ch 10, 11, 12 ent 470 review ent 470 ent 470
100
What is can parody be fair use?
There is no rule all parodies will qualify as fair use. The facts must be analyzed under the four-factor test.
100
What is the four factors of teh four-factor test used in determining fair use?
Purpose and Charactor of the use
Nature of the copyrighted work
Amount and substantiality of the portion used
Effect of the use upon the potential market for a value of the copyrighted work
100
What is a mechanical licensing agency
harry fox agency
100
What is one way to prove access in infringment case?
widely available to the public
100
What is the Music Modernization Act
MMA in 2018
200
What is can fair use be used as a defense for infringement?
Yes, but it can be confusing.
200
What is 2019 Music Modernization Act?
President Trump signed this into law in 2019
200
What is how a mechanical license is split?
music publisher must split income with song writer
200
What is ways to prove substantial similarity?
it's qualitative and quantitative
focuses mostly on the melody
the expression, not the idea
no set number of bars is acceptable...the heart of the song?
200
What is the Music Licensing Collective created by MMA?
MLC
300
What is what a parody should do in order to be considered a parody?
must comment upon or criticize or make fun of the work
300
What is an idea?
This is not copyrightable
300
What is PRO for sound recordings?
Sound Exchange
300
What is types of things that could be considered fair use?
Criticism and Comment
Educational Use
News Reporting
Parody
Incidental reproduction in a newsreel
300
What is the Music Licensing Collective?
oversees digital mechanical licensing, payments, and royalty disputes for streaming companies
400
What is a parody work has transformative value?
the parody adds something new, which creates a new work with a different purpose or character.
400
What is an expression of an idea?
This is copyrightable
400
What is infringement
a violation of any of the six exclusive rights
400
What is types of coercive remedies
Injunction, impoundment, destruction
400
What is what the MLC does?
Songwriters and artists will receive royalties on songs recorded before 1972

improve songwriters payment for streaming

unclaimed royalties have legal process
Producers also paid for first time
500
What is 2 Live Crew's Pretty Woman Parody ruling?
The Supreme Court said while Pretty Woman was a parody but all parodies are subject to evaluation under the four-factor test.
500
What is statutory rate for mechanical license
.09 cents per copy
500
What is how to prove infringement?
Proof of ownership of copyright through
Copyright registration certificate

Proof of copying
500
What is compensatory remedies?
actual damages or statutory damages






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