Deck 7: Intellectual Property

Question 1

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.

A) copyright
B) commerce
C) intellectual property
D) patent
E) commercial content

Answer 1

B

Question 2

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 ___?

A) corporate owners
B) U.S. Copyright office and the Library of Congress
C) inheritors of their estate, including children and family members
D) public domain
E) private title through auction

Answer 2

D

Question 3

Trademarks are different than copyrights because their ownership ___.

A) can be renewed in perpetuity
B) cannot be sold or transferred
C) can only be obtained on words, logos or phrases, not physical attributes
D) expire after 70 years
E) require the permission of the trademark owner to be mentioned by anyone else at any time.

Answer 3

A

Question 4

Which of the following cannot be copyrighted?

A) A popular hip-hop recording
B) A television script
C) Cartoon strip in print
D) White pages of a telephone book
E) Artist's rendering of a soup can

Question 5

A bundle of rights for copyright ownership covers all rights below but one. Which one is wrong?

A) right to put the work on public display
B) right to distribute the work to others
C) right to create derivations of the original, creative work
D) right to perform the work in public
E) right to hold title to the work in perpetuity

Question 6

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?

A) Blanket license
B) Buy-out license
C) Restaurant license
D) Radio license
E) Online license

Question 7

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

A) Hollywood studios
B) Radio stations
C) European symphonies
D) Big band leaders
E) TV stations

Question 8

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

A) 1,000
B) 2,000
C) 3,000
D) 3,750
E) 4,000

Question 9

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

A) make copies of CDs
B) sell cover versions of the songs
C) play their songs over the airwaves
D) put pictures of the singers on their station website;
E) Use those songs in the production of commercials

Question 10

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

A) from ASCAP and BMI lawyers
B) directly from the song's author
C) indirectly from the song's performer
D) the Harry Fox Agency
E) Society of Synchronization

Question 11

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

A) book author only collects royalties on the resale of their book
B) book author collects royalties on the library loan of the work
C) movie producers collect royalties on the online rental of derivative works
D) software resale or distribution for profit is prohibited
E) libraries prohibited from using lending software.

Question 12

Which of the following can be copyrighted?

A) Calendars with just boxes and dates
B) Weight charts with pounds and metrics
C) Conversational ideas about movie plots
D) Handwritten instructions for loading a dishwasher
E) none of the above

Question 13

Copyright exists the moment that a creative work is ______ .

A) thought of in a creative person's mind
B) fixed in a tangible medium of expression
C) printed with the word copyright, the date, and the name of the copyright holder;
D) postmarked on the envelope sent to the federal copyright office
E) officially registered by the U.S. copyright office.

Question 14

For a single-authored work, copyright generally exists for what period of time?

A) 50 years
B) 70 years
C) life of the author
D) life of the author plus 50 years
E) life of the author plus 70 years

Question 15

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

A) purpose of the copyrighted work
B) nature of the (re)use
C) amount and substance of the copyrighted work used
D) impact on the market for the copyrighted work
E) whether the user profits from the use

Question 16

What Supreme Court decision granted legal protection to video recorder manufacturers because their machines were found to be capable of legitimate uses, not just infringing ones where owners took content from TV channels without pay or permission?

A) Metro Goldwyn Mayer Studios v. Grokster
B) A&M Records v. Napster
C) Universal City Studios v. Sony Corporation of America
D) Harper & Row Publishers v. Nation Enterprises
E) none of the above

Question 17

Which one of the following companies was found liable for two types of copyright infringement - contributory and vicarious -- but after losing a famous court battle opted to become a legal service?

A) BitTorrent
B) Grokster
C) KaZaa
D) Morpheus
E) Napster

Question 18

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

A) buys back both blanket or buyout licenses from copyright holders
B) joins with Google in hiring lawyers who file counter claims against litigants
C) ultimately pays for the use of videos posted by advertising
D) pays for most of the popular videos and copyrighted music on its website
E) removes videos immediately if told it is infringing copyright.

Question 19

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.?

A) Aspirin
B) Band-Aid
C) Escalator
D) Kerosene
E) Trampoline.

Question 20

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

A) Complex
B) Descriptive
C) Distinctive
D) Fanciful
E) Poetic

Question 21

WINO-FM has the legal rights to play all the music in the ASCAP and BMI libraries because it pays for blanket agreements with each company. The radio station's problem though is that it doesn't have a lot of music it would like to have. Since it pays for the licensing, it can legally copy music brought to the station by its DJs, who legally bought the CDs at a local music store, to improve its collection, provided the music is licensed by ASCAP or BMI.

Question 22

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.

Question 23

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.

Question 24

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.

Question 25

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.

Question 26

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.

Question 27

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.

Question 28

Rita Lott is a poet. She doesn't want to pay for copyright registration for every single poem she writes, so she generally collects a year's worth and sends them off each January 1^st. It just so happens that a poem Rita wrote in July is "stolen" from her desk by Betty Larceny. Betty publishes the poem in August. Rita may be furious but there is nothing she can do because the poem was published before Rita registered the copyright.