Flashcards
Media Law test 3 Chapter 14
Cards in this deck (24)
- 1What does copyright deal with?An area of law that deals with intangible property
- 2A ___________is a right granted to the owner of an invention to prevent others from making, using, importing or selling the invention without his permission. Give the inventor a monopoly on selling the product for 20 yearsPatent
- 3What is protected by Trademark?product names, advertising slogans, movie and book titles and cartoon characters
- 4. First copyright law was in ____, with major revisions in _____ and _______.1790; 1909; 1976
- 5The__________________gives to the author, or the owner of the __________, the sole and exclusive right to reproduce the copyrighted work in any form for any reasonlaw of copyright; copyright
- 6What are the three kinds of patents?Patents on inventions with utility
Patents on designs
Patents that protect plants - 7What does copyright deal with?An area of law that deals with intangible property
- 8What are the six exclusive rights for a copyright owner?-Reproduce the work
-Prepare and create derivative works
-Publicly distribute the work
-Publicly perform the work
-Publicly display the work
-Publicly perform a digital sound recording - 9What items can be copyrighted?• Literary or musical works
• Dramatic works, including accompanying music
• Pantomimes and choreographic works
• Pictorial, graphic and sculptural works
• Motion pictures
• Sound recordings - 10What is duration of copyright for a person?Works created after 1978 are protected by copyright for the life of the author or creator plus 70 years
- 11In 1998 Congress adopted the Sonny Bono Copyright Extension Act, adding __ more years to the protection of a copyrighted work20
- 12What is the duration for a corporation?95 years after publication
- 13Copyright symbol no longer _______, but a good _______required; good idea
- 14_____________________________ made the symbol unnecessaryBerne Convention (1989)
- 15Copyright goes into effect when your original work is put into a ________________. However, legal rights begin when you ___________ your copyrighted material with the government.tangible medium; register
- 16How do you register copyright material?Federal Copyright office
- 17________________: -You can use the work without being held liable -Permits limited copying of an original creation that has been properly copyrighted and has not yet fallen into the public domainFair use
- 18What are the criteria used to determine fair use?1. The purpose and character of the use
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use on the potential market for or value of the copyrighted work - 19____________________________________: • Brief—under 1,000 words • Spontaneous, with no time to get permission • Not occur more than 9 times a term, with limited copying from a single author • Labeled with a copyright notice • Used in a way that does not substitute for the original work and costs a student no more than the actual copyingEducational fair use guidelines under the purpose and character of use criteria of fair use
- 20What are the 4 questions courts typically ask when determining the nature of the copyrighted work?1. Is the copyrighted work still available?
2. Is the copyrighted work a consumable work?
3. Is the work an informational work or a creative work?
4. Is the work published or unpublished? - 21What are the five possible rights for free-lancers?1. All rights—ownership of the complete story or photograph
2. First serial rights—the right to use the piece for the first time in a publication
3. First North American rights—the right to use the piece for the first time in a North American publication
4. Simultaneous rights—the right to print the material at the same time as other publishers
5. One-time rights—the right to use a piece just one time - 22What damages or remedies can be sought for copyright infringement?• Ask the court to assess the defendant for any damage they have suffered
• Ask for the reimbursement of profits made by the infringer from pirating the protected work
• Receive statutory damages - damage amounts prescribed by the statute - 23Trademarks must be 3 things: __________________, ___________________, and _______________________Word, Symbol, or Device
- 24How do you register trademarks?Must submit a registration application to the Patent and Trademark Office in Washington D.C. There must be a search for similar trademarks and a registration fee of $275 to $375
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- Flashcards on Media Law test 3 Chapter 14, created by Ifunanya Ibe on 03/12/2018.
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- Ifunanya Ibe
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