CA Copyright & Intellectual Property 3 — Questions and Answers
Question 1: Under the Digital Millennium Copyright Act (DMCA), what is a 'safe harbor' provision designed to protect?
- Artists who accidentally infringe copyright
- Online service providers who host user-uploaded content (Correct answer)
- Foreign nationals using US-copyrighted works
- Artists who create works inspired by existing art
Correct answer: Online service providers who host user-uploaded content
The DMCA safe harbor shields online platforms from liability for user-uploaded infringing content if they comply with takedown procedures.
Question 2: An artist wants to use a 30-second clip of a pop song in a video artwork. Which factor would weigh MOST against a fair use defense?
- The artist is a nonprofit institution
- The clip is the most recognizable hook of the song (Correct answer)
- The work is shown only in a gallery setting
- The artist credited the original songwriter
Correct answer: The clip is the most recognizable hook of the song
Using the 'heart' or most commercially valuable portion of a copyrighted work weighs heavily against fair use.
Question 3: How long does copyright protection last for a work created by an individual artist in the US today?
- 28 years from creation
- Life of the author plus 70 years (Correct answer)
- 95 years from publication
- 50 years from the date of registration
Correct answer: Life of the author plus 70 years
Under current US law, copyright lasts for the life of the author plus 70 years for works created by individual authors.
Question 4: Which of the following best describes a 'derivative work'?
- An original work created independently without reference to prior art
- A work based on or incorporating one or more preexisting copyrighted works (Correct answer)
- A public domain work reproduced in a new medium
- A work created by multiple authors simultaneously
Correct answer: A work based on or incorporating one or more preexisting copyrighted works
A derivative work transforms, adapts, or builds upon a preexisting copyrighted work and requires permission from the original copyright holder.
Question 5: A photographer takes a photo of a publicly visible mural painted on a building wall. The photographer wants to sell prints. Which statement is most accurate?
- The photographer owns full copyright because they took the photo
- The mural artist's copyright may be infringed by selling prints of the mural (Correct answer)
- Public murals are always in the public domain
- The building owner holds copyright in any photos taken
Correct answer: The mural artist's copyright may be infringed by selling prints of the mural
Photographing a copyrighted mural and selling prints may infringe the muralist's reproduction rights, depending on how prominently the mural features.
Question 6: What is 'copyright registration' and why is it beneficial for US artists?
- A mandatory process required before any copyright exists
- A voluntary process that enables lawsuits for statutory damages and attorney's fees (Correct answer)
- A government license to sell copies of the work
- A process that extends copyright beyond the standard term
Correct answer: A voluntary process that enables lawsuits for statutory damages and attorney's fees
While copyright arises automatically, registration with the Copyright Office is required to sue for infringement and allows recovery of statutory damages.
Question 7: An artist creates work as part of their full-time employment at an advertising agency. Who typically owns the copyright in that work?
- The artist, as the human creator
- The advertising agency, as the employer (Correct answer)
- Both share copyright equally
- The clients who commissioned the work
Correct answer: The advertising agency, as the employer
Under the work-for-hire doctrine, works created by an employee within the scope of employment are owned by the employer.
CA Copyright & Intellectual Property 3
Under the Digital Millennium Copyright Act (DMCA), what is a 'safe harbor' provision designed to protect?