Copyright

Which of the following is most correct about copyright?

(a) copyright exists upon fixation of an original work in a tangible medium, but no damages for infringement will accrue until the copyright is registered

(b) although registration is a prerequisite to commencing an infringement action, there is no other effect for failing to register a copyright promptly

(c) copyright includes the right to prepare derivative works based on the copyrighted work

(d) Federal copyright does not exist for unpublished works

(c) copyright includes the right to prepare derivative works based on the copyrighted work

X composes a song. She authorizes Y to arrange it for small combo and alto singer. X and Y authorize Z and her band to privately record their performance of Y's arrangement in a recording studio. X and Y contract with the studio that the performance copyright in the sound recording will belong to Z. A later reproduces the recording electronically without any permissions. Which of the following is most correct:,

(a) A is infringing Y's copyright and Z's copyright recording

(b) A is infringing only Z's copyright

(c) A is infringing X's, Y's, and Z's copyrights

(d) There is no infringement

(c) A is infringing X's, Y's, and Z's copyrights.

G writes a book about the Clinton administration, revealing previously unknown facts about certain well known congressmen. The book is published with a copyright notice. After the book is published, H without permission takes excerpts from the book and collects them into an abridgement that is much easier to read. The abridgement sells many copies, and sales of the lengthy original book fall off. Which of the following is the most correct statement:

(a) H has copyright in a derivative work

(b) H's abridgement is likely to be held a fair use of the original book, because the original book and the abridgement are about famous public figures

(c) H's abridgement is not likely to be held a fair use of the original book

(d) G has no copyright because his book is about public office-holders and what they did, so there is no originality

(c) H's abridgement is not likely to be held a fair use of the original book

Which of the following statements is most incorrect?

(a) Statue made in 2024 of General George Washington, if original, is copyrighted, and it would be an infringement to reproduce a version of the sculpture having depressions in the head, for use as a candlestick holder

(b) public performance of a copyrighted musical work is usually an infringement, even if the performance is not for profit

(c) broadcasting a copyrighted musical work without a license from the composer-copyright holder is normally a public performance type of infringement

(d) computer software is within copyright subject matter, by settled law

(d) computer software is within copyright subject matter, by settled law

R composes a symphony. He authorizes the Houston Symphony Orchestra, to record it live and distribute the records in the U.S., and the orchestra does so. Which of the following statements most correctly sets forth the legal situation?

(a) If S, an ordinary citizen, purchases a CD of the Houston Symphony's rendition, S has a compulsory license to duplicate the recording mechanically and distribute the duplicate copies, provided she complies with the notice and royalty formalities

(b) If S, a restaurant owner, lawfully purchases a CD of the Houston Symphony's rendition, S has no copyright liability for playing the CD at her restaurant while customers are there.

(e) If S believes she can interpret a symphony better than the Houston Symphony has done, S has a compulsory license that will allow her to conduct the work live in a publicly attended concert with the Philadelphia Orchestra, record her rendition, and sell the records, provided she complies with the notice and royalty formalities, all without incurring any liability for copyright infringement.

(d) All of the foregoing statements are wrong

(d) All of the foregoing statements are wrong

Answer (a) for True or (b) for False: A young artist makes a watercolor version of a public-domain [i.e., very old] oil painting hanging in the Houston Museum of Fine Art. A second young artist, seeing what the first is doing, thinks it is a fine idea, sets up an easel near the same public-domain oil painting, studies the public-domain painting by viewing it from the same angle the first young artist had chosen, and makes a watercolor version of the old painting that turns out to be quite similar to the watercolor of the first young artist. The first young artist has a cause of action for copyright infringement.

(b) False

Answer (a) for True or (b) for False: Under the facts of the immediately preceding question, the painter of the old oil painting, or his estate, has a cause of action for copyright infringement against the first young artist for making the watercolor version.

(b) False

X Corp is a high-tech manufacturer and vendor of electronic equipment. X Corp is in need of an updated advertisement for its products, but has no one on its staff who has the time and capability to write such an ad. X Corp contracts with an outside engineering writer E to study X Corp's products and draft the advertisement. This effort will be funded entirely by X Corp, and by agreement will occur over the next three months. The work is completed and the first 500 copies of the ad are printed by X Corp. Who, if anyone, owns the copyright on the ad?

(a) Since this is a work made for hire, X Corp owns the copyright

(b) A writing produced this way cannot be a work made for hire

(c) Whether this writing is a work made for hire depends on the language of the agreement between X Corp and E

(d) The writing is a work made for hire for the first 35 years after its creation, but then it ceases to be such a work

(b) A writing produced this way cannot be a work made for hire

Copyright owner C assigns his copyright to A, in writing, for a valuable consideration paid in cash. Which is most correct?

(a) C cannot revoke the assignment

(b) C can, with proper notification, revoke the assignment provided she waits at least 35 years from the assignment date to effect the revocation

(c) C can revoke the assignment at any time, provided she refunds the full consideration paid by A, plus interest

(d) C can revoke the assignment at any time after 35 years, provided she gives the required notice of termination

(b) C can, with proper notification, revoke the assignment provided she waits at least 35 years from the assignment date to effect the revocation

Answer (a) for True or (b) for False: For a book that is still under copyright, a voluntary license, signed by the copyright owner, for the licensee to make 50 copies of the book can be terminated for no reason, provided the time and notice constraints of the statute are observed.

(a) True

An invited speaker gives an impromptu, unrecorded speech at a Fourth-of-July picnic. Over 300 picnickers attend to hear the speech. Four or five attenders are press reporters, and they take notes on the speech so they can write or speak about it in their news media. Answer (a) for True or (b) for False: The speaker has copyright on his speech.

(b) False

An employee of the U.S. Commerce Department is asked by her supervisor to write a memorandum on a commerce subject. She writes and saves the memo on her personal computer, and delivers it electronically to the supervisor. Which is most correct:

(a) There is no copyright on this work

(b) This is a work made for hire, and the copyright on this work belongs to the federal government as author

(c) There is a copyright on this work, and it belongs to the employee as author, unless her employment agreement states that it must be assigned to the federal government

(a) There is no copyright on this work

Answer (a) for True or (b) for False: Student notes based on what a professor, says in a law school class and recorded by the student result in a copyright belonging to the student.

(a) True