Copyright Law Questions and Answers
Subject matter of Copyright: In General §102 - answer Copyright protection subsists,
in accordance with this title, in
original works of authorship fixed in any tangible medium of expression, now known or
later developed, from which they can be perceived, reproduced or otherwise
communicated, either directly or with the aid of a machine or device...
i.literary works;
ii.musical works, including accompanying words;
iii.dramatic works, including accompanying music;
iv.pantomimes and choreographic works;
v.pictorial, graphic, or sculptural works;
vi.motions pictures and other audiovisual works;
vii.sound recordings; and
viii.architectural works.
Subject Matter of Copyright: Fixation §101 - answer "A work is 'fixed' in a tangible
medium of expression when its embodiment in a copy or phonorecord, by or under the
authority of the author, is sufficiently permanent or stable to permit it to be perceived,
reproduced, or otherwise communicated for a period of more than transitory duration."
Section 117: Limitations on exclusive rights-Computer Programs - answer allows the
owner of a copy of a computer program to make or
authorize the making of another copy without infringing copyright law, if it is an essential
step in the utilization of the computer program or if the new copy is for archival
purposes.
§1101(a) TRIP (regarding fixation/transmission of a live musical performance) - answer
prohibits the fixation or transmission of a live musical performance without the consent
of the performers, and also prohibits the reproduction or distribution of copies or
phonorecords of an unauthorized fixation of a live musical performance.
Subject Matter of Copyright: Originality Reqs - answer A work must be "original" to
be eligible for copyright protection
1.Must be independently created by the author;
2.Must contain a minimal degree of creativity;
a. More than merely trivial contribution.
3. Courts generally reluctant to judge the "originality" of a work.
What are the fundamental purposes of the idea/expression dichotomy? - answer
Two fundamental purposes:
a. Separating aspects that belong in the public domain versus those that deserve
protection;
,b. Boundary line between that which belongs in the realm of patent law and that which
belongs in the world of copyright
Section 102(b): Regarding idea/expression dichotomy - answer Comes from Section
102(b): In no case does copyright protection for an original work of authorship extend to
any idea, procedure, process, system, method of operation, concept, principle, or
discovery, regardless of the form in which it is described, explained, illustrated, or
embodied in such work.
Merger rule - answer Where the idea (or system, process) can effectively be
expressed in only one, or a limited number of, ways, allowing copyright would exhaust
all possibilities of future use of the substance, the subject matter is therefore not
copyrightable at all.
Section 202.1 Materials not subject to copyright - answer a.Words and short
phrases; familiar symbols or designs; mere
variations of typographic ornamentation; lettering or coloring;
mere listing of ingredients or contents;
b.Ideas, plans, methods, systems, or devices, as distinguished
from the particular manner in which they are expressed or
described in a writing;
c.Blank forms, such as time cards, graph paper, account books,
diaries, bank checks, scorecards, address books, report forms, order forms, and the
like, which are designed for recording information and do not themselves convey
information;
d.Works consisting entirely of information that is common property containing no original
authorship, such as, for example: standard calendars, height and weight charts, tape
measures and rulers, schedules of sporting events, and lists or tables taken from public
documents or other common sources;
e.Typeface as typeface.
f.Scenes a faire
§101 Derivative work - answer a derivative work is a work based upon one or more
preexisting works, such as translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art reproduction, abridgment,
condensation, or any other form in which a work may be recast, transformed, or
adapted. A work consisting of editorial revisions, annotations, elaborations, or other
modifications, which, as a whole, represent an original work of authorship is a derivative
work.
§103(a): SM in §102 - answer the subject matter of copyright as specified in §102
includes compilations and derivative works, but protection for a work employing
preexisting material in which copyright subsists does not extend to any part of the work
in which such material has been used unlawfully.
, §103(b): Compilation or derivative work - answer The copyright in a compilation or
derivative work extends only to the material contributed by the author of such work, as
distinguished from the preexisting material employed in the work, and does not imply
any exclusive right in the preexisting material.
The copyright in such
work is independent of, and does not affect or enlarge the scope duration, ownership, or
subsistence of, any copyright protection in the preexisting material.
a.Must be more than a mere copy;
b.Copyright protection should not be extended to miniscule
variations from underlying works
Two ways author can create derivative work: - answer a.based on something already
in the public domain; or
b.based on a copyrighted work.
i. Section 106(2) grants the owner of a copyright to prepare derivative works
Compilations §103 - answer a.A compilation is a work formed by the collection and
assembling
of preexisting materials or of data that are selected, coordinated, or arranged in such a
way that the resulting work as a whole constitutes an original work of authorship. The
term compilation includes collective works.
b.Collective work is a work, such as a periodical issue, anthology, or encyclopedia, in
which a number of contributions, constituting separate and independent works in
themselves, are assembled into a collective whole.
Copyright rewards _____, not ______. - answer COPYRIGHT REWARDS
ORIGINALITY NOT EFFORT
Can have originality either in the ____ or the ____ of the facts in the compilation -
answer Can have originality either in the selection or the arrangement of the
facts in the compilation
a. Arrangement- how else are you going to arrange the white pages
in the white pages other than alphabetically by surname
What part of the work is considered when determining the originality of the compilation?
- answer The work as a whole is considered when determining the originality of the
compilation. (Roth Greeting Cards: "the total concept and feel" of two cards are the
same and infringement found; Atari Games: arrangement of geometric shapes may be
indicative of authorship)
§201(a) Initial Ownership - answer copyright in a work protected under this title
vests initially in the author or authors of the work. The authors of a joint
work are co-owners of copyright in the work.
