COPYRIGHT LAW FINAL (MBU 2520)

In the Supreme Court Grokster case, US Supreme Court ruled...

B. Grokster and Streamcast were likely guilty of contributory CR infringement by including and encouraging users of their software to infringe.

When a music file is downloaded it involves how many exclusive rights?

A. One

Which of the following is NOT an example of a reproduction

C. A Music file is streamed from a website to a listener

A music lover buys a CD at a store. She listens to the CD, then grows tired of it. Using a ripper software, she converts the tracks on the CD to MP3 files on her computer

E. None of the Above

A website that allows users to download from a choice of many CRed musical compositions and sound recording in PUBLIC DOMAIN with authors listed would have to obtain at least the following licenses: mechanical licenses for the reproduction of musical compositions from the Harry Fox Agency or individual publishers and licenses for the reproduction and performance of the sound recordings from SoundExchange and the sound recording CR owners?

B. False

what happens to foreign works published in the US before March 1, 1989?

C. Protected by the UCC (1955)

The Berne Convention does not include sound recordings as protected works.

A. True

Two of the most important of the minimum standards required by the Berne Convention are...

C. Duration of Copyright protection for the life of the author, plus 50 years and fair use for education and news reporting

The DMCA specifies four types of conduct for which an online service provider is not subject to damages or other monetary relief. They are: Transitory communications, Hosting at the Direction of Users, Information Location Tools and.....

B. System Caching

in order to fit any of the four categories, a service provider must satsify two conditions:

1 Must adopt and reasonably implement a policy of terminating the accounts of subscribers who are repeat infringer and

2 it must accommodate and not interfere with technical measures that CR owners use to identify or protect CRed works

A. True

Ultimately Napster won the lawsuit and that's why we have companies like Spotify.

B FALSE. (There was no lawsuit)

After Grokster case the RIAA went after individuals for illegal file sharing

A. True

RIAA filed over 18,000 lawsuits from ages 12-71

A. True

Which one of the following federal statutes provides for criminal prosecution even if no financial profit or commercial advantage is derived from a CR infringement?

D. No Electronic Theft Act

Downloads implicate a public performance right.

B. FALSE (Public performance rights implicates STREAMING. not downloading)

courts agree that the distribution right is infringed when you make copies of a work available through internet transmission.

A. True

The RIAA vs. The People lawsuits were suing normal citizens to...

B. send a message to illegal filesharers

Considering the entire course, what companies like Spotify have figured out is that the average person values owning music.

B. False

Is it possible for someone to infringe you song CR without taking possession of it, without taking possession of any physical object and quite possibly without your awareness of the infringement?

A. Yes

Ralph wrote a song called "Girls." Rick wrote a song called "Love." Neither Ralph or Rick ever saw or heard the other's work but both chorus sounded like a song in public domain. Can either man sue the other for infringement if only the choruses are the same?

B. No

In order to prove copyright infringement, a CR owner must prove...

E. Ownership of CR and copying of a CR work.

An assignment of CR and an exclusive licence are both:

A. Types of CR transfers (Exclusive licence is what you would do once you died and you transfer the license to a family member)

The three types of coercive remedies are impoundment, destruction, and ______

D. Injunction

Normally in the prosecution of a CR infringement claim, the first step taken by the CR owner is...

C. to send a cease and desist letter to the defendant demanding the infringer stop.

In order to prove an infringement claim must prove a) copying of work by the infringer and b) ______.

B. Ownership of a valid copyright by the CR owners

Apple ran a flea market where independent vendors set up booths to sell CDs as well as other items. Fantastic (record company) sued Apple alleging that many of the CDs sold were unauthorized copies of its copyrighted recordings. It was held that the individual vendors were direct infringers, but was Apple liable?

C. yes because apple controlled and patrolled the vendors during the market

NBC people were talking about Snoopy on Thxgiving day parade. Behind Snoopy, a band was playing a popular CRed song. NBC commented on the song in a later newscast in which they played clips from the song using the Snoopy footage. Could the writer of the song sue NBC for copyright infringement?

D. NBC's use will likely be held to be a fair use under US copyright law

Most fair use cases turn out in favor of the user provided the user uses no more than __% of the CR owner's work.

E. None of the above

_____ involves the use of a CRed work in order to comment on or make fun of something other than the CRed work.

B. Satire

If a defendant is guilty of willful conduct in committing the infringement, the court can increase statutory damages up to

D. $150,000

Under 504 (c)(1) the general range of statutory damages is:

C. $750-$30,000

The term "poor man's copyright" refers to....

E. an inexpensive but inferior alternative to CR registration

In order to prove CR infringement through indirect or circumstantial evidence, a CR owner must prove:

C. both access and substantial similarity

Quoting a few lines of lyrics in a record review in Rolling Stone magazine would likely be considered fair use as criticism and commentary.

A. True

You can be liable for CR infringement even if you are unaware that you are infringing.

A. True

A political candidate can always use Fair Use when using music in campaigns

B. False

WEIRD Al Yankovic's music may NOT be considered parodies because they focus on the singer and society at large and not the song itself.

A. True

The courts have recognized "subconscious infringement"

as an exception and it is excused in certain infringement cases because it is not intentional.

B. False

Generally if you win an infringement case, you can only recover the damages or profits that were earned within 5 years before the lawsuit.

B. False (it's three years)

It is permissible to use up to 6 measures of music from a CRed song to avoid infringement. It is known as the 6-bar rule exception.

B. False

You only have 6 years from the reasonable discovery of infringement to file a CR infringement case

B. False

In the 2 Live Crew case with Roy Orbision the court rejected the idea that the commercial purpose of a use automatically makes the use unfair. This rule is...

A. True

If a department store leased floor space to a third party and that third party sold bootleg CDs without the knowledge of the department store, that store CAN NOT be found liable for the infringing activity.

B. False

In an infringement case that issues an injunction, a court can not make an attest discontinue sales or take back unsold copies from both retailers and distributors.

B. False

If you have 5 infringing songs on one CD, which is true?

C. You are liable for five statutory damages awards. One for each work infringed.

A hotel in Vegas hired a band to perform a JAmes Brown review. The hotel did not get permission to do so. James Brown sues the band and hotel. The review generated $500,000 and the hotel saw sales of $400,000. What could James Brown potentially win if he wins the case?

C. $900,000. James should expect to win $500,000 because that is what the review generated by playing his songs and the profits of the hotel who indirectly profited from the review being at the hotel

Not all commercial use will be unfair and not all nonprofit use with be fair.

A. TRUEEE

One defense to CR infringement is being unaware that you copied. So if you don't realize your actions, you can NOT be held liable

B. False

De Minimis is a good defense to infringement because of the clear rules on how much can be copied, and courts tend to be quite liberal in applying the de minims defense.

B. False

The more transformative a work, the less likely it will be fair use ...

B. False

The more you have copied, the less likely your use will be fair use.

A. True

You cannot bring a CR infringement case unless you work is registered with the CR office.

A. True

You do not have to have your work registered to collect mechanical royalties; you just need to have it published.

B. False

A court will assume all of the following information contained in a CR registration is valid if...

D. You register the work within five years of publication.

If four members of a band co-write a song all members are required to register the CR or its invalid

B. False

The fastest and least expensive way to submit a CR application is:

B. Electronic registration

Which of the following organizations would be likely to be involved in exploiting a CR owner's performance rights?

A. BMI

The right to prepare derivative works of a CR-protected work is found in section 106 of the US CR Act.

A. True

Can Alice get a compulsory license for her Musak recordings of Annie Get Your Gun?

B. NO because you don't get compulsory licenses for musicals; you get a mechanical

Tom is an up and coming soul artst who tours and sells his recording to fans after shows. Post-tour...... Can he expect to be granted compulsory license from the publishers of the songs recorded?

D. No because Tom failed to request the license within 30 days of recording the songs and before public distribution

The statutory royalty rate for a DPD is...

C. $0.0091

The definition of a controlled composition clause is:

A. a contract clause that guarantees the record company that it will be able to obtain mechanical licenses for any songs written, owned, or controlled by the artists at reduced rates.

Jose moves to the US and wants to translate John Grisham's books into Spanish to sell translated copies. Can Jose do this without infringing?

D. No, bc such a translation would be a derivative work and would require a license from the author.

Which of the following is a function of the US CR Office?

D. Conducting searches of the CR office indexing and record.

A limitation on the distribution rights tis listed in 109(a) of the US CR as follows: "... the owner of a. particular copy lawfully made under this title, or any person authorized by such owners, is entitle, without the authority of the CR owner to sell or otherwise dispose of the possession of that copy." What is this?

A. First Sale Doctrine

which of the following organizations lobbied in favor of the "Fairness in Music Licensing Act"?

C. National Restaurant association

Eldred v. Ashcroft is a Supreme Court case that decide whether the Sonny Bono Term Extension Act was constitutional

A. True

the CR Renewal act of 1992 amended the law and made renewal automatic for which of the following works?

D. Works created from 1964 to 1977

If a work is created as a work for fire in 1990, the termination of transfer by the work's author will occur in ________.

E. None of the above.

Lisa wrote a song in 1961 that was not published. Lisa died in 1985. The CR protection for Lisa's song with expire in which year?

A. 2055

Record labels and artist have advocated in the past years to have a performance royalty created for terrestrial radio?

A. True (labels want this so they can get paid)

If i legally purchased a CD can I make copies and GIVE them to my friends?

B. False

If i legally purchase a CD I can SELL the CD to anyone I want for whatever price I want?

A. True

If I sell a CD I bought legally, I am obligated to sent the CR owner their fair share of the sale?

B. False

Similar to public performance right, the CR owner's exclusive right to display his work is limited?

A. True

only 20% of works published before 1978 were renewed.

A. True