Entertainment Law Flashcards

Pre-1978 works; applied to unpublished works but once published or registered had to comply with statutory formalities; abolished with 1978 copyright act.

Exists at creation as long as original work of authorship and fixed in a tangible medium of expression; "original works of authorship"

A modicum of creativity; Feist; can have independent creation and not have infringement

Literary work, Musical work (and words), Dramatic work (and music), Pictorial, graphic, sculptural works, Pantomimes and choreographic works, Motion pictures, audiovisual works, Sound Recordings, and Architectural works.

Copyright protects expression, not ideas; will protect compilations, collective works, and characters or character is sufficiently delineated.

Phonorecord - material object that embodies sound; Copy - every other material object; tangible medium can only be in copies or phonorecords; literary work = book; 

To do and to authorize...REPRODUCE in copies or phono records; prepare DERIVATIVE WORKS based on the work (transform, recast, adapted, SR are derivative works; DISTRIBUTE; PERFORM work publicly (SR does not have a performance right!); DISPLAY works publicly; for sound recordings right to PERFORM SR by means of digital audio transmission.

The owner of a copy lawfully made can dispose of copy in any way they see fit; buy a painting and hang on wall; buy a CD and give it to a friend - need 109 to do this.  Can only DISPOSE of copy - so only distribution and display are covered.

Religious Services Exception:  no performance cost; conducted in place of worship not further transmitted (broadcasts); Nonprofit Exception:  all proceeds go to charitable event - owner can send notice not to perform song - make them pay voluntary license; Fraternal Order Exception:  no performance for clubs; your club, sponsored by you, your guests; Sales Exception; Classroom Exception; Fairness in Music Licensing Exception:  home-use receiving apparatus exception; no more than X radios or TVs if establishment is smaller than 3750 feet; bars/restaurants no performance fee.

Once someone records and releases a musical composition, anyone else can also do this as long as you play by rules; "cover" songs; current compulsory mechanical license rate = 9.1 cents per song per record; negotiated license fee usually by ASCAP, Harry Fox, BMI, SESAC; minimum compulsory license rate (statutory rate)

File intent to use; if don't pay, songwriter sends notice giving 30 days to pay or license is terminated, anything after termination is infringement; Damages = actual damages + profits or statutory damages - can also recover retroactively.

Used instead of a mechanical license; licenses 75% of songs; retroactive infringement applies.

Pre-1978:  usually publisher; common law copyright holder.      Post-1978:  author is owner at "creation;
author either person or statutory author in case of work for hire.
Owner and author not always same person

(1) employer of employee that creates the work in the normal course of employment or (2) commissioning party where work specially ordered or commissioned, parties have written agreement, signed by parties, and falls into 1 or 9 categories; excludes sound recordings

Only protects actual sounds embodied in work