Test your copyright knowledge quiz notes

  1.  The first case to deem photographs a writing is: Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884).
  2.  The Copyright Act protects “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” 17 U.S.C. § 102(a).
  3. http://www.history.com/this-day-in-history/president-bill-clinton-signs-the-digital-millennium-copyright-act-into-law
  4. VARA covers only limited, fine art categories of “works of visual art”: paintings, sculptures, drawings, prints, still photographs produced for exhibition. Within this group, only single copies or signed and numbered limited editions of 200 or less are actually protected. http://www.law.harvard.edu/faculty/martin/art_law/esworthy.htm
  5. You must register your copyright with the U.S. Copyright Office before you are legally permitted to bring a lawsuit to enforce it. http://fairuse.stanford.edu/overview/faqs/registration-and-enforcement/.  However, if you created the photo in a country that is a signatory to the Berne Convention, you do not have to register in the U.S. to protect your copyright or to file an infringement lawsuit in the U.S.
  6. Registering your copyrights with the US Copyright Office is undoubtedly important. It gives you the legal presumption that the work is yours, you are then eligible for statutory damages for infringement and it is required before you can file suit to prosecute those who infringe your copyrights. See also: Brent Rogers v. The Better Business Bureau of Metropolitan Houston, Inc.
  7. https://www.photoattorney.com/diary-copyright-infringement-lawsuit-declaratory-judgment/
  8. U.S. law no longer requires the use of a copyright notice, although placing it on your work is often beneficial. https://www.copyright.gov/circs/circ03.pdf
  9. https://www.copyright.gov/circs/circ03.pdf
  10. Writing is not required for a non-exclusive license, because by defining a “transfer of copyright ownership” to exclude non-exclusive licenses, 17 U.S.C. Sec. 101 relieves non-exclusive license from the operation of U.S.C. Sec. 204(a). The grant of a non-exclusive license can be oral or inferred from conduct. http://www.dmlp.org/legal-guide/creating-written-contract-transfer-or-license-rights-under-copyright