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12 Cards in this Set
- Front
- Back
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What is the Newman Temporal Displacement test for conceptual separability? |
Does the work stimulate in the mind of the beholder a separate concept from the utilitarian function. "Do you think art?" |
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What is the primary purpose test? |
What is the primary purpose of the work, utilitarian or aesthetic? |
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What is the Denicola test? |
Was the artistic expression uninhibited by functional considerations? |
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What is the Winter test? |
Would ordinary observer perceive an aesthetic concept not related to the article's use? |
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What is the Goldstein test? |
If feature can stand on its own as a work of art traditionally conceived |
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Which tests are not artist friendly? |
Physical separability and primary purpose |
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What are the most important factors when evaluating work for hire? |
1. Method of payment 2. Employee benefits 3. Tax Treatment 4. Level of Skill Required 5. Assignment of additional projects |
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What are the Restatement factors for work within scope of employment (3 factors) |
1. Work within kind he is employed to perform 2. It occurs substantially within authorized time and space limits 3. It is actuated by a purpose to serve the master |
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What are the four fair use factors |
1. Purpose and Character of the Use 2. Nature of the Expression 3. Amount and substantiality of portion used in relation to copyrighted work 4. Effect of the use on the potential market for/value of the copyrighted work |
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What are two goals of fair use? |
1. Maximizing cumulative creativity 2. Freedom of expression |
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Prior to the DMCA, what did courts use to validate interoperability cases? |
Fair use |
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Are databases more protected in the EU or in the US? |
The EU -- EU recognizes moral rights |
