Communications 300 Lesson 5

Parody is a form of artistic expression that imitates or mocks a specific work, usually by exaggerating or satirizing its characteristics. To be considered a parody, it must not only imitate the style and genre of the original work but also transform it in some way. This transformation can involve adding humor, commentary, or a different perspective to the original content. Therefore, the statement that parody must target the original and be transformative is true.

Compulsory licensing is a mechanism that indeed limits the exclusive rights of copyright owners. It requires the owners of certain types of intellectual property to grant licenses to others for the use of that property, usually in exchange for a reasonable fee. This allows for broader access to intellectual property and promotes innovation and competition in various industries.

The fair use defense might permit the use of an entire work because fair use allows for limited use of copyrighted material without permission from the copyright owner. In certain circumstances, using the entire work may be considered fair use, such as for purposes of criticism, commentary, or educational use. However, it is important to note that fair use is a subjective and fact-specific defense, and each case is evaluated on its own merits.

The correct answer is that copyright holders retain exclusive rights to reproduce, distribute, and perform their copyrighted works. This means that individuals or entities who have created original works, such as books, music, or movies, have the sole right to control how those works are used, including making copies, distributing them, and performing them publicly. This protection allows creators to profit from their creations and maintain control over their work.

Posting copyrighted photos on computer bulletin board systems without authorization is an infringement of copyright. This means that if someone uploads or shares copyrighted photos on a computer bulletin board system without obtaining permission from the copyright owner, they are violating copyright law. This action is considered illegal and can lead to legal consequences.

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This answer correctly states that freelancers retain copyright ownership unless there is a contract stating otherwise. This means that freelance journalists have the right to control and profit from their own work, unless they have agreed to give up those rights through a work-made-for-hire agreement.

The explanation for the correct answer is that the exclusive rights of copyright owners are indeed separate and distinct from each other. This means that copyright owners have the exclusive rights to reproduce, distribute, perform, display, and create derivative works based on their copyrighted material. These rights are separate and can be individually enforced by the copyright owner. For example, a copyright owner may grant permission for their work to be reproduced but not for it to be performed. This distinction allows copyright owners to have control over how their work is used and to negotiate different permissions for different uses.

Cable and home satellite dish companies are not subject to paying compulsory licensing fees. This means that these companies do not have to pay fees for the rights to broadcast or distribute copyrighted content. This is because cable and satellite companies typically negotiate separate licensing agreements with content providers, allowing them to distribute their content legally. As a result, they are not required to pay the compulsory licensing fees that may be applicable to other types of broadcasters or distributors.

Trademark protection is not automatic upon creation. In order to obtain trademark protection, the owner must register the trademark with the appropriate government agency.

The Ninth Circuit Court of Appeals found in favor of Napster (2001), holding that Napster did not knowingly encourage and assist in copyright infringement. This statement is not correct because the Ninth Circuit Court of Appeals actually found Napster liable for contributory and vicarious copyright infringement in 2001.

The statement is false. The four factors for determining fair use (purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect on the potential market) should be considered together in determining whether a particular use qualifies as fair use. No single factor alone can automatically defeat a fair use defense.

An educational workbook that is designed to be used only once is less likely to be protected by fair use compared to the other options. Fair use allows for the limited use of copyrighted material without permission, typically for purposes such as criticism, commentary, or education. However, a workbook that is designed to be used only once implies that it is not intended for multiple uses or purposes, which may make it less likely to qualify for fair use protection.

The persuasive arguments in the U.S. Supreme Court's decision in Harper and Rowe v. Nation did not include the argument that the purpose of The Nation article was new reporting, thus covered by the news defense.

Using a competitor's trademark in comparative advertising or promotion is not illegal. Comparative advertising is a common practice where companies compare their products or services to those of their competitors. As long as the comparison is truthful and not misleading, it is considered legal. Trademark dilution laws, on the other hand, are intended to protect trademarks from uses that blur their distinctiveness or tarnish them, even without causing confusion.

Photography and filming of actual events are copyrightable because they involve the creation of original works that capture real-life events. Copyright law protects original works of authorship, including photographs and films, which are considered creative expressions of the photographer or filmmaker. Therefore, individuals who take photographs or film actual events have the right to control the reproduction and distribution of their works, as well as the right to receive compensation for their use. This is why photography and filming of actual events can be subject to copyright protection.

The statement "Once a trademark is used in commerce, the mark is forever protected, even if its use in commerce is discontinued" is not correct. Trademark protection requires continuous use in commerce. If a trademark is not actively used in commerce, it can lose its protection.

The effect of the use upon the potential market for or value of the copyrighted work is the single most important factor in analyzing the fair use defense. This means that if the use of the copyrighted work negatively impacts the market or value of the original work, it is less likely to be considered fair use. This factor considers whether the use is likely to harm the copyright owner's ability to profit from their work, which is a key consideration in determining whether the use is fair or not.

Computerized databases of facts are eligible for copyright protection. This is because copyright law protects original works of authorship, and databases can be considered original compilations or arrangements of facts. However, the facts themselves within the database are not protected by copyright. This means that someone can use the facts from a database without infringing on copyright, but they cannot copy the entire database without permission.

This answer is correct because copyright registration must occur before or within three months of publication in order to be eligible for statutory damages and attorney's fees in an infringement lawsuit. If registration is not obtained before the infringement occurs, the copyright owner may still be able to sue for infringement, but they will not be eligible for certain remedies and damages.