Term
| What is the poor man's copyright? Is it a suitable substitute for registration? |
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Definition
| Mailing your work to yourself; NO |
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Term
| What are the benefits of registration? |
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Definition
| Able to sue; attorney fees; easy for someone to find; labeled the right and true owner of work |
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Term
| What is copyright notice? |
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Definition
| having the year, author, and (c) |
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Term
| What is different for sound recordings compared to copyright notice? |
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Definition
| (p) - which stands for phonorecord |
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Term
| List an example of a work for each category of protectable works |
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Definition
| Music works (song); sound recording (crickets), diagram (floor plan), choreography (A dance), two dimension works (ART), three dimension works (sculptures), literature (Book), non-dramatic works (poems), dramatic works (play) |
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Term
| How are the rights to sound recordings limited? Why? |
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Definition
| No performance rights/No De Minimus rights; The first person to record a sound would own that sound forever |
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Term
| What are the three performing rights agencies? Who do they pay royalties to? |
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Definition
| ASCAP,BMI,SESAC; Songwriter and Publisher |
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Term
| 15. What is the name of the major mechanical rights agency? Under what circumstances would an artist contact this agency? |
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Definition
| Harry Fox; To do a Cover Song |
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Term
| What is a compulsory license? |
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Definition
| The law that says you have to let someone cover your song |
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Term
| Under what circumstances can a publisher deny the Compulsory license? |
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Definition
| Same or similar work, already published, not known 30 days in advance, pay statutory rate |
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Term
| What must be proven to establish copyright infringement? |
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Definition
| Ownership and registration, Access to work, the two works are the same |
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Term
| What is the Lay Observer Test? |
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Definition
| When the jury decides whether the works are similar |
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Term
| What are the defenses to infringement? |
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Definition
| Unclean hands, Registration and ownership, Access to work, two works are the same or similar, fair use, statue of limitations, Laches |
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Term
| What are the remedies available for copyright infringement? |
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Definition
| Attorney fees and court costs, Actual damages or statutory damages, Injunction, Seizure and destruction of goods |
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Term
| This is available once you have proven in court that you’ve won |
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Definition
| Copyright infringement remedies |
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Term
| What is the statue of limitations for copyright infringement? |
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Definition
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Term
| What type of publisher typically handles administrative duties in house rather than outsourcing them? |
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Definition
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Term
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Definition
| When you put music with audio/video, only music |
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Term
| What are Grand Rights licenses? |
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Definition
| stage show, incorporates both music and Dialogue |
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Term
| What is the Merger Doctrine? Example? |
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Definition
| The copyrightable part has merged with its functionality; The computer keyboard/ Garbage can icon on computer |
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Term
| What type of license usually generates the most revenue? |
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Definition
| Performing Rights License |
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Term
| What sort of things must publishers consider when entering into foreign licensing deals? |
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Definition
| Local Laws, Jurisdiction, Taxes |
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Term
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Definition
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Term
| What do you have to do to prove access? |
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Definition
| If it’s popular, widely published (on the radio) |
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Term
| What is protectable by copyright on a CD? |
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Definition
| Artwork, lyrics, arrangement of songs, title, music, recordings |
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Term
| What was the problem with family guys "wish upon a jew"? |
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Definition
| Apparently used "wish upon a star" in a negative manner. But, was deemed fair use because it was a parody |
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