Exam 27: Intellectual Property

Under the fair use doctrine, instructors cannot be liable for copyright violations.

Explain what a trademark is.

A college professor copies seven chapters from a book called "How to Get Better Grades-A Creative Approach to College Success!" There are ten chapters in the book. She incorporates this material into a packet that is printed in her college's copy center. The packet is then placed on the required materials list for students to purchase and is sold in the local book store. The author of the book believes the professor has violated his copyright.

A copyright is valid for 28 years after it is obtained and can be renewed for another 28 years.

A color cannot be trademarked since it cannot be kept from use by other businesses.

Richard wrote a song called "College Days." He copyrighted the composition and had it professionally printed. A couple years later, he was attending a business meeting about 1,500 miles from his home. While sitting in a nightclub, he heard a small local band perform a song called "College Memories." The music and words were extremely similar to his song. The composer of "College Memories" claims he never heard of Richard's song and that she is offended he would accuse her of stealing his work. If Richard wishes to sue for copyright infringement, he must prove

If a trademarked name acquires a generic meaning, the owner of the trademark loses protection.

Ernest invents a novel, useful, nonobvious product. He

Identify the main provisions of the Digital Millennium Copyright Act.