Copyright Law Overview

These flashcards cover key concepts of copyright law, including definitions, historical legislation, and legal principles.

Copyright Act §102

Protects the expression of ideas in fixed tangible media without extending to methods of operation or systems of discovery.

Elements of Copyright

1) Fixed tangible medium of expression, 2) attribution to an author, 3) can be perceived, reproduced, or communicated.

Sources of Copyright Law

US Constitution (Article 1 §8 clause 8), 1976 US Copyright Act, Federal Court Decisions, Copyright Office.

Statute of Anne (1710)

The first modern copyright law established in England.

1976 Copyright Act

Updated US copyright law that included automatic protection for works fixed in tangible mediums.

Utilitarian Theory of Copyright

Claims copyright maximizes social welfare by encouraging creativity.

Democratic Theory of Copyright

Describes copyright as a means to promote free expression and cultural production.

Lockean Labor Theory

Claims that authors deserve ownership of their works as they mix their labor with their ideas.

Fixation Requirement

A work must be fixed in a permanent medium to qualify for copyright protection.

Originality in Copyright

A work must contain an element of originality to be protected under copyright law.

Derivative Works

Copyright protects the expression of original works, but ideas or methods may not be protected.

Exclusive Rights

Rights granted to authors that include reproduction, distribution, and the ability to create derivative works.

First Sale Doctrine

The copyright owner's distribution rights end with the first authorized sale of a copy.

Substantial Similarity Test

A legal test to determine if two works are substantially similar enough to constitute copyright infringement.

Joint Authorship

Requires contributions from multiple authors with intent to merge their contributions into a singular work.

Copyright Term Extension Act of 1998

Extended copyright protection by 20 years, altering the duration to life of the author plus 70 years.

Infringement of Rights

Occurs when someone violates the exclusive rights granted to a copyright holder.