Deck 6: Intellectual Property

Question 1

The main purpose of copyright is to encourage creative expression benefiting society by allowing authors of copyrighted works exclusive rights for a limited time to exploit-or not exploit-their work.

Answer 1

True

Question 2

For human (not corporate) authors, copyright in a work created today will last for 50 years.

Answer 2

False

Question 3

Works published without copyright notice pass into the public domain immediately.

Answer 3

False

Question 4

A news story cannot be copyrighted because it contains newsworthy facts.

Question 5

To be copyrighted, a work must be at least of "moderate quality."

Question 6

Radio stations and websites may use a story from a newspaper or a web site as a tip from which a news story can be developed through independent effort.

Question 7

To avoid lawsuits over copyright infringement, radio stations negotiate performing rights licenses from organizations such as ASCAP and BMI.

Question 8

If an over-the-air broadcast station plays Adele's "Take It All," the station must pay royalties for the composition but not for Adele's recording.

Question 9

Internet service providers must "take down" posted works if someone claims the posting infringes a copyright.

Question 10

A student who downloads a copyrighted film without paying and without permission is a direct infringer.

Question 11

The Supreme Court has ruled it illegal for a company to operate servers or provide peer-to-peer software that allows people to share copyrighted music without permission.

Question 12

An Internet Service Provider has a legal duty to search carefully and remove postings containing unauthorized copyrighted content.

Question 13

Cable operators have a compulsory license to carry some distant broadcast signals as long as the cable operators pay royalties.

Question 14

Fair use is a privilege in copyright law to allow society to learn about, and comment upon, original copyrighted expression.

Question 15

In the Acuff-Rose case, the U.S. Supreme Court ruled that a musical parody that copies the "heart" of the original work's lyrics can be a fair use.

Question 16

The Nation magazine lost its fair use copyright case to Harper & Row for several reasons, including the fact that the Nation "scooped" Harper & Rows' right to first publish excerpts of the Ford memoirs in Time magazine, thus diminishing the value of the original work.

Question 17

The effect of copying on the copyright owner's commercial market is a very important factor in determining fair use.

Question 18

The unauthorized posting of a copyrighted sound recording, in its entirety, on a noncommercial Web site is a fair use as long as users are not charged to access the recording.

Question 19

When a crew of KBMX-TV tapes fire footage for the 6 p.m. news, copyright in the tape belongs to the news crew.

Question 20

Under the fair use doctrine, commentators and critics can discuss and criticize copyrighted works as long as the commentators get permission to copy excerpts or clips.

Question 21

Fair use permits journalists to copy unlimited amounts of copyrighted work as long as the journalists assign proper credit to identify the source of the copied work.

Question 22

When determining fair use, courts often look to see if the copier "transformed" the copied excerpts into a new and original creation.

Question 23

A court concluded Shepard Fairey's famous Hope poster was a transformative fair use of an Associated Press news photo.

Question 24

It is a fair use for a company to print copies of online magazine articles for employees of a department.

Question 25

The legal lesson for samplers and mashup makers from the Diddie Combs and Biz Markie cases: Get permission to copy or perform even brief copyrighted samples of music.

Question 26

A trademark infringes another mark if it confuses consumers about the origin of the product.

Question 27

Trademarks are protected for a period of 15 years.

Question 28

Exxon is a "coined" trademark.

Question 29

The Coca Cola Company objected to "Enjoy Cocaine" posters employing Coca Cola typefaces and colors because Coca Cola feared consumers would think the company treated the use of cocaine humorously.

Question 30

The Supreme Court ruled the federal Patent and Trademark Office did NOT violate the First Amendment when it refused to register the offensive trademark for "The Slants" musical group.

Question 31

The Lanham Act's prohibition against the registration of "immoral or scandalous" trademarks has been found to violate the First Amendment.

Question 32

In Iancu v. Brunetti, the Supreme Court upheld the PTO's refusal to register the trademark FUCT because it was highly offensive and vulgar and had decidedly negative connotations.

Question 33

In 2020, the Supreme Court ruled that a state may not copyright its entire official code, which includes both the laws and annotations interpreting them.

Question 34

Original expression is copyrighted as soon as:

A) it is registered
B) notice is "affixed"
C) it is fixed in a tangible medium
D) only when all of the above conditions are met
E) none of the above

Question 35

To sue successfully for copyright infringement, the plaintiff must establish that:

A) the copied work is substantially similar to the original
B) the copier copied with actual malice
C) the copier had access to the original work
D) all of the above
E) A and C above

Question 36

Copyright notice for an individual author consists of the following, EXCEPT:

A) year of publication
B) name of the "author"
C) the copyright symbol, ©, the word "copyright," or the abbreviation "copr"
D) the name of the publisher
E) none of the above

Question 37

If freelancers sign a "work for hire" contract, they give the publisher:

A) all publication rights
B) first publication rights only
C) publication rights for one year
D) no publication rights
E) none of the above

Question 38

Fair use is:

A) a privilege in copyright law gained by newspaper lobbyists specifically for reviewers
B) a privilege in copyright law to allow society to learn about, and comment upon, copyrighted works
C) designed to limit the profits an author may gain from his "exclusive" copyright
D) A and C
E) all of the above

Question 39

Courts may consider which of the following when determining fair use:

A) if the copying is for comment and criticism or other "transformative" purposes
B) if the copying will diminish the potential market for the copyrighted work
C) if the copier copies a substantial amount of the original
D) all of the above might be considered in fair use determinations
E) A and B only

Question 40

The Nation magazine lost its fair use copyright case to Harper & Row for several reasons, including the fact that The Nation:

A) scooped Harper & Rows' right to first publish the Ford memoirs
B) published the most interesting revelations in the Ford manuscript
C) cost Time magazine money promised by contract
D) all of the above
E) A and B

Question 41

In AFP v. Morel, Agence France Presse and Getty Images disseminated photos taken by Daniel Morel of the Haiti earthquake, photos that were tweeted from the island. A federal court ruled:

A) AFP, Getty and others could distribute Morel's photos without copyright violation because the photos were extremely newsworthy shots of the tragic earthquake
B) Morel's photos passed into the public domain when they were tweeted shortly after the Earthquake
C) AFP, Getty and others had a "fair use" defense because they gave Morel credit for the photos
D) Morel was entitled to $1.2 million for infringement of his copyrighted photos
E) None of the above.

Question 42

Companies that provide the servers and software that allow people to illegally trade and download copyrighted works have been ruled to be:

A) fair users
B) free riders
C) contributory infringers
D) common exploiters
E) all of the above

Question 43

The following statements about trademark law are true EXCEPT:

A) trademark is defined as any word, name, or symbol used by a business to identify and distinguish its product
B) trademark protection can last as long as the trademark is used in commerce
C) a descriptive phrase is an inherently distinctive mark
D) a trademark infringes another mark if it confuses consumers
E) trademarks used as a generic may pass into the public domain

Question 44

Which of the following sentences, if any, violate a trademark when published online?

A) he spent the evening at the Coin-Operated Laundry
B) he wrapped the sandwich in cellophane
C) he ordered a coke at the bar
D) none of the above infringes a trademark
E) A and C only

Question 45

Filmmakers and videographers wishing to include a recording of Adele singing "Take It All" need:

A) permission to copy and perform the sound recording
B) permission to copy and perform the composition
C) no permission if the films and videos will be broadcast
D) A and B only
E) none of the above

Question 46

Work made for hire. Explain why it is important for freelancers to be aware if they sign a contract containing the phrase "work made for hire."

Question 47

Performing rights societies. Why are performing rights societies, such as the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc (BMI), important to radio stations, webcasters and copyright owners?

Question 48

Sony Corporation of America v. Universal City Studios (the Betamax case). Explain the significance of the Betamax case. Is it precedent for students to claim fair use when downloading copyrighted music and video?

Question 49

Sampling. Some courts have ruled that the copying of musical phrases and cropped pictures in new works is fair use. Other courts rule that sampling infringes copyright. Briefly argue that sampling is or is not fair use.

Question 50

Copyright Claims Board: What is it?

Question 51

Students sometimes proclaim, "Let information be free." The argument goes something like this: It is so easy and inexpensive to acquire and trade information on the Internet that the information ought to be free. Music and video, too. Those gargantuan music and film companies have ripped people off long enough, making consumers buy a 15-song CD for $18 in order for buyers to acquire the one song they want. Yet the Recording Industry of America sues some of its own customers-even high school students-who illegally download copyrighted music and videos. Regardless of your view, argue on behalf of RIAA, Disney, SONY and other copyright owners. Make the case for (l) why widespread free downloading of music and video is not a fair use to the corporate owners and songwriters, and (2) why copyright owners say society will benefit, serving the purpose of the copyright law, if free downloading is stopped.