Deck 27: Intellectual Property

Question 1

The Supreme Court has held that parody of copyrighted material is a violation of copyright law.

Answer 1

False

Question 2

A patent is available for an idea as well as a tangible application.

Answer 2

False

Question 3

Intellectual property is

A)protected in the same way as land.
B)exclusive.
C)expensive to produce but cheap to reproduce and transmit.
D)expensive to produce, copy, and transmit.

Answer 3

C

Question 4

Unlike with patents, the ideas underlying copyrighted material need not be novel.

Question 5

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)The author is right. The professor should not have copied the chapters and placed them for sale in the bookstore.
B)The author is technically correct. However, even though an infringement occurred, he cannot sue the professor since educational personnel are exempt from liability under copyright law.
C)The author is not correct. Under the "fair use doctrine," a college professor can copy material and distribute it to students for educational purposes.
D)The author is not correct. It does not appear that the professor actually made any money from the alleged copyright infringement.

Question 6

A design patent protects the appearance of an item and is valid for 14 years.

Question 7

Which of the following cases concerned a trade secret?

A)Association for Molecular Pathology v. Myriad Genetics, Inc.
B)Bikram's Yoga College of India, L.P. v. Evolation Yoga, LLC
C)AMF Inc. v. Sleekcraft Boats
D)CDM Media USA, Inc. v. Simms

Question 8

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

Question 9

In order for a copyright holder to collect money damages from a person who used copyrighted material, it must be proven that

A)the infringement was intentional.
B)the copyright holder sustained more than $500 in actual damages.
C)the copyrighted material contained the copyright symbol, name of the copyright holder, and the year of copyright.
D)the infringer actually copied the work.

Question 10

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

Question 11

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

Question 12

The Trademark Law Treaty made it more difficult to apply for trademarks around the world.

Question 13

The vast majority of patents that are issued are

A)design patents.
B)plant patents.
C)utility patents.
D)intellectual patents.

Question 14

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

Question 15

What is the name of the treaty that allows American patents to be recognized and enforced in member countries?

A)the Paris Convention for the Protection of Industrial Property
B)the International Treaty of Trademarks and Patents
C)the World Agreement of London
D)the Berne Convention

Question 16

Martina developed a new type of apple tree which could be reproduced through grafting. She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

Question 17

A plant patent lasts for

A)14 years from the date of issuance.
B)70 years after the death of the person who filed the patent.
C)20 years from the date of application.
D)the life of the person who filed the patent.

Question 18

Which is NOT a provision of the Digital Millennium Copyright Act?

A)It is illegal to delete copyright information or distribute false copyright information.
B)It is illegal to use copyrighted material under any circumstances without permission of the creator.
C)It is illegal to circumvent encryption or scrambling technologies that protect copyrighted works.
D)It is illegal to distribute tools and technologies designed to circumvent encryption devices.

Question 19

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

A)only that his song and the infringer's song are substantially the same.
B)that his work was original and the infringer actually copied his work, or that the infringer had access to his song and that the two works are substantially the same.
C)that he sustained money damages as a result of the infringement.
D)that he registered the song for a copyright.

Question 20

Monic, a college professor, makes 30 photocopies of a magazine article and passes the article out to her students. The students are assigned to read the article and write an opinion paper about it. Has Monic violated copyright law?

A)Yes. Though the author will probably not enforce his or her rights under this situation, Monic has technically violated federal copyright law.
B)Yes. Though educators have a right under the "fair use doctrine" to make limited use of copyrighted materials, Monic violated the law when she made photocopies of an entire article and distributed them to her students.
C)No. Monic has acted within the fair use doctrine.
D)No, as up to 50 photocopies of articles are always permissible.

Question 21

Briefly define patent, copyright, and trademark, and explain how long they last.

Question 22

Rick wrote a song entitled "Wonderful." At the bottom of the first page of the music, he wrote "© 2018 by Rick Reed." Four months later a local band was playing his song at a bar. Rick felt that the bar was an inappropriate setting for his music. What is his remedy?

Question 23

Identify the main provisions of the Digital Millennium Copyright Act.

Question 24

A trademark lasts for

A)20 years after the application is filed.
B)70 years after the death of the creator.
C)10 years, but it can be renewed for an unlimited number of terms as long as it is used.
D)as long as it is kept confidential.

Question 25

Ernest invents a novel, useful, nonobvious product. He

A)must apply for a patent within one year of selling the product commercially.
B)is entitled to a patent over someone else who invents the same product if he is the first to invent it.
C)may receive patent protection for two years by filing a simpler, shorter, cheaper provisional patent application while he is working on his complex, regular patent application.
D)may sell his product for up to five years to see how well it sells before going through the complex process of filing a patent application with the PTO Office.

Question 26

What is the best definition of a trade secret ?

A)A formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors.
B)Any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.
C)The right of an inventor to prevent others from making, using, or selling his inventions for a limited time.
D)The right of a creator to exclusively reproduce, distribute, and perform her work for a limited time.

Question 27

Explain what a trademark is.

Question 28

A company's trade secret lasts for

A)20 years after the application is filed.
B)70 years after the death of the creator.
C)10 years, but it can be renewed for an unlimited number of terms as long as it is used.
D)as long as it is kept confidential.

Question 29

Derrick buys a CD but after listening to it, decides he doesn't like the music. May he legally sell the CD to someone else? If he thinks his cousin would enjoy the music, may he legally copy the CD for her?