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Flashcards in Test 1 (1-4) Deck (97)
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1

Copyright

A form of property ownership for certain types of artistic and creative works

2

Two categories of property

1. Real property
2. Personal property

3

Real Property

Protects land or things that are built on land (houses and buildings)

4

Personal Property

Everything that can be owned other than real property (a car)

5

Intellectual Property

Products of the mind (copyrights, patents, trademarks)

6

What property has copyright protection?

Intangible property- cannot be possessed by anyone but can be owned

7

Can you posses a song?

No, but you can own one

8

How are copyrighted works embodied?

Physical objects, which can be possessed (Sheet music, mp3, tape, recording)

9

How many people can infringe on a copyright at a time?

More than 1 person

10

How did copyright originally work?

It involved only the right to copy literary works and applied only to printed material

11

5 rights

Reproduce, Adapt, Distribute, Publicly perform, Publicly display

12

License

How permission to use a work is granted- an agreement or contract stating how the work may be used and what compensation the copyright owner will be paid for allowing the use

13

Royalties

The compensation paid to a copyright owner under a license- a percentage of the price paid for the use

14

Act of possession

The way most property rights arose

15

What happens when the work is open to the public?

It is free for their use

16

The author

Decides if the works should be made available

17

Is copyright and unlimited right?

No, but it has limitations

18

Fair Use Defense

Allows people copyrighted works without permission and without paying for their use in certain circumstances, thereby preventing copyright from acting as a deterrent to free speech

19

Author's right

A morally entitled to control and exploit the products of the author's intellect
(Advocate for this right- John Locke)

20

Utilitarian's right

To encourage the widest possible production and availability of artistic works

21

What is copyrights justification?

It is necessary to ensure that creators have sufficient incentives

22

Are intellectual property rights absolute?

NO

23

What kind of monopoly is copyright?

Limited monopoly granted for a specific period of time

24

Public Domain

What all copyrighted works eventually fall under

25

Copyright limitations

-Original works of authorship
-Protects only expression, not ideas
-Certain uses of copyrighted works are permitted without the copyright owners consent

26

What is a criticism that is aimed to copyright law?

That is does not really provide much incentive for authors to create

27

What is the balancing done in copyright law?

Providing sufficient incentives to authors to create works while assuring that the public can have access to those works

28

What is the goal of copyright?

To assure the greatest possible production and availability of creative works

29

What is copyright law based upon?

The utilitarian philosophy

30

US Free Markets System vs other countries

US- profits are the just reward
Other- profits should be shared within society