Flashcards in Final Exam Deck (81)
Something to consider
Someone can infringe your song copyright without taking possession of it, without taking possession of any physical object and without your awareness of the infringement
Which organizations would be likely to be involved in exploiting a copyright owners 106(4) rights? What are the rights?
Rights: To reproduce, distribute, prepare/perform derivative work and public performance
Any word, name, symbol, or device or any combination used to identify products or services and to distinguish them from those manufactured or sold by others.
The "Author's Right" was influenced by who?
Influenced by John Locke, a person should have control over what they create
Where is "Congress will have the power to promote the progress of Science and Useful Arts, by securing for limited times to Authors and Inventors the exclusive right to their writings and discoveries"
Copyright Act of 1909
Where the creation of the a compulsory mechanical license first appeared
Compulsory Mechanical License
To reproduce and distribute sound recordings of musical compositions
When were sound recordings first protected?
Protected by US Copyright Law in 1972
Bob never placed a copyright notice on copies of his song. He offered them for sale in dime stores and music stores from 1912 to 1947. As a result of this practice the copyrights of his song were injected into the public domain.
Under the 1909 Act, he had to have copyright notice or it would go into the public domain.
Where is the right to prepare a derivative work of a copyright protected work?
Section 106 (2) of the Copyright Act
Copyrighted great for a compilation
Based on the originality and expression found in the selection and arrangement of the preexisting materials.
A regular pattern formed by a series of notes of differing duration and stress
2 requirements for the creation of a joint work
1. 2 or more authors must contribute to the creation of the work
2. Each of the co-authors must make their contribution with the intention to combined work
Richard Jones is a popular singer. Jones demands 50% co-ownership of the songs he records. Jones sells so many records that most songwriters sign an agreement with Jones that makes a co-owner, even though Jones makes absolutely no contributions to the song.
The prenup needs to be signed before making the song
Susan is the lead actress in a Broadway show. She wants to record all of her solos just as she performs them in the play. She has a lucrative contract offer to promote her career by distributing her recordings through the Music Moods background music service. Her problem is that the publisher of all of the music in the show refuses to give her licenses to record the songs.
Note that Susan cannot get a compulsory mechanical license for these recordings because they are not for phono records (CDs, vinyl, downloads) they are for a background music service.
Joe tours and sells his recordings to fans after each of his shows. Joe records an album of cover songs, all of which have been recorded and distributed by other artists. Joe records the album over songs, all of which have been recorded and distributed by other artists. Joe records the album over the Memorial day weekend (May 19th-21st) and the leaves town. New recordings were finished June 1st. They were sold well during the summer touring season. Joe tours all summer and finally requests a compulsory license from the publishers of the songs he recorded over labor day weekend.
Note that music publishers are not obligated to grant Joe a compulsory license for the songs because he failed to request the license within 30 DAYS of the recording and before the public distribution.
What is a downloaded song?
Digital phono record for delivery or DPD
What is the statutory royalty rate for a DPD
$.091 (for up to 5 minutes)
What does a controlled composition close guarantee?
That the record company that will be able to obtain the mechanical licenses for any song written, owned or controlled by the artist at reduced rates.
-Record label + artist contract
Translating a derivative work
To translate a book from English to Spanish the translator must obtain a license.
Sheila obtains a compulsory mechanical license to record the musical composition, Yakety Sax, which she performs on the kazoo. The publishing company that owns Yakety Sax threatens Goodwin within copyright infringement. If Sheila is sued for infringement, who will win?
Sheila because nothing in $115 of the Copyright Act prohibits compulsory license from being issued when the artist plays the song on a different instrument than which it was written.
Limitation on the distribution right as of $109(a) says "The owner of a particular copy or phono record lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord"
Referred to as the The First Sale Doctrine. This is why you can sell your own books or CDs on Craigslist or eBay without infringing the copyright.
Alice sings a popular song in a radio studio that broadcasts the song live which is heard by the radio audience and the studio audience. Rita, listening to the FM radio while she does chores at home, hears Alice's performance. How many public performances, if any, have occurred?
2 public 3 performances- the live rendition by Alice in the radio studio and the broadcast of the live performance.
The National Restaurant Association lobbied for what?
The "Fairness in Music Licensing Act"
-made restaurants 3750 square feet or smaller exempt from having to obtain public performance licenses from ASCAP, BMI, and SESAC.
In the case of Herbert v Shanley, the composer Victor Herbet sued a restaurant owner, Shanley, for copyright infringement. Stanley was playing live music while people were eating, without obtaining a license from Herbert. The court found that even though there was no "no cover charge", the restaurant was charging customers for the music: the charge was contained in the cost of the food. Why was the case important?
1. It established that playing music publicly without a license was infringement
2. It established that restaurant owners were charging for the music performed for their diners benefit.
What would the be the harshest penalty under the "Three Strikes and You're Out"
Would be loss of Internet access for some time or fines.
In the Grokster case the US Supreme Court ruled what?
Grokster and Streamiest were likely guilty of contributory copyright infringement by inducing and encouraging users of their software to infringe.
When the RIAA started suing individual file sharers, in one of the cases that was not settled, the defendant used the defense that the files she downloaded were downloaded so that she could listen to the files and determine whether she wanted to buy the tracks and that such use was fair use.
The court rules that the defendant was wrong; it was not fair use to "sample before buying"
T or F
Prior to its legal campaign against flashers, the RIAA indicated that it would be likely to refrain from suing filesharing companies would agree to adopt policies clerkly disclosing to their users that unauthorized uploading and downloading of copyrighted works is illegal.