ch 10, 11, 12 | ent 470 review | ent 470 | ent 470 | |
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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.
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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 |
What is a mechanical licensing agency
harry fox agency
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What is one way to prove access in infringment case?
widely available to the public
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What is the Music Modernization Act
MMA in 2018
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What is can fair use be used as a defense for infringement?
Yes, but it can be confusing.
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What is 2019 Music Modernization Act?
President Trump signed this into law in 2019
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What is how a mechanical license is split?
music publisher must split income with song writer
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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? |
What is the Music Licensing Collective created by MMA?
MLC
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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
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What is an idea?
This is not copyrightable
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What is PRO for sound recordings?
Sound Exchange
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What is types of things that could be considered fair use?
Criticism and Comment
Educational Use News Reporting Parody Incidental reproduction in a newsreel |
What is the Music Licensing Collective?
oversees digital mechanical licensing, payments, and royalty disputes for streaming companies
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What is a parody work has transformative value?
the parody adds something new, which creates a new work with a different purpose or character.
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What is an expression of an idea?
This is copyrightable
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What is infringement
a violation of any of the six exclusive rights
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What is types of coercive remedies
Injunction, impoundment, destruction
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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 |
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.
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What is statutory rate for mechanical license
.09 cents per copy
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What is how to prove infringement?
Proof of ownership of copyright through
Copyright registration certificate Proof of copying |
What is compensatory remedies?
actual damages or statutory damages
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