O'Brien v. Chappel & Co. case? The court held that copyright/literary rights do not extend to words/phrases isolated from context, nor do they extend to abstract ideas/situations. The copyright in the musical composition covers ______.

The sequence of musical notes and phrases, lyrics, and rhythm. What is the difference between a license and assignment? - license: transfer of one or more of exclusive rights - assignment: tranferring ownership What are the requirements for a joint work? - two or more authors contribute original/copyrightable material - intent When is a work made for hire determined to be created within the scope of employment? - type of work that the employee is paid to perform - work is performed substantially within work hours at the work place - work is performed, at least in part, to benefit the employer....