Exam 7: Intellectual Property

The restrictions defined by the "doctrine of first sale" ensure which one of the following happens?

YouTube is careful to avoid liability for acts of copyright infringement because it ___ .

When the Constitution grants for "limited times to authors and inventors the exclusive right to their respective writings and discoveries," it implies eventually copyright ownership will transfer to ___?

Freelance photographer Frank Furter is at it again. He wants to sell his beautiful Sunrise in the Rockies photo to Mountains Magazine. He and the magazine agree on a price and so Furter sells it. Now Mountains Magazine wants to publish a calendar of pictures from its publications, including Furter's. The magazine should have to pay him more money, Furter feels, but the Supreme Court precedent goes against him because a freelancer who sells his photo to a magazine sells all the rights, in perpetuity.

Bruce Wade is a fading rock star, but as a teen he wrote a smash hit, "You Can Lock Me in Jail and Throw Away the Key, but You Can't Keep My Face from Breaking Out." ASCAP has handled the song's license, but Acne medication "Zits Away" would like to revive it for use in its commercials. As long as it is played only on stations with an ASCAP blanket license, Zits Away can use the song in its commercials.

Licensing revenues for ASCAP increased dramatically in 1923 when this agency started collecting music performance rights from the ____ ____.

Whotssamatta U is going to participate in intercollegiate soccer for the first time and decides to adopt a raging moose as its mascot. The university designs a moose logo, applies for and receives a trademark for its design. In an effort to raise revenue, WU decides to file trademark infringement suits against anyone using a moose on sweatshirts like those at the chain grocery stories and pharmacies, also Abercrombie & Fitch, and even ice cream companies that sell moose tracks. Since WU has been given a trademark, it can enforce its trademark by requiring others to pay or stop using the moose.

Professor Stan Dupp teaches media writing at Whotssamatta U. He feels students pay too much for textbooks, so he decides to photocopy and distribute copies of his textbook for the class to use for free. Prof. Dupp does not charge students because he is convinced since it is for educational purposes, neither the university nor him should profit. Dupp and the university benefit from tuition and fees, of course, but that wouldn't change his mind about whether the book should be sold to students. Prof. Dupp believes this use would not be a copyright infringement because it is a textbook example of acceptable fair use.

Trademarks are different than copyrights because their ownership ___.

Retail stores larger than ___ square feet must pay licensing fees for the performance of copyrighted music.

Which of the following can be copyrighted?

A new restaurant opens in town: Louisiana Fried Crawfish (LFC). It's a small strip-mall style restaurant (only about 1,000 square feet). Owner Bobby Boudreaux likes to play New Orleans-style music in the store for his customers, so he pipes in from its website KNO-AM over the store's speakers. In order for LFC to stay out of trouble with the law, it must pay KNO-AM each month for use of the station, because the station enhances the atmosphere of the restaurant.

Synchronization rights to music contrast with licensing arrangements, and instead are obtained ___ .

Radio stations that pay blanket license fees to ASCAP and BMI have the right to _______ .

Different types of music licenses are used by agencies like ASCAP and BMI. Which one gives the owner permission to use the work in perpetuity?

All but one of these familiar names became a generic item for lack of a defense against infringement. Which product below is still a trademark brand in the U.S.?

Len Scapp is a photographer for American Geographic, a monthly magazine with beautiful nature pictures. For this month's issue, he climbs a mountain and gets a spectacular sunrise shot in the Rocky Mountains. Freelance photographer Frank Furter loves the picture, finds the spot and sets up to take an IDENTICAL shot. Scapp sues Furter for copyright infringement. Furter admits in testimony he envied Scapp's shot and stole his idea. Furter would be liable for infringing on Scapp's intellectual property.

Determination of whether use of copyrighted material is a fair use does not consider the ____ .

In creating trademarks, companies are afforded the greatest protection for marks that are ___ .

Copyright law's foundation is found among the powers of the U.S. Congress in what is known as the ______ clause (Art. 1, Sec. 8) of the U.S. Constitution.