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25 Cards in this Set
- Front
- Back
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What does fixed mean? What sort of work would not be considered fixed?
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Fixed-tangible of being reproduce, ice sculpture on a hot day
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Under copyright law, what does “published” mean?
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when its released to the public
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When is a performance considered public?
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Friends and family
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What is the duration of copyright for an individual? For a company?
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Life + 70, 95 yrs published, 120 yrs if not published
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What is the 1909 Act and how does it differ from the ’76 Act? Why should you know the differences?
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Copyright notice, renewed, 1909 does not cover sound recording
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What is the Poor Man’s Copyright? Is it a suitable substitute for registration?
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Mail it to yourself, no
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What are the benefits of registration?
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You can sue, Attorney’s fees, license your work, owner of work
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What is copyright notice? How is it different for sound recordings?
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Year, author, phonorecord they don’t get all the rights
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List an example of a work for each category of protectable works.
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Musical, sound recordings, architectural, two dimensional work of art, sculpture, literature, novel, poems
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What factors must be shown to establish joint authorship? What are the rights of each joint author? How can this be changed?
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Each author contribute work, attend for work to be merged into one work, joint authors, rights-equal share of the money, cannot sell the work without permission-collaboration agreement
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How are the rights to sound recordings limited? Why?
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No performance rights
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What are the three performing rights agencies? Who do they pay royalties to?
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Ascap, sesac, bmi, songwriter and publisher
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What is the name of the major mechanical rights agency? Under what circumstances would an artist contact this agency?
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Harry fox
they want to do a cover |
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What is a compulsory license? Under what circumstances can a publisher deny this license?
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-you have to let someone cover your song-criteria-statutory rate , 30 days ahead of the time, published already
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What must be proven to establish copyright infringement?
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Access to the work, ownership and registration, exactly the same or similar
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What is the Lay Observer Test?
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Jury decides to work with substantially similar or not
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What are the defenses to infringement?
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Show Infringement, no access to the work, not the same, fair use, limitations, laches
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What are the remedies available for copyright infringement?
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Available in court when you win the case, the remedy is what you get. Court costs, internal fees, actual damages, order from court-conjunction
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What is the statute of limitations for copyright infringement?
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3 yrs
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What are the four factors of Fair Use?
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amount taken, nature of original work, work on market, purpose of use
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What type of publisher following publishers typically handle administrative duties in house rather than outsource them?
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Full service publishers
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What is the difference between a synch license and a grand rights license?
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Sync-music with some element
Grand rights-stage shows, operas, music and dialogue |
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Explain the Merger Doctrine and give an example.
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copyrightable part has merged together, trash can
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What type of license usually generates the most revenue?
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Performing rights license
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What sort of things must publishers consider when entering into foreign licensing deals?
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- local laws, taxes, jurisdiction
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