CA Copyright & Intellectual Property 3

Question 1

Under the Digital Millennium Copyright Act (DMCA), what is a 'safe harbor' provision designed to protect?

Accepted Answer

Online service providers who host user-uploaded content

Answer

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?

Accepted Answer

The clip is the most recognizable hook of the song

Answer

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?

Accepted Answer

Life of the author plus 70 years

Answer

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'?

Accepted Answer

A work based on or incorporating one or more preexisting copyrighted works

Answer

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?

Accepted Answer

The mural artist's copyright may be infringed by selling prints of the mural

Answer

Photographing a copyrighted mural and selling prints may infringe the muralist's reproduction rights, depending on how prominently the mural features.

(CA) Certified Artist Practice Test

(CA) Certified Artist Practice Test

CA Copyright & Intellectual Property 3