terms
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| Precedent | a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts.
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| Petitioner | The party who lost at the lower court level and subsequently files the petition for cert in the US Supreme Court.
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| Respondent | The person against whom an appeal is taken.
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| Pre-emption | the judicial principle asserting the supremacy of federal over state legislation on the same subject
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| Original jurisdiction | authority held by a court to be the first court to hear a particular case.
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| Appellate jurisdiction | power of a court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right.
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| Action at law | judicial proceeding brought by one party against another; one party prosecutes another for a wrong done or for protection of a right or for prevention of a wrong
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| Action in equity | proceeding in court of equity that seeks equitable relief, such as an injunction or specific performance, as opposed to damages. Action in equity is also called, ‘action at equity’
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| Appellant | the party who appeals a decision of a lower court
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| Appellee | Generally, the side that won in the trial court, and whose victory is being appealed by the losing side. Sometimes called the respondent.
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| Bundle of rights | The law designates the rights that accompany ownership to real property as the bundle of rights. The right to own, possess, use, enjoy, encumber, dispose of, and exclude those who do not share ownership of real property.
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| Phonorecord | defined by the United States Copyright Act of 1976 to be a material object in which embodies sounds (other than those accompanying audio-visual recordings such as movies), for example cassette tapes, CDs or albums.
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| Digital Phonorecord Delivery (DPD) | individual delivery of a phonorecord by D.T of a sound recording which results in a specific identifiable reproduction by or for any transmission recipient of a phonorecord of that recording,
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| Idea/expression dichotomy | concept which explains the appropriate function of copyright laws, which are generally designed to protect the fixed expression or manifestation of an idea rather than the fundamental idea itself.
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| Copyrighted | set of rights granted to the creator of an original work, including the right to copy, distribute and adapt the work. Copyright does not protect ideas, only their expression or fixation.
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| Exclusive rights | 1) To reproduce
(2) To prepare derivative works
(3) To distribute copies or phonorecords
(4) To publicly perform
(5) To display publicly
(6) SRs: to perform publicly by digital audio transmission
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| copy v. phonorecord | Phonorecord embodies the recording, a copy is a redone version.
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| Derivative work | A work based upon one or more pre-existing works in which a work may be recast, transformed or adapted.
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| What part of the derivative work is copyrightable? | A work based upon one or more pre-existing works in which a work may be recast, transformed or adapted.
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| Who owns the copyright of a derivative work? | Original copyright owner holds the copyright of original material. Derived work is held by the derivative author.
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| What is First Sale Doctrine ʂ109? | Allows the purchaser to sell or give away a lawfully made copy of copyrighted work without permission once it has been obtained. Copyright holder's rights to control ownership of a copy ends once that copy is sold, as long as no additional copies are made
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| Is there a digital first sale doctrine? | no
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| • When is it all right to import goods under Section 602? | Use for Government, personal use w/ one copy, private scholarly, religious or educational purposes,
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| When is it a violation of the distribution right? | When sold, distributed, or used for private gain
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| What is "public performance?" | To recite, render, play, dance or act it.
In the case of a motion picture or audiovisual work, show images in any sequence with or without sound.
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| Where is public performance possible? | To perform or display at a place open to the public
OR
At a place where a substantial number of people outside the normal circle of a family and its social acquaintances is gathered
OR
To transmit to one of the above whether or not received.
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| What are Small Rights? | single non-dramatic work
Administered by the PROs.
Blanket Licenses
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| What are Grand Rights? | dramatic musical works.
Administered by theatrical rights organization.
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| What are the 5 exemptions to public performance? | Face-to-face classroom teaching
Performance in course of religious service at place of worship
Non-profit performance
In-store promotions
Home-style exemption
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| • What is Sound Exchange? | P.R.O: collects statutory royalties- satellite/internet radio & music channels for streaming audio. The CRB, appointed by The Library of Congress has entrusted them to collect and distribute these royalties to the artists & master rights owner
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| • What is the Audio Home Recording Act? | 1992 amendment to the copyright act regarding at home reproduction of copyrighted material.
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| To what does the AHRA apply? | Black recordable devices (cd's, tapes, ect.)
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| • What is the Harry Fox Agency and what does it do? | the United States of America's largest agency collecting and distributing mechanical license fees on behalf of music publishers from licensees
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| • What is a compulsory license? | License obtained not through negotiations but through force.
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| what are the requirements to obtain one? | must be small license. Notify copyright owner within 30days of making and before distributing. Make monthly payments. Can't change fundamental recording.
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| • What is the statutory rate? | 9.1Cents or 1.75 cents per minute after 5 minutes.
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| what is the statutory rate of a master tone (ring tone)? | 24 cents
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| • What are BMI, SESAC and ASCAP and what do they do? | Performing rites organizations who collect royalties from public performances.
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| What is copyright? | Federal set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright does not protect ideas, only their expression or fixation.
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