COMM 383: REVIEW FOR TEST II

COPYRIGHT

Copyright Act of 1976

Section 106--5 exclusive rights of copyright

Section 107--fair use

original work of authorship; tangible form

what can be copyrighted; what cannot

utilitarian aspects of useful articles

works made for hire

joint authorship

duration of copyright

public domain

notice and registration

Forms: TX, VA, PA, SR

recovery of infringer's profits

recovery of statutory damages

transformative use

parody

first sale doctrine

derivative works

direct, contributory, vicarious and subconscious infringement

Berne Act of 1988

Sonny Bono Copyright Extension Act of 1998

MORAL and ECONOMIC RIGHTS

paternity, integrity, disclosure and withdrawal

NY Arts and Cultural Affairs Law

(MAPA) MA Art Preservation Act

site-specific art

VARA

right to proceeds

public lending right

UNFAIR COMPETITION

passing off (palming off)

misappropriation

"secondary meaning"

Lanham Act

"likelihood of confusion" factors

marks (generic, descriptive, suggestive, arbitrary/fanciful)

trademark dilution