EIP 2 FINAL

Big Music Publisher owns the copyright in a song and grants licenses to various parties to reproduce and distribute the song on records in the US. The songwriter terminates the transfer. After the effective date of termination, who will collect the royalties generated from these licenses?

Big Music Publisher

T/F Termination of transfer under US copyright law does not affect rights outside the US.

True

T/F There is a five year window within which the effective date of termination must occur.

True

T/F After the effective date of termination, the original owner (the party whose rights were terminated) will retain all rights in derivative works created under the terms of the grant.

True

Big Music Publisher owns the copyright in a song and grants licenses to various parties to create translations of the song in the US. The songwriter terminates the transfer. After the effective date of termination, who will license new uses of the song in the US?

The Songwriter

T/F After the effective date of termination, the person terminating the transfer will own the copyright in the entire world.

False

T/F Pre-78 works are also subject to termination of transfer.

True

T/F After the effective date of termination, the person terminating the transfer will own the copyright in the US only.

True

In order to terminate the transfer for a work for hire, the author must

You can't terminate a work for hire LOL

T/F After the effective date of termination, the original owner (the party whose rights were terminated) will not retain any rights in the work.

False

T/F The owner of only one of the exclusive rights in a copyright cannot register the copyright.

False

Sony/ATV, Warner/Chappell and Universal Music each co-own the same song on the new Pink album. How many copyright registrations should this song have according to the regulations.

1

When submitting the deposit copies for registration of a published work, the copies should be

The best published version

T/F In Roberts v. Gordy the plaintiff had provided three (3) different copyright certificates

True

T/F Registration is a requirement for copyright ownership.

False

Which of the following would qualify an applicant for special handling of a copyright registration

Pending litigation

Contract deadlines

Customs matters

All of the above

All of the above

Mandatory deposit requires a copyright owner to deposit how many copies of a published work

2

T/F The Copyright Office is part of the Library of Congress.

True

T/F The Register of Copyrights is appointed by the President of the United States.

False

T/F Many other countries have something very similar to the US copyright registration system.

False

T/F Reproduction of a nondramatic literary work in specialized formats for the blind is not an infringement of a copyright owner's rights.

True

Section 115 compulsory licenses are available for

Compact discs

Permanent downloads

Interactive streaming

All of the above

All of the above

The section 115 compulsory license (reproduction and distribution of certain musical works on phonorecords) is available for which type(s) of works?

All musical compositions and sound recordings

Dramatic musical compositions

Non-dramatic musical compositions

All musical compositions

Non-dramatic musical compositions

T/F Compulsory licenses are available for the reproduction and distribution of dramatic musical compositions.

False

T/F Compulsory licenses are available for the reproduction and distribution of literary works.

False

The notice of intent to obtain a compulsory license must be sent

Prior to recording or within 30 days of recording

Prior to release of the recording

Notice...what notice?

Prior to recording or within 30 days of recording and prior to release

Prior to recording or within 30 days of recording and prior to release

Under a compulsory license, accountings must be made

Weekly

Quarterly

Daily

Monthly

Monthly

If a copyright owner wants to deny a compulsory license it must

Include such information on the copyright registration

File a lawsuit

Send a notice of denial within 10 days of receipt of the notice of intent

What part of "compulsory" do you not understand? A compulsory license cannot be denied by the copyright owner.

What part of "compulsory" do you not understand? A compulsory license cannot be denied by the copyright owner.

T/F The Copyright Act limits some of the exclusive rights of a copyright owner.

True

T/F Compulsory licenses are available for the public performance of sound recordings by non-interactive digital audio transmission.

True

T/F New York's law includes an exception for managers such that, if procurement of employment is only incidental to the management duties, then the manager has not violated the law.

False

T/F SAG-AFTRA requires its members to work with franchised managers.

True

T/F SAG-AFTRA franchised agents cannot charge more than 20%.

False

T/F Managers owe their clients a fiduciary duty.

True

T/F The manager's fiduciary duty begins only after the written management agreement is signed by both parties.

False

T/F The manager's fiduciary duty must be written into the management agreement, otherwise, it does not exist.

False

T/F Generally, a record label owes an artist a fiduciary duty.

False

T/F Generally, a music publisher owes a songwriter a fiduciary duty.

False

T/F California law does not include an exception for managers procuring employment.

True

T/F Some states require agents to be licensed as employment agencies.

True

T/F YouTube is required to remove material if they have actual knowledge the material is infringing.

True

T/F The plaintiff can prove copying using circumstantial evidence

True

T/F Online service providers are required to monitor the content that third parties (users) put on their service.

True

T/F If a takedown notice does not substantially comply with the applicable regulations, the service provided must still comply with the takedown notice.

True

T/F Copyright owner's must consider whether a use qualifies as a fair use before sending a take down notice.

True

T/F Proof of copying always means there is copyright infringement.

False

T/F A third party can never be liable for copyright infringement.

False

T/F Copyright infringement is the unauthorized exploitation of one or more of the copyright owner's exclusive rights

True

T/F A copyright owner can send a takedown notice to an online service provider if the owner's copyrights are being infringed by material on the service provider's site.

True

T/F A copyright owner can force an ISP to identify the infringing user.

True

T/F Remedies at law means money damages.

True

T/F Permanent injunctions are permanent.

True

T/F The party seeking an injunction will have to prove there are no adequate remedies at law.

True

T/F A preliminary injunction is temporary.

True

T/F Specific performance is when a court orders a party to do what they agreed to do in a contract.

True

T/F There is more than one type of injunction.

True

T/F The party seeking an injunction will have to prove they will suffer irreparable harm if the injunction is not issued.

True

T/F The "equitable remedies" provisions in artist agreements are sometimes worded so that the artist is agreeing to everything the record label would have to prove in order to obtain an injunction.

True

T/F Specific performance is generally not granted in personal services contracts.

True

T/F In California, a party to a lawsuit related to a personal services agreement can get an injunction if the other party is receiving a minimum amount of compensation.

False

T/F Lying on the copyright application is fraud on the Copyright Office.

True

T/F Fair use started as common law (judge-made law from the cases).

True

T/F The defense of laches simply means the plaintiff waited too long to bring the lawsuit.

True

T/F Claiming to be an innocent infringer is a defense to copyright infringement.

False

T/F Independent creation is a defense to copyright infringement.

True

T/F The statute of limitations for a civil lawsuit for copyright infringement is 5 years.

False it's 3

T/F The fair use provision in the 1976 Act includes 4 factors that the court must consider.

True

T/F The defense of abandonment requires the copyright owner to take overt action to abandon the copyright.

True

T/F Fair use was first codified in the 1976 Act.

True

T/F If the copyright in your song was infringed 7 years ago, but the infringing song was downloaded yesterday you are still barred from bringing a lawsuit.

False

T/F Using a celebrity's voice in a commercial without permission is a violation of the celebrity's right of publicity.

True

T/F The publisher typically pays the cost associated with licensing any third party content included in the book.

True

T/F Under a book publishing agreement, the author is responsible for clearing the rights for any material owned by third parties and included in the book.

False

T/F Tennessee's right of publicity can potentially continue forever.

True

T/F Some states have no right of publicity laws.

True

T/F The US has a federal right of publicity law.

False

T/F Copyright law will always take precedence over right of publicity law.

False

T/F All of the states have similar right of publicity laws.

False

T/F Advertisements are commercial speech.

True

T/F Book publishing agreements typically require the author to assign the copyright in the book to the publisher.

True