3. Key Terms

Author – Person who writes the item that is copyrighted.

Copyright – rights and legal protection granted to the author of a work

Design patent – protects the design of a project

First sale doctrine – after the work has been sold, the buyer can distribute without the authors permission.

Idea- Expression Dichotomy- Protects the initial idea expression but not the facts or underlying ideas

Intangible asset – something of value that is not a physical item

Intellectual Property – a persons’ creativity

Intellectual property law – a law that protects intangible property

Merger doctrine – when the idea can only be used a limited number of ways and cannot be copyrighted

Open access – allows a copyright holder to have rights but allows them to distribute the item for anyone to use.

Original – something made by the owner or author

Patent law – legal protection of an invention, process, or method

Public Domain – something that doesn’t have copyright protection anymore

Right of privacy – the right to be left alone

Right of publicity – the right to control the commercial use of one’s identity

Ripping – digitally taking music or videos from a medium to a computer

Royalty – payments to copyright holders for their works’ use

Scenes a faire –features considered standard or essential to the genre or field

Tangible medium of expression- the material used to produce a work

Terms of use – the rules a copyright owner sets for his/her work

Trade dress law – Legal protection of a product or services’ appearance and size

Trade secret law – state-governed laws protecting secret formulas, recopies, or processes

Trademark law – legal protection of an image, word, symbol, or design used to identify goods and services

Work of authorship – things that are afforded copyright protection.

4. Select the best answer

1. Which of the following is NOT an example of a derivative work made from a short film?

D: A screen saver using scenes from a film.

2. You want to write a story about the history of text messaging for class. At what point is it protected by copyright?

B: When you write it down.

3. One important aspect of copyright law is that you own and control how your creation is used:

B: Unless you dedicate it to public domain.

4. If a work is public domain:

B: You can use it however you want.

5. The strongest legal position for protecting your copyright comes from:

A: Registering it with the copyright office.

B: You may be able to get permission to use the work.

7. Seeing the phrase “for educational use only” on two different Web sites tells you:

C: You should find out what each Web site means by “educational use”.

8. An open access license means:

A: The author retains some rights but promotes the use of the work.

9. Which of the following is the least likely source of public domain work?

D: The online collection at the Chicago Sun-Times of photographs created before 1919.

10. Which of the following is NOT a myth associated with using images and media on the internet?

D: Your agreement to a site’s terms of use is implicit.

Copyright on the Internet

The laws of copyright are important because they protect

the integrity of an author's intellectual idea. It is

important to protect these rights or else others will be

given credit for ideas and work that they did not create.

It is also important to understand what falls into the

realm of copyright infringement and what does not. Knowing

this can help prevent "innocent infringement". Disregarding

the laws of copyrighted material is a sure way to set

yourself up for expensive legal action.

Unauthorized Use and Fair Use

Cease and desist letter - a formal letter instructing you to stop the infringing act.

Contributory Infringement - conduct that assists in infringement

DMCA - Digital Millennium Copyright Act - penalizes anyone who tries to hack anticopyright tech.

Digital rights management - tech that protects access to digital media

Direct Infringement - violation of a an exclusive right

Fair Use - permits the public to use copyrighted material for certain purposes

Indirect Infringement - not directly infringing on copyright

Innocent Infringement - when you are not aware that you are infringing on a copyright

Limitations - the allowance of exception to an authors copyright

Parody - the copying of a work in a humorous manor

Peer-to-Peer Network - a group of computers that shares information or resources

Plagiarism - quoting words of another author as your own without given them credit

Royalty-free agreement - copyright without a monetary gain

Safe Harbor - minimum protection against a copyright suit

Substantial similarity - looking at the degree to which a copy resembles the original copyrighted work

Transformative - altering work so that the user or reader gains some new meaning or message

Vicarious infringement - "the right and ability to supervise the infringing activity"

Willful infringement - knowingly engaging in infringement

Questions

1. The damages for willful infringement can be as high as? D -150,000$

2. Which is not a require. for proving infringement? A - new work has commercial value

3. If you are sued for copyright infringement you are presumed: C - Liable if Prima Facie evidence is proved

4. In a multimedia piece which of the following is most likely to be difficult to obtain permission for? D - Logo of the Monterey Bay Aquarium

5. A - Hope he does'nt sue you for infringing his copyright

6. Registering your work with the copyright Office allows you to: B - Receive damages if the infringer is found liable

7. Which of the following could be grounds for dismissing a copyright case? C- You created the work and can prove it

8. Which is the best case scenario if you are found to be an innocent infringer by the court? A - say I'm sorry and walk away

9. Which is not considered a part of multi-media work? C -Voice Over

10. Which is considered a defense to copyright infringement? D - To prove that your use was a fair use