Since my last game was at least three shades of cruel and almost unsolvable. I’ve decided to give it another try, this time time with a much more simple premise and fewer tactics worthy of Dr. House.
This time around the rules are much more straightforward Ten questions, all of them basic copyright questions, and one bonus that should be at least a little bit of a stumper. There are no trick questions, all are solvable and this is even an open book test.
The only rules are that no lawyers are allowed, this is for my fellow laypeople only, and to win the game outright you have to get at least the first seven correct and then the bonus. If no one can do that, then I’ll take whoever has the most questions right along with the bonus. If no one gets the bonus, then its the most right answers.
Clearly, the term “bonus” is something of a misnomer.
The prize, as usual, is a hearty congratulations and a link in tomorrow’s post, which will include the results/answers. Time starts once this is posted live and ends at 6 AM ET tomorrow.
Good luck to everyone. Due to the nature of this contest I will not be responding to comments until tomorrow morning. I’m looking forward to seeing how you do! Also, don’t forget, these questions are based upon U.S. law, your mileage may vary.
Questions
1) What are five of the exclusive rights that come with copyright protection (Hint: There are at least six)?
2) Does posting a work to the Web constitute publication, yes or no?
3) What are three benefits of registering your work with the U.S. Copyright Office (Hint: There are at least five)?
4) How long is the copyright term for works of joint authorship?
5) What is the copyright term for an anonymous work?
6) What are the four factors of fair use?
7) What copyright protection does works created by the Federal government have?
Who can file a DMCA notice (Hint: There are two)?
9) What is the maximum amount of damages the courts can award per work for willful infringement?
10) What is the name of the form used to register a textual work with the U.S. Copyright Office (Hint: Will accept both versions)?
Bonus: Which one of these books is NOT in the public domain: 20,000 Leagues Under the Sea, Treasure Island, The Lion the Witch and the Wardrobe, Alice in Wonderland and War of the Worlds
Conclusions
Though hopefully still a little challenging, this game should be a bit easier than the other. At least there are no tricks this time around.
Simply post your answers in the comments and, even if someone else has posted enough answers to win, go ahead and try anyway, one never knows if they got one wrong.
Above all though, have fun and watch out, you might learn something. I certainly did when looking up the questions.
I am totally ignorant. I am however more familiar with the British version but for this exercise, it is of little use. I am however reading all the responses to educate myself.
I was just Curious and so ended up answering these questions. I am not a copyright expert, so I resorted to ‘open-book’ test.
Answer 1. Several exclusive rights typically attach to the holder of a copyright. They are:
• To produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
• To import or export the work
• To create derivative works (works that adapt the original work)
• To perform or display the work publicly
• To sell or assign these rights to others
• To transmit or display by means of digital audio transmission
Answer2. Yes. Posting a work on the website can be considered as a publication for copyright protection.
Answer 3. The benefits of Web Site Copyright Registration are:
• By registering your copyright, you create a public record of your work and your copyright claim.
• If somebody infringes on your web site copyright, you may sue for copyright infringement.
• If you register your web site copyright before or within 5 years of publication, the registration is prima facie evidence in court as to the validity of your web site copyright and of the facts stated in your U.S. Copyright Office registration certificate.
• If you register your web site copyright within three months after publishing it or before an infringement occurs, you may seek statutory damages and attorney’s fees in an infringement lawsuit.
• If you registered your web site copyright, you may record the registration with the U. S. Customs Service and obtain its help in protecting against the importation of infringing copies.
Answer 4. The term for joint works is the lifetime of the last living author plus 70 years.
Answer 5. The copyright term for an anonymous work, a pseudonymous work, or a work made for hire is 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first.
Answer 6. The four factors of fair use are:
1. The purpose and character of use
2. The nature of the copyrighted work
3. The amount and substantiality of the portion taken, and
4. The effect of the use upon the potential market.
Answer 7. The works created by the federal government are not protected by copyright and are in the public domain. However, works commissioned by the federal government may have copyright protection.
Answer 8. The copyright owner or a party authorized to act on behalf of the owner of an exclusive right that is allegedly infringed can file the DMCA notice
Answer 9. Court can award damages between $750 and $30,000 for each registered work if the infringement was not willful. In case of willful infringement, damages could be up to a maximum of $150,000 per work.
Answer 10. The form TX can be used to register a textual work with the US Copyright office. The list of all forms are:
• Form PA (Performing Arts) – This is the form used most often for videographers. Includes dramatic works, plays, scripts, motion pictures and other audiovisual works on videotapes and DVDs. The soundtrack of a video, of course, is an integral part of the audiovisual work, so you should include it in Form PA applications.
• Form SR (Sound Recordings) – Includes music, audio narration, spoken or sung lyrics and sound effects on audio cassettes, compact discs, DVDs and (optionally) vinyl records or videocassettes.
• Form TX (Text) – Includes stories, novels, poems, treatments and outlines in written form on paper. Note: titles and short phrases are not protected under the copyright law.
• Form VA (Visual Arts) – Includes still photographs, graphic designs, sculpture (usually non-moving) and art work.
Bonus Answer: Alice in Wonderland is in Public Domain as it was published in 1865.
References:
http://www4.law.cornell.edu/uscode/html/uscode1…
http://fairuse.stanford.edu/Copyright_and_Fair_…
http://www.copyright.iupui.edu/pubperf.htm
And wikipedia
I was just Curious and so ended up answering these questions. I am not a copyright expert, so I resorted to ‘open-book’ test.
Answer 1. Several exclusive rights typically attach to the holder of a copyright. They are:
• To produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
• To import or export the work
• To create derivative works (works that adapt the original work)
• To perform or display the work publicly
• To sell or assign these rights to others
• To transmit or display by means of digital audio transmission
Answer2. Yes. Posting a work on the website can be considered as a publication for copyright protection.
Answer 3. The benefits of Web Site Copyright Registration are:
• By registering your copyright, you create a public record of your work and your copyright claim.
• If somebody infringes on your web site copyright, you may sue for copyright infringement.
• If you register your web site copyright before or within 5 years of publication, the registration is prima facie evidence in court as to the validity of your web site copyright and of the facts stated in your U.S. Copyright Office registration certificate.
• If you register your web site copyright within three months after publishing it or before an infringement occurs, you may seek statutory damages and attorney’s fees in an infringement lawsuit.
• If you registered your web site copyright, you may record the registration with the U. S. Customs Service and obtain its help in protecting against the importation of infringing copies.
Answer 4. The term for joint works is the lifetime of the last living author plus 70 years.
Answer 5. The copyright term for an anonymous work, a pseudonymous work, or a work made for hire is 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first.
Answer 6. The four factors of fair use are:
1. The purpose and character of use
2. The nature of the copyrighted work
3. The amount and substantiality of the portion taken, and
4. The effect of the use upon the potential market.
Answer 7. The works created by the federal government are not protected by copyright and are in the public domain. However, works commissioned by the federal government may have copyright protection.
Answer 8. The copyright owner or a party authorized to act on behalf of the owner of an exclusive right that is allegedly infringed can file the DMCA notice
Answer 9. Court can award damages between $750 and $30,000 for each registered work if the infringement was not willful. In case of willful infringement, damages could be up to a maximum of $150,000 per work.
Answer 10. The form TX can be used to register a textual work with the US Copyright office. The list of all forms are:
• Form PA (Performing Arts) – This is the form used most often for videographers. Includes dramatic works, plays, scripts, motion pictures and other audiovisual works on videotapes and DVDs. The soundtrack of a video, of course, is an integral part of the audiovisual work, so you should include it in Form PA applications.
• Form SR (Sound Recordings) – Includes music, audio narration, spoken or sung lyrics and sound effects on audio cassettes, compact discs, DVDs and (optionally) vinyl records or videocassettes.
• Form TX (Text) – Includes stories, novels, poems, treatments and outlines in written form on paper. Note: titles and short phrases are not protected under the copyright law.
• Form VA (Visual Arts) – Includes still photographs, graphic designs, sculpture (usually non-moving) and art work.
Bonus Answer: Alice in Wonderland is in Public Domain as it was published in 1865.
References:
http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000302—-000-.html
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html
http://www.copyright.iupui.edu/pubperf.htm
And wikipedia
1) – To reproduce the copyrighted work
- To make derivative works based on the copyrighted work
- To distribute the copyrighted work
- If it is a sound recording you can play it in public
- In the case of entertainment (songs, movie scripts scripts, etc) you can perform the copyrighted work in public.
2) No clue, but I’d say yes.
3) – Lets you file a lawsuit in court
- Allows you to get statutory damages
- Registration = public record that YOU own the rights to the work
4) It lasts around 70 years after the last person dies
5) Up to 70 years after the author dies
6)- Nature of the work
- Purpose of the use (parody, news reporting, education, etc)
- Amount used (quote vs whole friggin thing)
and – value of the work
7) None.
9) $150,000 I think
10) No clue
Bonus) No clue again, but I’d guess The lion, the Witch, and the Wardrobe.
1) – To reproduce the copyrighted work- To make derivative works based on the copyrighted work- To distribute the copyrighted work- If it is a sound recording you can play it in public- In the case of entertainment (songs, movie scripts scripts, etc) you can perform the copyrighted work in public. 2) No clue, but I'd say yes.3) – Lets you file a lawsuit in court- Allows you to get statutory damages- Registration = public record that YOU own the rights to the work4) It lasts around 70 years after the last person dies5) Up to 70 years after the author dies6)- Nature of the work- Purpose of the use (parody, news reporting, education, etc)- Amount used (quote vs whole friggin thing)and – value of the work7) None.8) Copyright owner or an agent who has the legal authority to file it.9) $150,000 I think10) No clueBonus) No clue again, but I'd guess The lion, the Witch, and the Wardrobe.