stereotypes) not copyrightable
oFixation in a tangible medium – to be copyrightable expression must be recorded on paper, audio tape, video tape, film, or any magnetic storage medium oFormalities Registration with U.S. Copyright Office notrequired but recommended; no requirement that copyright notice be placed on a workFill out application and send in copies of published/unpublished work within 3 months of publicationoInfringements – owner must prove defendant had access to plaintiff’s copyrighted work, show that defendant’s works is substantially similar to at least a significant portion of work; no burden to prove intentoRemedies – monetary or imprisonmentoDigital Millennium Copyright Act – apply when owner of copyrighted material in digital form uses technological measure to effectively limit access to its work or protect the work from being copied; if someone tries to circumvent measures, is violation of DMCAChapter 33: Real Property•Real property – land and things attached to landoLand – surface of earth and everything above and beneath itoAir rights – air space above surfaceoSubsurface rights – includes minerals beneath landoVegetation – natural and cultivated vegetationoFixture – item that was originally personal property but that has been attached to the land (or to another fixture) in a relatively permanent fashionAttachment – is considered fixture if attached to a building in such a manner that it cannot be removed without damage to buildingSpecialized use – specially made or altered for installation in particular buildingCustom – local customs sometimes determine whether or not item considered fixture•Interests in Real PropertyoFreehold estates – one that can legally exist for indefinite period of timeoFee simple estate – when a person has complete ownership of real propertyOwnership of unlimited durationOwner free to do whatever he she chooses with property so long as owner abides by law and does not interfere with rights of adjoining landownersoFee simple defeasible – like fee simple except subject to terminationoLife estate – interest in real property the duration of which is measured by life of some designated person; life tenant responsible to owner of future interest for any permanent damage he or she personally causes to the landoNonfreehold estates – leasehold estatesoNonpossessory interestsEasements – right to make some limited use of another’s real property without taking possession of it; right-of-way
•Easement appurtenant– created specifically for use in connection with another tract of land (e.g. right to use cross part of land to get to main road/highway)•Easement in gross – not used in connection with another tract of land (e.g. telephone company’s right to run poles and wires across lands)•Creation of easementsoBy express grant - owner expresses intent to convey an easement to another partyo
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