Copyright law Study Guide

📖 Core Concepts Copyright – A bundle of exclusive legal rights (copy, distribute, adapt, display, perform) over the original expression of a creative work. Idea–Expression Dichotomy – Only the concrete expression is protected; the underlying idea is free for anyone to use. Territoriality – Protection exists only within the jurisdiction that grants it; rights do not automatically extend worldwide. Duration – Generally life of the author + 70 years (most countries) or + 50 years (some). U.S. works after 1977 follow the same “life + 70” rule; pre‑1978 works have fixed terms. Public Domain – Once the term expires, the work may be used by anyone without permission. Economic vs. Moral Rights – Economic rights allow control of exploitation; moral rights protect attribution and integrity, often remaining with the author even after economic rights are transferred. 📌 Must Remember Exclusive Rights: reproduce, prepare derivative works, distribute, publicly perform, display, and (for sound recordings) digitally transmit. Fixation: Many jurisdictions require a tangible medium; France, Spain, Australia do not. Fair Use (US) – 4 Factors: purpose/character, nature of work, amount used, market effect. Fair Dealing (UK & Commonwealth) – Similar to fair use but limited to specific purposes (research, criticism, etc.). First‑Sale Doctrine – Owner of a lawfully made copy may resell it; U.S. applies even to imported copies (Kirtsaeng). Merger Doctrine – If only one or few ways exist to express an idea, the idea merges with the expression and is unprotectable. Work for Hire – Employer automatically owns copyright when the work is created within the scope of employment. Joint Authorship – Recognized when each contributor’s contribution is inseparable or interdependent and intended to be a joint work. Assignment vs. License – Assignment transfers ownership (must be in writing in the U.S.); a non‑exclusive license can be oral. Exclusive License – Only the licensee may exercise the granted right; the licensor cannot grant it to others. Statutory License – Allows use after paying a set fee (e.g., U.S. compulsory radio license). 🔄 Key Processes Obtaining Copyright Protection Create original expression → (if required) fix in tangible medium → automatic protection (Berne Convention). Fair Use Analysis (U.S.) Identify purpose → assess nature of work → measure amount used → evaluate market impact → balance all four factors. Transfer of Rights Draft written assignment (U.S.) → sign → record (optional). For license: decide exclusive vs. non‑exclusive → outline scope, duration, territory → execute agreement (oral ok for non‑exclusive). Enforcement Workflow Detect infringement → issue cease‑and‑desist / DMCA takedown → consider settlement or file civil suit → (if serious) pursue criminal action. 🔍 Key Comparisons Economic Rights vs. Moral Rights Economic: transferable, can be licensed/assigned, focus on exploitation. Moral: personal to author, often non‑transferable, focus on attribution & integrity. Fair Use vs. Fair Dealing Fair Use: U.S., flexible, four‑factor test, case‑by‑case. Fair Dealing: UK/Commonwealth, enumerated purposes (research, criticism, news reporting). Exclusive License vs. Assignment Exclusive License: Licensor retains ownership, can grant only one licensee for that right. Assignment: Full ownership passes to assignee; original owner loses that right. Copyleft vs. Permissive Free Licenses Copyleft: Derivatives must remain under same license (e.g., GPL). Permissive: Minimal conditions; derivatives may become proprietary (e.g., BSD). ⚠️ Common Misunderstandings “Ideas are protected” – Only the expression is; raw ideas, facts, and procedures are free. “All works on the Internet are public domain” – Public availability ≠ public domain; copying may still infringe. “Fixation is always required” – Not in France, Spain, Australia. “Moral rights disappear when I sell my copyright” – In many jurisdictions (e.g., UK) moral rights stay with the author. “First‑sale doctrine lets me copy a work” – It only allows resale/resdistribution of lawful copies, not new reproductions. 🧠 Mental Models / Intuition “Lock‑and‑Key” – Think of copyright as a lock (rights) placed on a key (the work). Economic rights are the keys you can hand out (licenses); moral rights are the master key you keep. “Four‑Factor Scale” – Visualize fair use as a balance scale; each factor adds weight to either side. “Territory Map” – Imagine a map where each country shades the area of protection; crossing a border may change the rules instantly. 🚩 Exceptions & Edge Cases Merger Doctrine – No protection when expression is the only way to convey the idea. Public‑Domain Regimes – Some countries still require royalty payments even after a work is in the public domain. Parallel Import Restrictions – Certain jurisdictions limit the first‑sale doctrine for imported copies. Moral Rights Persistence – Even after assignment, authors may still enforce attribution and integrity rights. 📍 When to Use Which Choose Fair Use vs. Fair Dealing – Use Fair Use analysis for U.S. questions; apply Fair Dealing only for UK/Commonwealth scenarios. Select License Type – Copyleft (GPL) when you want derivatives to stay free. Permissive (BSD) for maximum adoption, even commercial. Creative Commons (CC‑BY, CC‑BY‑SA, CC‑BY‑NC, etc.) to tailor attribution, commercial, and derivative permissions. Decide Assignment vs. License – Assign when you want to permanently transfer ownership (e.g., selling a catalog). Use a license when you retain ownership but allow specific uses (e.g., streaming rights). 👀 Patterns to Recognize “Life + X years” pattern in term questions – check jurisdiction (70 years for most, 50 years for some). Four‑Factor language in exam stems → indicates a fair‑use analysis. “Work for hire” wording → automatically assigns copyright to employer. “Moral rights” mention → likely a UK/EU question focusing on attribution or integrity. “First‑sale” trigger – any resale or import scenario. 🗂️ Exam Traps Distractor: “Ideas are protected” – wrong; only expression is. Distractor: “All public‑domain works require no permission anywhere” – false in jurisdictions with paying public‑domain regimes. Distractor: “Fixation is required everywhere” – ignore for France/Spain/Australia. Distractor: “Non‑exclusive license must be in writing” – only exclusive licenses/assignments need writing in the U.S. Distractor: “Moral rights can be transferred” – generally they remain with the author; some jurisdictions allow limited waivers. Distractor: “First‑sale doctrine allows copying for personal use” – it allows resale, not new copying. --- Use this guide to spot the core ideas, run through the step‑by‑step analyses, and avoid the common pitfalls on your next copyright exam.