Question 1

In addition to U.S. copyright law, the rights of copyright holders are also protected under:

Accepted Answer

A) international laws and treaties such as the Berne Convention. 
B) federal piracy laws. 
C) state piracy laws. 
D) all of the above. 
A) international laws and treaties such as the Berne Convention. 
B) federal piracy laws. 
C) state piracy laws. 
D) all of the above. D

Question 2

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

Accepted Answer

A) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. 
B) the nature of the copyrighted work. 
C) the amount and substantiality of the portion used in relation to the copyrighted work as a whole. 
D) all of the above. 
A) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. 
B) the nature of the copyrighted work. 
C) the amount and substantiality of the portion used in relation to the copyrighted work as a whole. 
D) all of the above. D

Question 3

A business formula, information compilation, or device that provides an advantage over competitors that do not have it is known as a:

Accepted Answer

A) competitive advantage. 
B) strategic advantage. 
C) trade secret. 
D) restraint of trade. 
A) competitive advantage. 
B) strategic advantage. 
C) trade secret. 
D) restraint of trade. C

Question 4

Although processes and machines are eligible for patent protection, manufactures and compositions of matter are not.

Accepted Answer

A) True 
 B)False

Question 5

Courts will likely protect important customer lists under trade secret laws even if customer identities are determinable from other sources.

Accepted Answer

A) True 
 B)False

Question 6

The Lanham Act grants protection for:

Accepted Answer

A) marks. 
B) patents. 
C) copyrights. 
D) trade secrets. 
A) marks. 
B) patents. 
C) copyrights. 
D) trade secrets.

Question 7

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

Accepted Answer

A) True 
 B)False

Question 8

In order to protect themselves from disclosure of proprietary or confidential information, businesses may:

Accepted Answer

A) implement security measures to prevent access by outsiders. 
B) enforce contractual nondisclosure agreements against departing employees. 
C) limit disclosure of such information to those with a need to know. 
D) all of the above. 
A) implement security measures to prevent access by outsiders. 
B) enforce contractual nondisclosure agreements against departing employees. 
C) limit disclosure of such information to those with a need to know. 
D) all of the above.

Question 9

Computer programs are subject to copyright protection.

Accepted Answer

A) True 
 B)False

Question 10

The manner in which ideas are expressed in literary, musical, dramatic, and other artistic works may be copyrighted.

Accepted Answer

A) True 
 B)False

Question 11

Trademarks may be used to protect the exclusive right to identify either products or services.

Accepted Answer

A) True 
 B)False

Question 12

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

Accepted Answer

A) True 
 B)False

Question 13

Trademarks or service marks may be registered if they utilize terms that are:

Accepted Answer

A) suggestive of characteristics of the product or service to which they relate. 
B) fanciful, arbitrary, or coined. 
C) descriptive and have acquired a known secondary meaning linked to a product. 
D) all of the above. 
A) suggestive of characteristics of the product or service to which they relate. 
B) fanciful, arbitrary, or coined. 
C) descriptive and have acquired a known secondary meaning linked to a product. 
D) all of the above.

Question 14

Trademarks and service marks are recorded with the Register of Copyrights.

Accepted Answer

A) True 
 B)False

Question 15

To analyze a copyright infringement claim in the context of computer programs, courts will primarily examine:

Accepted Answer

A) the total number of program steps that are substantially similar. 
B) the number of significant program steps that are substantially similar. 
C) whether the programs appear substantially similar in ordinary language. 
D) whether the programs appear substantially similar in machine language. 
A) the total number of program steps that are substantially similar. 
B) the number of significant program steps that are substantially similar. 
C) whether the programs appear substantially similar in ordinary language. 
D) whether the programs appear substantially similar in machine language.

Question 16

A copyright prevents the copying of an idea.

Accepted Answer

A) True 
 B)False

Question 17

Generic terms that refer to a type or class of goods are never subject to trademark protection.

Accepted Answer

A) True 
 B)False

Question 18

Computer programs are subject to protection in the U.S. under:

Accepted Answer

A) copyright laws. 
B) patent laws. 
C) trade secret laws. 
D) all of the above. 
A) copyright laws. 
B) patent laws. 
C) trade secret laws. 
D) all of the above.

Question 19

Accepted Answer

A) must be written in object code in order to be protected. 
B) must be written in source code in order to be protected. 
C) is protected as any other copyrighted material, even if it is in written form. 
D) is protected as any other copyrighted material, but only if it is in written form. 
A) must be written in object code in order to be protected. 
B) must be written in source code in order to be protected. 
C) is protected as any other copyrighted material, even if it is in written form. 
D) is protected as any other copyrighted material, but only if it is in written form.

Question 20

A copyright is the exclusive right given by federal statutes to the creator of a literary or an artistic work to use, reproduce, and display the work.

Accepted Answer

A) True 
 B)False

Exam 10: Intellectual Property Rights

In addition to U.S. copyright law, the rights of copyright holders are also protected under:

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider:

A business formula, information compilation, or device that provides an advantage over competitors that do not have it is known as a:

Although processes and machines are eligible for patent protection, manufactures and compositions of matter are not.

Courts will likely protect important customer lists under trade secret laws even if customer identities are determinable from other sources.

The Lanham Act grants protection for:

Copyright of a "work made for hire" runs for the life of the creator of the work plus 50 years.

In order to protect themselves from disclosure of proprietary or confidential information, businesses may:

Computer programs are subject to copyright protection.

The manner in which ideas are expressed in literary, musical, dramatic, and other artistic works may be copyrighted.

Trademarks may be used to protect the exclusive right to identify either products or services.

Under the United States Supreme Court's "doctrine of equivalents," infringers may not avoid liability for patent infringement by substituting insubstantial differences for some of the elements of the patented product or process.

Trademarks or service marks may be registered if they utilize terms that are:

Trademarks and service marks are recorded with the Register of Copyrights.

To analyze a copyright infringement claim in the context of computer programs, courts will primarily examine:

A copyright prevents the copying of an idea.

Generic terms that refer to a type or class of goods are never subject to trademark protection.

Computer programs are subject to protection in the U.S. under:

Under the Computer Software Copyright Act of 1980, a written program:

A copyright is the exclusive right given by federal statutes to the creator of a literary or an artistic work to use, reproduce, and display the work.

The Nature and Sources of Law

The Court System and Dispute Resolution

Business Ethics, Social Forces, and the Law

The Constitution As the Foundation of the Legal Environment

Government Regulation of Competition and Prices

Administrative Agencies

The Legal Environment of International Trade

Crimes

Torts

Cyberlaw

Nature and Classes of Contracts: Contracting on the Internet

Formation of Contracts: Offer and Acceptance

Capacity and Genuine Assent

Consideration

Legality and Public Policy

Writing, Electronic Forms, and Interpretation of Contracts

Third Persons and Contracts

Discharge of Contracts

Breach of Contract and Remedies

Personal Property and Bailments

Legal Aspects of Supply Chain Management

Nature and Form of Sales

Title and Risk of Loss

Product Liability: Warranties and Torts

Obligations and Performance

Remedies for Breach of Sales Contracts

Kinds of Instruments, Parties, and Negotiability

Transfers of Negotiable Instruments and Warranties of Parties

Liability of the Parties Under Negotiable Instruments

Checks and Funds Transfers

Nature of the Debtor-Creditor Relationship

Consumer Protection

Secured Transactions in Personal Property

Bankruptcy

Insurance

Agency

Third Persons in Agency

Regulation of Employment

Equal Employment Opportunity Law

Types of Business Organizations

Partnerships

LPS, LlCS, and LlPS

Corporate Formation

Shareholder Rights in Corporations

Securities Regulation

Accountants Liability and Malpractice

Management of Corporations

Real Property

Environmental Law and Land Use Controls

Leases

Decedents Estates and Trusts

Filters