Exam I Study Guide

Chapter 1

What is copyright?

Difference between Liberty and justice as it applies to copyright.

What are the exclusive rights granted by Copyright?

What are some of the types of works that can be protected by copyright law?

What are the two broad categories of property?

What does real property protect?

What does personal property protect?

What does Intellectual Property law protect?

What are the The main categories of intellectual property?

What are The rights of the copyright owner?

Why do creators transfer ownership of their works to large corporations?

What is a patent?

What does patent law protect?

What is a Trademark?

What does Trademark law protect?

What is a Trade Secret?

What does a Trade Secret Protect?

Chapter 2

How were musicians and writers thought of before copyright during the first millennium?

How were musicians and writers paid before copyright during the first millennium?

After the invention of the printing press, what problems were created?

How were creators (writers and musicians paid) in the 17th Century?

What was the English Licensing Act and why was it created?

What is the Statute of Anne?

What was recognized by The Victoria Statutes?

When were the The Victoria Statutes?

When and in what state was the first copyright in the US?

The 1790 Copyright Act was limited to what?

How long did copyright last for works created under the 1790 Copyright Act?

What did the 1831 Copyright Act change?

What did the 1909 Copyright Act change?

Under the 1909 Copyright Act, how were unpublished works protected?

What did the 1972 Amendment to the 1909 Copyright Act do?

What are the main provisions of the 1976 Copyright Act?

Chapter 3

Do courts judge what is a good or bad work?

What are the 3 Basic Requirements for copyright?

What is Originality?

What is Expression?

What is Fixation?

What are two types of material objects that copyrighted works can be fixed in?

What are the eight specific categories of copyrightable works?

What does a musical work consist of?

Is Harmony copyrightable?

Is Rhythm copyrightable?

What is the difference between a musical work and a sound recording?

How is compilation defined in Section 101 of the Copyright Act?

What 3 elements are required elements are required in order to have a copyrightable compilation?

What is a collective work?

What is the public domain?

What is not Protected by Copyright?

Chapter 4

Difference between ownership and registration?

What are the requirements for joint ownership?

What is the Intent requirement?

What is Copyrightability of Individual Contributions?

What are the Rights and Duties of Joint Owners?

What is a work made for Hire?

What are the two categories of works made for hire?

What 3 factors have weighed the heaviest in court evaluations of employment?

What are the 9 categories specially ordered or commissioned works need to meet at least one criteria of?

What is transfer of Copyright ownership?

What are the 2 most common types of Transfers?

What is an assignment?

What is an exclusive license?

What is termination of Transfer?

Who can Terminate?

When Can the Termination Right Be Exercised?

What Must Be Done to Exercise the Termination Right?

Chapter 5

What are the Licenses for Different Uses of Music?

What does the Reproduction Right Provide?

What is a Compulsory Mechanical License?

Name the most popular Mechanical Royalty Licensing Agency.

What is the Audio Home Recording Act?

What is sampling?

Chapter 6

What is the derivative right?

What two requirements constitute a derivative work?

What are the types of derivatives works?

What is the Compulsory Mechanical License?

What is the distribution Right?

What are the penalties for record piracy?

What does RIAA stand for?

What does the RIAA do?

What are the limitations on the Distribution Right?

Chapter 7

Define performance as defined by the copyright act.

What is a PRO?

What are the three main responsibilities of a PRO?

Who obtains performance licenses?

What is the education exemption?

What is the Teach Act?

What are the main conditions imposed by the Teach Act?

Religious Services Section provides an exception for what?

The Nonprofit Performances of Nondramatic Literary or Musical Works Section 110(4) provides an exemption for what?

What are the four requirements that must be satisfied in order to fit within the Nonprofit Performances of Nondramatic Literary or Musical Works?

What is the the Homestyle Receiving Apparatus Exemption?

What are the 3 requirements necessary to fit within the Homestyle Receiving Apparatus Exemption?

What exemption does the Fairness in Music Licensing Act provide?

What are the three requirements that must be satisfied to fit within the Fairness in Music Licensing Act?

What exemption does the Retail Record Sales Section 110(7) provide?

In order to qualify for the Retail Record Sales exemption, the store must have what 4 qualities?

Why does the performance right of Section 106(4) does not apply to sound recordings?

What two basic changes to copyright law affecting the use of musical works did the Digital Performance Right in Sound Recordings Act create?

What is the Public Display Right?

What are the limitations of the Public Display Right?