What is/are ....# 1
Three exceptions to the rule that the creator of a new work owns the copyright in that work
1) when new work is created by an employee within the course of their employment
2) when a work is created by an independent contractor who signs a written agreement stating that the work will be " made for hire "
3) If the creator assigns 100% of their rights in the work to another person or company
Designation that applies to all songs published before 1923
What are works that are in the Public Domain?
Useful inventions, industrial designs, films, plays, drawings paintings , dramatic and non-dramatic performances symbols, names, images, and designs used in commerce.
What are Patents , Trademarks and Copyrights ?
1) a valid copyright.
2) access to the copyrighted work.
3) substantial similarity
What are the three requirements tp bring a claim copyright infringement?
Term of copyright protection of a work for hire
What is
95 years after the date of publication
or 120 years from the date of creation
whichever expires first
Until you die + 70 years.
What is the length of copyright protection for original works of authorship in the U.S. and in EU countries
Advantages of Using a Copyright Notice
Makes potential users aware that a work is copyrighted .
In the case of a published work, a notice may prevent a defendant from limiting liability for damages based on an innocent infringement defense.
Formulas, patterns, recipes, lists, techniques and processes
What are trade secrets ?
When is a new song protected by copyright
The moment it is recorded or exists in some tangible form such as notes and lyrics are scribbled on the back of an envelope
True or False?
Using uncleared samples in a mixtape that you plan to distribute for free does not constitute copyright infringement
What is FALSE
Show and distinguish the identity, source and quality of products and services
The main functions of a trademark
Basic level of originality,
fixed in a tangible form of expression
What are two requirements forcopyright protection ?
Songs, Sound Recordings, Photographs, Videos Sculptures, Motion Pictures and Architectural Drawings
Examples of copyrightable works
Amazon's 1-click ordering is protected by which category of intellectual property
What is an example of a patent ?
1) NPR salaried audio engineer
2) Full-time Staff composer at production music house Jingle Punks
Two employment scenarios that classify new works created as work for hire
Are song titles protected by copyright ?
No, Copyright protection does not extend to song titles; however if the song is a giant hit, the title could be protected under laws of unfair competition
The right to reproduce (make copies) publicly display, publicly perform, distribute, create adaptations and perform the work publicly by means of a digital audio transmission.
What are the 6 exclusive rights of copyright owners?
The copyright symbol © (or for phonorecords, the symbol ℗ ); the word “copyright”; or the abbreviation “copr.”;
followed by the year the work was first published ;
name(s) of the creator(s) and
3 elements of copyright notice required for songs published before 1989
Statute of limitations to bring a copyright infringement claim
What is three years?
What do these works have in common ?
"King Porter Stomp" by Jellyroll Martin
"Chimes Blues" by Joe King Oliver
" Tell Me With a Melody" by Irving Berlin
They were first published in 1923 and entered the public domain earlier this year on January 1, 2019
inventions; books; songs; graphic designs; kitchen utensils , symbols, company names and images
What are different forms of intellectual property?
Copying or distributing copyrighted works without permission of the rights holder
What is copyright infringement
Criticism ( music reviews, ratings), Parody (South Park, Saturday Night Live), News reporting and commentary (News shows ) , Research ( student projects , classroom use) , and Scholarship (documentary film /video and sound clip)
What are examples of works that fall under Fair use
17 U.S. Code § 107 - Limitations on exclusive rights: Fair use
10 years, with 10-year renewal terms.
What is the term of Federal trademark protection
Scientific, historical, biographical facts
Types of information not protected by copyright