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MEJO 341 Final exam Questions with Verified Answers
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MEJO 341 Final exam Questions with Verified Answers
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MEJO 341 Final exam Questions with VerifiedAnswers
What is a work for hire? - ✔✔Work made for hire: work created when working for another
person or company. The copyright in a work made for the hire belongs to the employer, not the
creator
Works for hire have 120 years from date of creation or 95 years from the publication date,
whichever is shorter (as opposed to life of author plus 70 years for regular ownership)
Freelancers usually considered individual; contract must specifically cover online publications
What are some factors in determining that a work for hire has been created? - ✔✔Produced
within the "scope of employment"
"Specially ordered or commissioned" under contract
Key Case: Community for Creative Non-Violence v. Reid (not in the list of cases that will be
mentioned by name on it)
1) who controls how the work is done
2) who provides and controls the materials used
3) where work takes place
4) who sets hours and parameters of work
5) extent of relationship
6) other assistants and workers? Whose employee?
Registration for Copyright - ✔✔Is it required? No
,What are the advantages? You can't sue for copyright infringement of work unless it is
registered with US Copyright Office
Non-Copyrightable Works - ✔✔1. Ideas
2. Facts/Procedures/Processes - except for original/unique compilations of facts
3. Social dance moves
4. Formats/Layouts/Fonts
5. Works Created by the US Government - Employees can own works created on own time and
3rd parties might own works created under contract
How long does copyright last? What is the scope of Congress's authority to extend the term of
copyright protection? - ✔✔Life of author plus 70 years, or if jointly authored, life of surviving
author plus 70 years
Eldred v. Ashcroft (CASE) - ✔✔Congress acted within its authority and did not transgress
constitutional limitations in placing existing and future copyrights in parity in the CTEA.
Disagreeing with the argument that a copyright once set is fixed, the majority found that the
CTEA "continues the unbroken congressional practice of treating future and existing copyrights
in parity for term extension purposes," and is a permissible exercise of Congress's power under
the Copyright Clause. Moreover, the Court held that the CTEA's extension of existing and future
copyrights does not violate the First Amendment. Justices John Paul Stevens and Stephen G.
Breyer dissented, arguing that the CTEA amounted to a grant of perpetual copyright that
undermined public interests.
What is the bundle of copyright rights? - ✔✔1. Copy/Reproduce
2. Distribute
3. Derivative Works
4. Display
5. Perform
6. Moral rights
, What is the first sale doctrine? - ✔✔it allows someone to buy a copyrighted work, like a
book, and allow them to sell, display, or otherwise dispose of the work
This allows there to be used bookstores (does not apply to each individual article sold)
There is not yet a digital first sale doctrine, but probably will be
NYT vs. Tasini (CASE) - ✔✔The plaintiffs were freelance authors who sold individual works to
NYT publications. After the original sales, NYT licensed the works to LexisNexis, without
authors' permission, for use in its new database. Court says LexisNexis owns copyright in the
creative aspects of the database. Authors own copyright in the underlying works. The copyright
act protects freelance writers from unauthorized use of their works in subsequent collective
works. Tasini wins 7-2
Faulkner v. National Geographic (CASE) - ✔✔Plaintiffs were freelance photographers who
sold individual photographic works to Nat Geo. Nat Geo published "The Complete Nat Geo," a
digital collection of all issues of the magazine. Court ruled the new iteration of the magazines in
the form of The Complete National Geographic duplicates the original and constitutes a
privileges revision.
Moral rights - ✔✔Visual Artists Rights Act, attribution and integrity rights for authors of
visual works, this means original artist is allowed to demand attribution no matter who the
owner of the copyright and/or the physical work `
Copyright Infringement defined - ✔✔The unauthorized manufacture, sale or distribution of
an item protected by copyright, patent or trademark law.
How do you prove copyright infringement? - ✔✔Plaintiff must prove
1. Work used is protected by valid copyright
2. Plaintiff owns the copyright
3. The valid copyright is registered with the copyright office
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