Deck 6: Copyrights and Trademarks

Question 1

The United States declined to join the Berne Convention for many years partly because:

A)the former Soviet Union was a member.
B)it was dominated by South Africa's pro-apartheid government.
C)the Berne Convention fails to provide any protection for moral rights,which are entrenched in American law.
D)some influential U.S.publishers profited by having the freedom to reproduce works copyrighted in certain Berne Convention countries without paying royalties.

Answer 1

D

Question 2

Under the latest federal law,when may a copyrighted work be photocopied legally?

A)never.
B)whenever the copying is for a nonprofit use.
C)whenever it is a fair use,including single-copy reproduction of some works by libraries.
D)whenever it is a fair use,including unlimited copying by libraries.
E)always.

Answer 2

C

Question 3

In 2003,the U.S.Supreme Court rejected the contention that an act of Congress extending the duration of copyrights was unconstitutional in the case of:

A)Eldred v.Ashcroft.
B)Dastar v.Twentieth Century Fox Film Corp. .
C)Moseley v.V Secret Catalogue.
D)New York Times Co.v.Tasini.
E)20^th Century Music v.Aiken.

Answer 3

A

Question 4

In C.B.C.v.Major League Baseball,a 2007 decision,the Eighth Circuit ruled that:

A)Major League Baseball owns the exclusive right to use factual information such as players' names and statistics.
B)factual information such as players' names and stats may be used by others without the league's permission.
C)descriptions of baseball games cannot be protected by copyright law.
D)anyone may blog about a game while it is underway.
E)anyone who is caught blogging during a ball game may be expelled from the ballpark.

Question 5

The U.S.Supreme Court has ruled that an unauthorized parody of a popular song may be a fair use rather than a copyright infringement despite the recording artist's intention to make a profit from the parody.The case:

A)Campbell v.Acuff-Rose Music.
B)Community for Creative Non-Violence v.Reid.
C)20^th Century Music v.Aiken.
D)Carson v.Here's Johnny.
E)New York Times Co.v.Tasini.

Question 6

A federal regulation setting up a "broadcast flag" system to curb the copying and sharing of television programs was overturned by a federal appeals court decision in 2005.The case:

A)Grokster v.U.S.Copyright Office.
B)MGM v.Federal Trade Commission.
C)American Library Association v.Federal Communications Commission.
D)A&M Records v.Napster.
E)CBS v.Teleprompter.

Question 7

Under current U.S.law,how long does a copyright remain in effect if a work has an individual author?

A)28 years.
B)50 years.
C)the author's life plus 50 years.
D)the author's life plus 70 years.
E)99 years.

Question 8

What is the basic fee that must be paid to the U.S.Copyright Office to register a copyright electronically?

A)$35.
B)$50.
C)$100.
D)$500.
E)$1000.

Question 9

In 2007,a federal appellate court rejected a request by librarians and archivists to allow copying of "orphan works" whose copyright owners cannot be located earlier than it would be permitted by the Copyright Term Extension Act.The case:

A)Kahle v.Gonzales.
B)Gonzales v.Carhart.
C)Stenberg v.Carhart.
D)Perfect 10 v.Amazon.com.
E)American Library Association v.Federal Communications Commission.

Question 10

The Supreme Court held that publishers may not place older freelance works in electronic data bases without getting permission from the author in the case of:

A)Community for Creative Non-Violence v.Reid.
B)New York Times Co.v.Tasini.
C)International News Service v.Associated Press.
D)Campbell v.Acuff-Rose Music.
E)20^th Century Music v.Aiken.

Question 11

After a copyright eventually expires and the work falls into the public domain,anyone may reproduce or distribute the work under a long-established legal principle that the U.S.Supreme Court reaffirmed in the 2003 case of:

A)Sony v.Universal City Studios.
B)Dastar v.Twentieth Century Fox Film Corp. .
C)Moseley v.V Secret Catalogue.
D)International News Service v.Associated Press.
E)20^th Century Music v.Aiken.

Question 12

The Supreme Court ruled in 2005 that when a company seeks to encourage and facilitate the illegal sharing of copyrighted works,that company may be held liable for copyright infringements by users of its products or services.The case:

A)Sony v.Universal City Studios.
B)MGM v.Grokster.
C)NCTA v.Brand X Internet Services.
D)A&M Records v.Napster.
E)RIAA v.Diamond Multimedia Systems.

Question 13

Under the Supreme Court ruling in Community for Creative Non-Violence v.Reid,commissioned artistic works are:

A)not copyrightable.
B)always owned by the artist,not the employer.
C)owned by the artist if he/she is an independent contractor.
D)owned by the artist only if he/she is not an independent contractor.
E)always owned by the employer,not the artist.

Question 14

Under current U.S.law,a person may copyright all of the following except:

A)the factual information in a news story.
B)a computer program.
C)a song.
D)a novel.
E)a television program.

Question 15

The concept of unfair competition was first recognized by the U.S.Supreme Court in the case of:

A)Guglielmi v.Spelling-Goldberg Productions.
B)CBS v.Democratic National Committee.
C)International News Service v.Associated Press.
D)Pottstown Daily News v.Pottstown Broadcasting Company.

Question 16

What happens if you don't bother to register a copyright and someone pirates your work five years after it is published?

A)the copyright is lost by then.
B)it makes no difference whether you register-ever.
C)it makes no difference unless you also fail to include the copyright notice.
D)the copyright is still valid,but your remedies in an infringement lawsuit will be more limited.
E)the copyright will expire much sooner,but you can still sue the infringer.

Question 17

The Supreme Court's Sony v.Universal City Studios decision held that home video taping is:

A)always a fair use.
B)always a copyright infringement.
C)an infringement unless you erase the tapes within 48 hours.
D)a fair use if you engage in "time-shifting," that is,you watch the taped programs later and make no commercial use of the tapes.
E)the Supreme Court did not address home video taping in this case.

Question 18

International copyrights have been protected at one time or another by:

A)the Berne Convention.
B)the General Agreement on Tariffs and Trade (GATT).
C)various treaties between the U.S.and individual countries.
D)the Universal Copyright Convention.
E)all of these.

Question 19

In Harper & Row Publishers v.The Nation Enterprises,the Supreme Court held that:

A)news,unlike history,can be copyrighted.
B)historical facts,unlike news,can be copyrighted.
C)the fair use doctrine never applies to a former president.
D)it was not a fair use to publish a 300-word excerpt from a president's memoirs before they were published in book form.
E)it is never a fair use to quote from presidential memoirs without permission.

Question 20

In Capitol Records v.Naxos,the New York Court of Appeals held that:

A)recordings made in England as early as 1932 are protected by the state's common law copyright until 2067.
B)such recordings are protected,but only until 2027.
C)such recordings were only protected until 1982.
D)such recordings are in the public domain in New York if they are in the public domain where the recordings were made.
E)this case involved Internet file-sharing,not copyright protection for older recordings.

Question 21

Publishing software that will circumvent copy-prevention codes in music or movies is now illegal under the:

A)Digital Millennium Copyright Act.
B)Fairness in Music Licensing Act.
C)Sonny Bono Copyright Term Extension Act.
D)Copyright Act of 1976.
E)Lanham Act.

Question 22

In what case did a circuit court first say that a company can bring a trademark infringement suit on allegations that sponsored links confuse consumers?

A)Brother Records v.Mattel Inc. .
B)Rosetta Stone v.Google.
C)Mattel Inc.v.Goldberger.
D)New York Times Co.v.Tasini.
E)C.B.C.v.Major League Baseball.

Question 23

What equity concept was at issue in the 2014 Supreme Court case of Petrella v.Metro-Goldwyn-Mayer,Inc.?

A)Injunctions.
B)Trademark law.
C)Laches.
D)Fair use.
E)The Lanham Act.

Question 24

Whether a retail store or restaurant must pay royalties for the use of broadcast music is now governed by:

A)the Digital Millennium Copyright Act.
B)the Fairness in Music Licensing Act.
C)the Sonny Bono Copyright Term Extension Act.
D)the Copyright Act of 1909.
E)the Lanham Act.

Question 25

Registering someone else's trademark as an Internet domain name in "bad faith" is illegal under the:

A)Domain Name Protection Act.
B)Anticybersquatting Consumer Protection Act.
C)Fairness in Name Registration Act.
D)Consumer Legal Remedies Act.
E)Domain Equity Act.

Question 26

Copyright trolls are companies that

A)engage in cybersquatting.
B)knowingly infringe others' copyrights.
C)buy rights from others and aggressively pursue infringements.
D)share files online.
E)all of the above.

Question 27

In Kirtsaeng v.John Wiley & Sons (2013),the Supreme Court overruled the Second Circuit and said that ________ protects the right to import and sell "gray market" goods.

A)the first sale doctrine.
B)cybersquatting.
C)trademark law.
D)the First Amendment.
E)the Lanham Act.

Question 28

A federal appeals court upheld an artist's right to make satirical use of Barbie dolls in a series of photographs in the case of:

A)Mattel Inc.v.Goldberger.
B)Mattel Inc.v.Walking Mountain Productions.
C)Mattel Inc.MCA Records.
D)Brother Records v.Mattel Inc. .
E)Qualitex Co.v.Jacobson Products Inc.

Question 29

In A.V.v.iParadigms,LLC,the Fourth Circuit said that there was no copyright infringement on iParadigms' use of student work in its Turnitin.com database because the use of the work was:

A)original.
B)copyrighted.
C)sellable.
D)creative.
E)transformative.

Question 30

In Golan v.Holder,the Supreme Court said that works in the public domain:

A)will remain in the public domain forever.
B)will remain in the public domain as long as money cannot be made from them.
C)will remain in the public domain until at least the year 2020.
D)can be removed from the public domain by new laws.
E)none of the above.

Question 31

The Ninth Circuit examined the question of _______ in the case of MDY Industries v.Blizzard Entertainment.

A)trademark dilution.
B)cybersquatting.
C)contributory infringement.
D)software ownership.
E)Lanham Act violations.

Question 32

Appropriation art got a win in the Second Circuit in which case?

A)New York Times Co.v.Tasini.
B)Rosetta Stone v.Google.
C)Eldred v.Ashcroft.
D)Prince v.Cariou.
E)Qualitex Co.v.Jacobson Products Inc.

Question 33

In 2003,the U.S.Supreme Court made it more difficult to prove the dilution or tarnishment of a trademark in the case of:

A)Eldred v.Ashcroft.
B)Dastar v.Twentieth Century Fox Film Corp. .
C)Moseley v.V Secret Catalogue.
D)New York Times Co.v.Tasini.
E)20^th Century Music v.Aiken.

Question 34

The Supreme Court said that a copyright holder's failure to register a work does not restrict a federal court's jurisdiction over claims related to unregistered works in the case of:

A)Reed Elsevier,Inc.v.Muchnick.
B)A.V.v.iParadigms,LLC.
C)Moseley v.V Secret Catalogue.
D)New York Times Co.v.Tasini.
E)Eldred v.Ashcroft.

Question 35

The primary federal trademark law is the:

A)Copyright Act.
B)Bagley-Keene Act.
C)Lanham Act.
D)Graham-Rudman Act.
E)Smith Act.