Question 1

The main purpose of copyright is to encourage creative expression benefiting society by allowing authors of copyrighted works exclusive rights for a limited time to exploit-or not exploit-their work.

Accepted Answer

Copyright is intended to encourage creativity by giving creators the right to determine how their work is used and to benefit from it for a limited period of time. This incentivizes creators to produce more work, which benefits society as a whole through cultural enrichment and economic activity.

Question 2

For human (not corporate) authors, copyright in a work created today will last for 50 years.

Accepted Answer

Copyright for human authors lasts for the life of the author plus 70 years, not just 50 years.

Question 3

Works published without copyright notice pass into the public domain immediately.

Accepted Answer

Works published in the United States after March 1, 1989, are protected by copyright from the moment of their creation, even without a copyright notice, and do not immediately pass into the public domain.

Question 4

A news story cannot be copyrighted because it contains newsworthy facts.

Accepted Answer

While the factual information in a news story is not copyrightable, the expression of those facts, such as the specific language or narrative structure used by the journalist, is protected by copyright.

Question 5

To be copyrighted, a work must be at least of "moderate quality."

Accepted Answer

There is no requirement for a certain level of quality for a work to be eligible for copyright protection. As long as it meets the criteria of originality and fixation in a tangible medium of expression, it can be copyrighted.

Question 6

Radio stations and websites may use a story from a newspaper or a web site as a tip from which a news story can be developed through independent effort.

Accepted Answer

This is a common practice in journalism known as "source attribution." However, it is important for journalists to verify the information and conduct their own research before publishing a story.

Question 7

To avoid lawsuits over copyright infringement, radio stations negotiate performing rights licenses from organizations such as ASCAP and BMI.

Accepted Answer

This statement is true. Performing rights licenses allow radio stations to legally play music that is owned by songwriters and publishers without facing copyright infringement lawsuits. Organizations such as ASCAP and BMI represent these songwriters and publishers and negotiate licenses on their behalf with radio stations, among other entities that use their music.

Question 8

If an over-the-air broadcast station plays Adele's "Take It All," the station must pay royalties for the composition but not for Adele's recording.

Accepted Answer

This is because the station is using the composition (the underlying musical work), which is owned by the songwriters/publishers, but not the recording (the specific version of the song performed by Adele), which is owned by the record label/artist. In order to use a recording, separate licenses would need to be obtained.

Question 9

Internet service providers must "take down" posted works if someone claims the posting infringes a copyright.

Accepted Answer

This is commonly known as the "notice and takedown" procedure under the Digital Millennium Copyright Act (DMCA) in the United States. ISPs are required to remove or disable access to infringing material upon receiving a notice of claimed infringement from the copyright holder or its representative.

Question 10

A student who downloads a copyrighted film without paying and without permission is a direct infringer.

Accepted Answer

This is true because downloading a copyrighted film without paying and without permission from the copyright owner is an act of infringement.

Question 11

The Supreme Court has ruled it illegal for a company to operate servers or provide peer-to-peer software that allows people to share copyrighted music without permission.

Accepted Answer

In 2005, the Supreme Court ruled in MGM Studios, Inc. v. Grokster, Ltd. that companies can be held liable for copyright infringement if they promote or facilitate illegal sharing of copyrighted material. This included the operation of servers or the distribution of peer-to-peer file-sharing software that enables users to share copyrighted music without permission.

Question 12

An Internet Service Provider has a legal duty to search carefully and remove postings containing unauthorized copyrighted content.

Accepted Answer

An Internet Service Provider (ISP) is generally not required to proactively search for and remove copyrighted content. They are protected under laws such as the DMCA in the United States, which require them to take action to remove infringing content only when properly notified through a takedown notice.

Question 13

Cable operators have a compulsory license to carry some distant broadcast signals as long as the cable operators pay royalties.

Accepted Answer

The Cable Television Consumer Protection and Competition Act of 1992 grants cable operators a compulsory license to carry certain distant broadcast signals, but they must pay royalties for those signals.

Question 14

Fair use is a privilege in copyright law to allow society to learn about, and comment upon, original copyrighted expression.

Accepted Answer

Fair use is indeed a privilege in copyright law that allows for certain limited uses of copyrighted material without permission from the owner for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research.

Question 15

In the Acuff-Rose case, the U.S. Supreme Court ruled that a musical parody that copies the "heart" of the original work's lyrics can be a fair use.

Accepted Answer

The U.S. Supreme Court ruled in the Acuff-Rose case that a musical parody that copies the "heart" of the original work's lyrics can be a fair use.

Question 16

The Nation magazine lost its fair use copyright case to Harper & Row for several reasons, including the fact that the Nation "scooped" Harper & Rows' right to first publish excerpts of the Ford memoirs in Time magazine, thus diminishing the value of the original work.

Accepted Answer

This statement is true. The Nation magazine did indeed scoop Harper & Row's right to first publish excerpts of the Ford memoirs in Time magazine, which was a key factor in their loss of the fair use copyright case.

Question 17

The effect of copying on the copyright owner's commercial market is a very important factor in determining fair use.

Accepted Answer

This is true according to the fourth factor of fair use, which considers the impact of the use on the potential market for or value of the copyrighted work. If the copying or use significantly harms the market for the original work, it is less likely to be considered fair use.

Question 18

The unauthorized posting of a copyrighted sound recording, in its entirety, on a noncommercial Web site is a fair use as long as users are not charged to access the recording.

Accepted Answer

The unauthorized posting of a copyrighted sound recording, in its entirety, on a noncommercial Web site is not automatically a fair use, even if users are not charged to access the recording. Fair use is determined on a case-by-case basis and takes into account various factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the original work.

Question 19

When a crew of KBMX-TV tapes fire footage for the 6 p.m. news, copyright in the tape belongs to the news crew.

Accepted Answer

Copyright in the tape belongs to KBMX-TV as the employer, under the "work for hire" doctrine, since the crew created the footage within the scope of their employment.

Question 20

Under the fair use doctrine, commentators and critics can discuss and criticize copyrighted works as long as the commentators get permission to copy excerpts or clips.

Accepted Answer

Under the fair use doctrine, commentators and critics may use limited amounts of copyrighted material without permission for the purpose of commentary or criticism. This is known as the "fair use exception" and is subject to a case-by-case analysis of factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for the copyrighted work. Permission is not always required, but fair use is not an absolute right and requires a balancing of interests between the copyright owner and the user.

Quiz 6: Intellectual Property