Question 1

The U.S.Supreme Court has ruled that the First Amendment allows downloading current music recordings from the Internet without permission.

Accepted Answer

A) True 
 B)False  False

Question 2

Explain the "hot news" doctrine and its history.

Accepted Answer

Although copyright law does not protect news facts,one mass medium cannot persistently take information from another and present the news as its own.This is called "misappropriation" or "unfair competition." This concept,sometimes called the "hot news" doctrine,emerged in 1918 when the Supreme Court decided International News Service v.Associated Press.Today,courts find misappropriation of news when (1)a news organization spends money to gather news, (2)the information is time sensitive, (3)a competing person or company uses that information without permission or payment,and (4)the news organization's ability to gather news is threatened by others' using the information.The issue particularly arises when a website can instantaneously copy information posted on a different site.In essence,the Court acknowledged that unfair competition allows others to profit from someone else's effort and expense.

Question 3

Dilution is using a well-known trademark without permission in a way that disparages the mark.

Accepted Answer

A) True 
 B)False  True

Question 4

In thanks for all her work on his current research,Prof.Jones gives his graduate student Joan the notes he wrote about his last research project.Jones said to Joan,"These notes are yours to keep." Needing money to complete her education,Joan decides to arrange with a book publisher to publish Jones' notes.Jones is a very famous scientist.A book reprinting Jones' notes likely would sell well.Do Joan and the book publisher have the right to publish Jones' notes?

Accepted Answer

Joan does not have the right to publish

Question 5

The length of time a copyright lasts is the only important legal difference between an individual and a corporation holding a copyright.

Accepted Answer

A) True 
 B)False

Question 6

You are chosen to edit the university yearbook.One of your staff members has chosen a 500-word excerpt to use on the yearbook's first page.The excerpt is from a short novel (125 pages)that was published last summer and won every prestigious award given to books in Fall 2013.The excerpt seems to sum up the whole point of the novel,but would be perfect as the introduction to the yearbook.You question your staff member about the excerpt,and she says,"No,I didn't bother to get permission to reprint it.I remember in media law class something was said about not needing permission to use just a little of something." If the novel's author (or publisher)sues the yearbook for copyright infringement,what would your best defense be? Would your defense be successful? Why or why not?

Accepted Answer

Your staff member likely is referring to

Question 7

Congressional laws allow individuals to make copies of television programs and computer software for their own personal use.

Accepted Answer

A) True 
 B)False

Question 8

A news story reporting an automobile accident can receive copyright protection.But the underlying facts-the accident itself-cannot be copyrighted.

Accepted Answer

A) True 
 B)False

Question 9

Plagiarism commonly means using others' ideas without attribution.But when someone's work is sufficiently similar to another's creation-copying a novel's plot,using similar fictional characters or replicating another's interpretation of historical facts,for example-plagiarism becomes a copyright law violation.

Accepted Answer

A) True 
 B)False

Question 10

Usually,the most important consideration when a court determines whether using copyrighted material without permission constitutes fair use is

Accepted Answer

A) the quantity and quality of a work copied 
B) what the copyright holder intended the work to be used for 
C) whether the copyrighted work was a work for hire 
D) the impact on the copyrighted work's market value 
A) the quantity and quality of a work copied 
B) what the copyright holder intended the work to be used for 
C) whether the copyrighted work was a work for hire 
D) the impact on the copyrighted work's market value

Question 11

In copyright law,the term "fair use" means

Accepted Answer

A) the most commonly used defense against charges of copyright infringement 
B) a copyright law provision allowing journalists to quote as much of a copyrighted work as they want in news stories 
C) a copyright law provision allowing people to download recordings without asking permission from the copyright holders 
D) the defense in a copyright infringement suit when copyrighted music is used in a commercial without permission 
A) the most commonly used defense against charges of copyright infringement 
B) a copyright law provision allowing journalists to quote as much of a copyrighted work as they want in news stories 
C) a copyright law provision allowing people to download recordings without asking permission from the copyright holders 
D) the defense in a copyright infringement suit when copyrighted music is used in a commercial without permission

Question 12

The United States has a copyright law because

Accepted Answer

A) individual states adopted copyright laws when the United States was formed 
B) the United States adopted the copyright model used in France 
C) authors,composers,and other creative artists demanded a copyright law 
D) the U.S.Constitution gives Congress the power to adopt a copyright law 
A) individual states adopted copyright laws when the United States was formed 
B) the United States adopted the copyright model used in France 
C) authors,composers,and other creative artists demanded a copyright law 
D) the U.S.Constitution gives Congress the power to adopt a copyright law

Question 13

To sue for copyright infringement under the current U.S.copyright law,a copyright holder must

Accepted Answer

A) register the copyright before the infringement takes place 
B) register the copyright before suing 
C) mail a copy of the copyrighted work to himself or herself 
D) do nothing except hire a lawyer 
A) register the copyright before the infringement takes place 
B) register the copyright before suing 
C) mail a copy of the copyrighted work to himself or herself 
D) do nothing except hire a lawyer

Question 14

Accepted Answer

A) True 
 B)False

Question 15

A work is copyrighted when

Accepted Answer

A) it is created 
B) the copyright notice is affixed 
C) the creator thinks of the original idea 
D) it is registered 
A) it is created 
B) the copyright notice is affixed 
C) the creator thinks of the original idea 
D) it is registered

Question 16

A "bundle of sticks" refers to

Accepted Answer

A) copyright infringement defenses 
B) statutory damages 
C) rights controlled by a copyright holder 
D) registering a copyright 
A) copyright infringement defenses 
B) statutory damages 
C) rights controlled by a copyright holder 
D) registering a copyright

Question 17

Sandy,a reporter for KSOX-TV,videotapes a fire in a downtown store and includes a portion of the tape in a story aired on the 10 p.m.news.KSOX

Accepted Answer

A) can broadcast the tape once and then the tape's copyright reverts to Sandy 
B) automatically shares the tape's copyright with Sandy 
C) owns the tape's copyright for 10 years before the copyright reverts to Sandy 
D) owns the tape's copyright 
A) can broadcast the tape once and then the tape's copyright reverts to Sandy 
B) automatically shares the tape's copyright with Sandy 
C) owns the tape's copyright for 10 years before the copyright reverts to Sandy 
D) owns the tape's copyright

Question 18

Which of the following is defined as an "invented mark" or a made-up word:

Accepted Answer

A) Arbitrary mark 
B) Fanciful mark 
C) Suggestive mark 
D) Descriptive mark 
A) Arbitrary mark 
B) Fanciful mark 
C) Suggestive mark 
D) Descriptive mark

Question 19

The videotape made by the KSOX crew in the previous question is called a

Accepted Answer

A) registered work 
B) trademarked videotape 
C) work made for hire 
D) licensed videotape 
A) registered work 
B) trademarked videotape 
C) work made for hire 
D) licensed videotape

Question 20

What is trademark tacking?

Accepted Answer

A) Allows a trademark owner to slightly alter a trademark without abandoning ownership of the original mark. 
B) A form of trademark infringement. 
C) Refers to the concept that trademark law takes precedence over domain registration in Internet trademark claims. 
D) A form of trademark dilution. 
A) Allows a trademark owner to slightly alter a trademark without abandoning ownership of the original mark. 
B) A form of trademark infringement. 
C) Refers to the concept that trademark law takes precedence over domain registration in Internet trademark claims. 
D) A form of trademark dilution.

The U.S.Supreme Court has ruled that the First Amendment allows downloading current music recordings from the Internet without permission.

Explain the "hot news" doctrine and its history.

Dilution is using a well-known trademark without permission in a way that disparages the mark.

The length of time a copyright lasts is the only important legal difference between an individual and a corporation holding a copyright.

Congressional laws allow individuals to make copies of television programs and computer software for their own personal use.

A news story reporting an automobile accident can receive copyright protection.But the underlying facts-the accident itself-cannot be copyrighted.

Usually,the most important consideration when a court determines whether using copyrighted material without permission constitutes fair use is

In copyright law,the term "fair use" means

The United States has a copyright law because

To sue for copyright infringement under the current U.S.copyright law,a copyright holder must

The 1976 Copyright Act says copyright protection can be lost if a copyright notice-e.g.,© 2014 Jan Jones-is not used.

A work is copyrighted when

A "bundle of sticks" refers to

Sandy,a reporter for KSOX-TV,videotapes a fire in a downtown store and includes a portion of the tape in a story aired on the 10 p.m.news.KSOX

Which of the following is defined as an "invented mark" or a made-up word:

The videotape made by the KSOX crew in the previous question is called a

What is trademark tacking?

The Rule of Law

The First Amendment

Speech Distinctions

Libel: the Plaintiffs Case

Libel: Defenses and Privileges

Protecting Privacy

News-Gathering

Reporters Privilege

The Media and the Courts

Electronic Media Regulation

Obscenity,indecency,and Violence

Advertising

Filters

Exam 12: Intellectual Property

The U.S.Supreme Court has ruled that the First Amendment allows downloading current music recordings from the Internet without permission.

Explain the "hot news" doctrine and its history.

Dilution is using a well-known trademark without permission in a way that disparages the mark.

The length of time a copyright lasts is the only important legal difference between an individual and a corporation holding a copyright.

Congressional laws allow individuals to make copies of television programs and computer software for their own personal use.

A news story reporting an automobile accident can receive copyright protection.But the underlying facts-the accident itself-cannot be copyrighted.

Usually,the most important consideration when a court determines whether using copyrighted material without permission constitutes fair use is

In copyright law,the term "fair use" means

The United States has a copyright law because

To sue for copyright infringement under the current U.S.copyright law,a copyright holder must

The 1976 Copyright Act says copyright protection can be lost if a copyright notice-e.g.,© 2014 Jan Jones-is not used.

A work is copyrighted when

A "bundle of sticks" refers to

Sandy,a reporter for KSOX-TV,videotapes a fire in a downtown store and includes a portion of the tape in a story aired on the 10 p.m.news.KSOX

Which of the following is defined as an "invented mark" or a made-up word:

The videotape made by the KSOX crew in the previous question is called a

What is trademark tacking?

The Rule of Law

The First Amendment

Speech Distinctions

Libel: the Plaintiffs Case

Libel: Defenses and Privileges

Protecting Privacy

News-Gathering

Reporters Privilege

The Media and the Courts

Electronic Media Regulation

Obscenity,indecency,and Violence

Advertising

Filters