Intellectual property lawLesson 3 of 7 in the course Copyright Basics

U.S. Copyright Rights, Duration, Resale, Moral Rights, and Registration

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

This lesson introduces the exclusive rights granted to copyright owners and explains how long those rights generally last. It also examines works made for hire, where copyright ownership and term rules differ from the ordinary author-owned work.

These rights belong to the copyright owner, or to someone who has received the relevant rights through a legal transfer or authorization. For example, a person who owns the copyright in a novel generally controls whether it is adapted into a movie. Making an unauthorized movie based on the novel may infringe the owner’s derivative-work right.

All flashcards

What is a derivative work?
An adaptation based on an existing copyrighted work, such as a film based on a novel; the copyright owner generally controls its creation.
What is the general copyright term for an individual author?
The author's life plus 70 years.
How is the term for a qualifying anonymous work or work made for hire measured?
It is 95 years from first publication or 120 years from creation, whichever expires first.
What is the first-sale doctrine?
It generally permits the owner of a lawfully acquired copy to resell, lend, give away, or discard that copy.
What does the first-sale doctrine not permit?
It does not permit making additional copies; reproduction is a separate exclusive right.

Quiz questions

  1. Which exclusive right allows a copyright owner to control whether a novel is adapted into a film?Answer: The right to prepare derivative works.
  2. Which right is generally limited by the first-sale doctrine after a particular copy is lawfully sold?Answer: The distribution right in that particular copy.
  3. What may a bookstore generally do with a lawfully acquired physical copy under the first-sale doctrine?Answer: Resell, lend, give away, or discard that copy.
  4. What does the right of attribution concern?Answer: How an author's name is associated with a work.
  5. For a specially commissioned work to qualify as made for hire, what is required in addition to fitting a statutory category?Answer: The parties must expressly agree in a signed written instrument.

Based on Introduction to Intellectual Property by David Kline, David Kappos (OpenStax), licensed CC BY 4.0. Adapted into a summary, flashcards and quizzes.

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