Copyright & Publishing Midterm Study Guide
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| What are the five exclusive rights of the copyright owner? | RP3D: Reproduce, Perform, Display, Derive and Distribute.
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| What is the duration of copyright for an individual? | Life plus 70 years
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| What is the duration of copyright for joint authors? | Life of the remaining author + 70 years.
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| What is the duration of copyright for a company? | 95 years from the date of publication or 120 years from the date of creation.
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| Define creation. | When a work is made tangible for the first time.
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| Define publication. | When the work is released to the public.
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| When is a work considered fixed? | When a work is capable of being reproduced or perceived for more than a brief amount of time.
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| What is a derivative? | A new work based on a pre-existing work.
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| Explain the difference between a compilation and a collective work. | Compilation: when works that are not protected copyrighted are in a certain order, but the order in which they are laid out is protected. Collective work: All of the individual works in a collection are protected by copyright.
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| What things are not protected by copyright | Ideas, functional objects, facts/data, phrases, methods, dedicated to the public domain, items in the public domain, government works.
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| When is a performance is considered public? | A gathering larger than your immediate circle family and friends, or any place open to the public.
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| How does a work wind up in the public domain? | If the copyright expires, or if it is dedicated to the public.
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| What sort of protection are public domain works entitled to? | None.
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| What are moral rights? | Right of integrity: to say how your work is used. Right of Attribution: the right to have your name on your work.
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| To what type of works do moral rights apply? | Fine arts: paintings, sculpture, and limited edition photography.
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| Which Act gave moral rights to U.S. authors? | The Berne Convention
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| Who is considered an author? | The creator or one who makes the work tangible.
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| Difference between an employee and an independent contractor? | While an employee, the employer owns the copyrights of the work. An independent contractor keeps the copyrights of the work they create.
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| List the factors used to determine an employee or independent contractor. | Control Test or the Reid Test: 1. Duration of relationship between parties, 2. Benefits, 3. Who provides tools and materials, 4. Method of payment, 5. The level of control, 6. If its part of the regular business of the artist.
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| Why is it necessary to understand the Copyright Act of 1909? | Some works are still protected by the 1909 act.
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| What are some of the Copyright Act of 1909 limitations? | Didn’t protect all types of work, Had to have copyright notice, no protection unless work was published, must renew registration, which most people forgot.
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| What is a functional object? | Chair, cup, utensils, etc.
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| What aspects of a functional object may be protected by copyright? | None of it is unless there is an image on the functional object.
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| If a collaboration agreement, what are the rights of joint authors? | 50/50 Equal rights to control, equal rights to revenue. The only way to change that is a collaboration agreement.
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| How do you determine joint authorship? | Each author intends that contribution be merged to make one work, each author intends to be a joint author, each author contributes copyrightable material.
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| What are the common ways for a company to acquire copyrights? | Buy, hire employees, commission them under work for hire.
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| What is Fair Use? | An affirmative defense. Yes, I infringed your copyright, but I was entitled.
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| How is Fair Use determined? | Four factors test: 1. What was the purpose and character of the use? (For profit? transformative?), 2. What is the nature of the copyrighted work, 3. How much did you take and what did you take? 4.Does the new work replace the original in the marketplace?
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| What are some examples of fair use? | Mash-up, Parody, Satire,
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| What is the legal presumption created by registration? | That you are the true and correct owner of that copyright.
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| How can a copyright become subject to an involuntary transfer? | Death, Divorce, Default, Bankruptcy.
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| What is a parody? | A parody is an imitation of the style of a particular writer, artist, or genre with deliberate exaggeration for comic effect.
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| What is a satire? | A satire is the use of humor, irony, exaggeration, or ridicule to expose and criticize people's stupidity or vices, particularly in the context of contemporary politics and other topical issues.
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