Copyright Law Final

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51 Terms

1
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According to the court in Bridgeport Music Inc. v. UMG Recordings, 585 F.3d 267 (6th Cir. 2009), George Clinton's copyright in the song Atomic Dog does not extend to the repetitive use of the word Dawg on the tonic note, because the element was just a "mere abstract idea."

false

2
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The [a] of Plato's "intelligible" world are to the sensible world's [b] what copyright law's [c] are to its [d].

[a] forms
[b] ideas
[c] expression
[d] manifestation

3
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"Orginiality" means that a work of art has been independently created as opposed to being copied from someone else's expression.

true

4
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According to our discussion in class, does Aaron Tippin own a copyright in the title to his song If you Don't Stand for Something, You'll Fall for Anything?

no

5
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The basic requirements for copyright protection enumerated in Section 102(a) of the Copyright Act are best summarized in which of the following the sentences:

An original work of authorship expressed in a tangible medium of format.

6
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If Marissa writes a poem and gives it to her boyfriend and then he later composes a melody to the poem, what is the most important factor in determining whether she has a copyright in a literary work (the poem) or a musical composition?

Whether her intent at the time she wrote the poem was that it would be incorporated as lyrics in a song.

7
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The fact that there are only 7 basic notes in the musical scale limits the number of original musical works that can be created.

false

8
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Who said that ideas, like the air that we breathe, "should spread freely from one to another over the globe," and are therefore incapable of "stable property," i.e., ownership.

Thomas Jefferson

9
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James Madison designed the copyright construct to [a] benefit [b] by [c] benefiting [d].

[a] directly
[b] society
[c] indirectly
[d] the individual

10
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Justice [a] said that " Personality always contains something unique. It expresses its singularity even in handwriting, and a very modest grade of art has in it something irreducible, which is one man's alone."

[a] Oliver Wendell Holmes

11
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Based on the class lectures and your knowledge of the Copyright Act thus far, which of the following are examples of works that ARE NOT entitled to copyright protection?

A word or phrase
Parts numbers in a catalog of automotive parts
A song title

12
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The legal foundation for copyright, the Progress Clause, found in Article [a], Section [b], Clause [c] of the U.S. Constitution, which gives Congress the right to establish, for a limited time, exclusive rights to authors and inventors in their respective writings and discoveries.

[a] 1
[b] 8
[c] 8

13
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In order to determine if a work of art is entitled to copyright protection, the law considers whether a reasonable person would find the work aesthetically pleasing. Is that statement right or wrong?

wrong

14
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According to one 1944 Court, the lyrics and the melody of a musical composition should be treated individually for purposes of copyright.

false

15
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In Burrow-Giles Lithographic Co. v. Sarony, the Supreme Court states that the creative works of authorship that are entitled to protection are those based on the "fruits of intellectual labor embodied in the form of books, prints, engravings and the like." On what philosopher is this concept based?

John Locke

16
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The plaintiff in the Supreme Court case of [x] v. Ashcroft challenged the constitutionality of the [y] while the plaintiff in the case of [a] v. Holder challenged the constitutionality of the [b]

  • [X]Eldred
    [y] CTEA
    [a] Golan
    [b] URAA

17
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Is it a correct statement to say that "originality" as required by the Copyright Act requires a specific measure of novelty, ingenuity and/or aesthetic merit.

no

18
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Merger

An expression that is so close to an being an idea that it cannot be protected.

19
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Simultaneous Use of Ideas

The idea that two people in two different places/times can create expressions of ihe same idea that are similar, yet each would own a copyright in the expression provided that neither copied from the other.

20
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Idea/Expression Dichotomy

The theory codified in Section 102 of the .Copyright Act that states that ideas are not entitled to protection, but rather only an idea that has been clothed in original expression is protectable

21
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Abstraction

A method of determining what elements of a copyrighted work may be protected first proposed by Justice Learned Hand in which archeypical ideas are eliminated from each work and the remaining elements are compared.

22
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On a scale of 1-10 with 10 being the highest, what degree of creativity does the Supreme Court require for a work to be entitled to copyright protection?

1-2

23
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Feist Publications Inc. v. Rural Telephone Company, Inc.

Can facts be arranged in such a way as to warrant copyright protection?

24
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Eldred v. Ashcroft

Is life plus seventy years a "limited time" as that phrase is defined in the Progress Clause?

25
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Golan v. Holder

Does the Progress Clause allow Congress to remove certain works from the public domain?

26
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According to the class lectures, [x] 's painting of a black circle is a perfect example of [y].

[x] Malevich's
[y] merger

27
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[a] is a prerequisite and an integral component of orginality.

[a] independent creation

28
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Justices Stephens and Alito dissented from the majority in Eldred and Golan, respectively. In both cases, which of the following justices joined then, dissenting in both instances?

Justice Breyer

29
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A simple idea, absent any original expression, can be entitled to copyright protection.

false

30
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For copyright purposes, what are the four basic components of a musical composition?

Melody
Harmony
Lyrics
Rhythm

31
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Which of the following rights from Section 106 is the most basic right protected by, and the legal basis for most forms of exploitation of, copyrights.

Reproduction

32
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Is it correct to say that musical compositions do not possess the exclusive right of display?

no

33
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In Victor Herbert v. Shanley Co. , Justice Oliver Wendall Holmes ruled that:

Music is part of the total for which the public pays and the fact that the price of the whole is attributable to a particular item which those present are expected to order is not important.

34
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The U.S. fully implemented Section 6bis (regarding moral rights) of the 1971 Paris revision to the Berne Treaty when it signed off in 1989.

false

35
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Which of the following statements about performance rights organizations (SESAC, ASCAP, BMI) is not true?

They sign non-exclusive agreements with publishers and songwriters to license performances and collect fees from the licensees.

36
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A Vanderbilt exchange student from China imports Chinese translations of U.S. textbooks authorized by the publisher for sale in China. The student then sales them for a profit to other Chinese students at Vanderbilt. Is this a proper application of Section 109's first sale doctrine?

yes

37
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An Internet streaming radio services transmits a performance of The Eagles Hotel California to the public, but its analytics show that there was no one listening to the stream during most of the time that Hotel California was playing, except for one person who tuned in during the last 10 seconds of the song. Because the listener did not listen to a "substantial portion" of the song, the Internet streaming radio services IS NOT responsible for obtaining a performance license. Is the analysis right or wrong?

wrong

38
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A website buys and sells used MP3's under Section 109's legal doctrine of first use. Has the website infringed the copyright of both the sound recording and the musical composition?

yes

39
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A descendant of Monet creates a beautiful adaptation of his ancestor's classic impressionist piece, Sunrise. She sells the work of art to an enthusiast benefactor and fan of Monet. Five years later, the benefactor loans the new work of art to Frist in Nashville to be displayed publicly. The painter seeks an injunction in the Middle District Federal Court to prevent the new owner from displaying the work at the Frist. Will she win the injuction?

no

40
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Which of the following are NOT among the exclusive "bundle" of rights identified in 17 U.S.C. Section 106:

The right to protect the integrity of the work.
The right to perform a sound recording via retransmission to terrestrial radio stations.
The right to prevent others from defacing or destroying the work.
The right to perform a song to immediate friends and family.

41
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A singer performs a cover of the Lennon/McCartney composition, Let it Beat 3rd & Lindsley. Who is responsible for payment of a performance royalty for that performance?

The venue is solely responsible for obtaining a performance license from ASCAP, BMI and SESAC. The performer is not responsible.

42
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Which of the following statements are correct with regard to the Section 106 Bundle of Rights:

The rights overlap one another
The rights are cumulative
Each right and each subdivision of that right may be owned, transfered and enforced separately.
Each right may be subdivided infinitely.

43
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The Nashville Library has a vinyl recording of The Eagles' greatest hits album which it loans outs. It is so popular that the recording is becoming worn. The library finds another copy of the record in a used book store that is in perfect condition, and makes copies of the album in a digital, lossless format to prevent further degradation. The digital copies are only being made for archival purposes and will not be distributed through the Inter Library Loan system. Has the library violated the copyright owners' (the sound recording and the musical composition owners respectively) rights of reproduction and distribution?

No, because Section 108 gives libraries the right to make copies of a copyrighted work for both archival copies and for purposes of replacing an existing copy of a damaged work.

44
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An adaptation, or derivative work, is created when an author takes an existing copyright and adds material containing a new expression. Is this description of a derivative work right or wrong?

right

45
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When may the "useful articles" of a copyright structure, such as the windows in the building, be entitled to copyright protection?

When the original features of the useful article are capable of being identified separately from, and capable of existing independently of, the utilitarian aspects of the element.

46
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A mechanical license can never be obtained unless the copyright owner gives willing permission.

false

47
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Does Professor Shrum agree or disagree with the conclusion that Shepherd Fairy's Hope poster was a "transformative use" of Manny Garcia's photograph of then-Presidential candidate Obama?

agree

48
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Exercising one of the exclusive rights in Section 106 withoutthe permission of the copyright owner is referred to as [x], while exercising a right with permission is referred to as [y].

[x] infringement
[y] having a license

49
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You and your friends go to Buffalo Wild Wings to watch the NFL Sunday games. The big screens are all playing sound and airing the broadcasts of the games live. A Ford truck commercial comes on which plays Will Hoge's musical compositions, Strong, in the background. Does Buffalo Wild Wings need to get a license from Will Hoge and/or his publishing company to perform the song ?

Yes, because the term "perform" under Section 101 of the Copyright Act is defined as not only the original rendition of the musical compositions, but also any further actions that transmits or communicates that rendition to the general public.

50
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A street artist paints a mural on the side of a building on 12th South. A local photograph likes the mural, so he takes a photograph of the building that prominently features the painting and then duplicates and sells the photograph as postcards. Is the photographer violating the right of the street artist to display the work?

no

51
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Which of the following is NOT an example of a derivative work?

A "cocktail arrangement" of a public domain musical composition.