Exam 9: Ownership, Creativity and Innovation: Intellectual Property

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The difference between the Project Gutenberg (PG)and the Google book scanning project is:

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B

Discuss how intellectual property is different from other kinds of property.

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IP differs from other kinds of property (land,buildings,stocks,consumer goods)in several key ways.While often expensive and time consuming to generate,intellectual property can be quickly and easily copied.Unlike tangible items whose use has physical limitations-only one person can drive a car at a time;a pie can be divided into only so many slices-the number of persons who can use any one item of intellectual property is boundless.

In order to obtain a patent under U.S.Patent Law,an inventor must have an invention that is I.Not obvious II.Unique III.Useful

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C

Reverse Engineering would be considered a violation of the Uniform Trade Secret Act.

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Why was the Digital Millennium Copyright Act passed?

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American copyright law creates a bundle of rights for the owner,including the right to reproduce,distribute,perform,display,or adapt the work.

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Discuss the Fair Use Doctrine - what are the four factors used to determine if a use is fair?

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Discuss the United Nations draft document on Human Rights,Human Dignity and the Information Society,especially the provisions that technology must not be used to censor speech against a government;that governments should regulate ownership of intellectual property to ensure that ownership is not overly concentrated among a few entities;and that government agreements related to protecting intellectual property should not take precedence over the use of information for education.

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In a lawsuit for copyright infringement,a defendant can avoid liability by successfully arguing _________,based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.

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Debora Halbert asserts in her essay that:

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Using patents to claim rights to plant-derived substances is a huge business.Discuss the legal position that discoverers are allowed to patent (and own exclusive rights to manufacture)isolated plant materials if altered in some format in order to produce medicines.

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What must a plaintiff prove to establish copyright infringement?

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Once the copyright on a work has expired,

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Nike's swoosh,McDonald's arches,and the Xerox name are all identifiable trademarks.Which of the following laws protect(s)them? I.Lanham Trademark Act of 1946 II.Federal Trademark Dilution Act of 1995 III.Sonny Bono Act of 1998

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Give a brief description of the evolution of U.S.Copyright laws using approximate dates.

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If an author owns a copyright to a non-fiction essay,then publishes that essay in an anthology of similar essays published by a major publishing company,the rights involved in this relationship would be referred to as ______.

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