Deck 8: Creative Property

Question 1

The federal Trademark Act of 1946 is also referred to as the

A)Commerce Act.
B)Fair Return Act.
C)Business Rights Act.
D)Lanham Act.

Answer 1

D

Question 2

What is the general period of protection for copyrights under the current federal statute?

A)58 years following publication
B)Until the death of the primary author
C)The lifetime of the author,plus 70 years
D)40 years from the date of creation

Answer 2

C

Question 3

In 1989 the United States joined the world's largest multilateral copyright treaty,called the

A)European Pact.
B)Atlantic Copyright Conference.
C)Berne Convention.
D)Copyright Royalty Tribunal.

Answer 3

C

Question 4

When a copyright infringement results in no actual loss to the copyright owner,the owner in some cases may still seek to recover

A)criminal damages
B)compensatory damages
C)statutory damages
D)special damages

Question 5

Copyright may be defined as

A)an automatic right of ownership in any creation that is truly unique.
B)a property right in literary or other expressive creations.
C)any slogan,design,or symbol that is used in commerce to identify a product.
D)a government-issued certification of novel and artistic work.

Question 6

Which of the following is not one of the elements in a proper copyright notice?

A)The year of first publication
B)The name of the copyright owner
C)The word copyright,or the international symbol ©
D)The official registration number

Question 7

In MGM v.Grokster the U.S.Supreme Court in 2005 unanimously held that

A)Grokster could be held liable for consumers' infringing downloads.
B)consumers who swap digital music files are usually engaged in fair use.
C)Grokster owed no damages because it was helping the music industry.
D)most of the music had passed into the public domain.

Question 8

A copyright can be divided and subdivided onto small packages,each sold independently.

Question 9

Copyright law protects the creator's particular

A)manner of expression.
B)ideas.
C)factual discoveries.
D)All of the above

Question 10

What does the concept of "moral rights" typically include?

A)The artist retains the right to control the use of his or her name in association with a copyrighted work.
B)The artist has the right to control the use of his or her ideas in all future works.
C)The artist has the right to control alterations and prevent distortion of the work.
D)Both a and c

Question 11

Which of the following is not one of the factors used to determine whether the unconsented use of a copyrighted work qualifies as a fair use?

A)The extent of originality contained in the work
B)The effect of the use upon the market for the work
C)The amount and substantiality of the portion used
D)The purpose and character of the use

Question 12

The two main performing-right organizations in the United States are

A)BMI and UCC
B)ASCAP and the FCC
C)BMI and ASCAP
D)UCC and ASCAP

Question 13

In Community for Creative Non-Violence v.Reid the Supreme Court concluded that

A)CCNV lawfully owned the copyright to the sculpture.
B)Reid was an employee for CCNV.
C)CCNV unlawfully profited from Reid's work.
D)Reid was an independent contractor and owned the copyright to his work.

Question 14

Copyright ownership and protection begins

A)with proper public notice.
B)when compulsory licensing is attained.
C)when government registration is attained.
D)at the moment a protectable work is created.

Question 15

Which of the following is not required for copyright registration with the U.S.Copyright Office?

A)A filing fee
B)Evidence showing that the work has commercial value
C)A nonreturnable deposit of the work being registered
D)A properly completed application form

Question 16

In Sony Corp.v.Universal City Studios (the Betamax case)the Supreme Court concluded that

A)copying for personal entertainment is always a fair use.
B)video recorders have enhanced the value of copyrights.
C)time-shifting qualifies as a fair use.
D)Both a and b

Question 17

Sound recordings are different from most other classes of copyright because they do not include an exclusive right of

A)reproduction.
B)preparing derivative works.
C)public distribution.
D)public performance.

Question 18

If copyrightable material is a _________,then ownership vests automatically with the employer.

A)joint work
B)work made for hire
C)compilation
D)derivative work

Question 19

In copyright law,the term "work of authorship" refers to any creation that is primarily expressive in nature.

Question 20

When television producers want to incorporate copyrighted music into TV programs,they must first obtain licenses for

A)republication rights.
B)merchandising rights.
C)synchronization rights.
D)recording rights.

Question 21

Unlike copyrights,trademarks

A)are protected by state law.
B)are not protected at the moment of creation.
C)can be names or titles.
D)All of the above

Question 22

In a highly publicized case,the music industry sued Minnesota resident Jammie Thomas-Rasset for hundreds of online copyright infringements.In 2009 the jury

A)decided the peer-to-peer downloading was fair use.
B)concluded the defendant did infringe but awarded only $330 in damages.
C)awarded the music-industry plaintiffs $97,000.
D)awarded plaintiffs $1.92 million.

Question 23

Will a parody of a copyrighted work generally be considered a fair use? Explain.

Question 24

In addition to protecting trademarks through infringement lawsuits,trademark owners in about half the states can sue to prevent

A)encroachment.
B)dilution.
C)parody.
D)distortion.

Question 25

What is the basic legal test for determining whether trademark infringement has occurred?

Question 26

Some descriptive terms can attain trademark status if,over time,they acquire a

A)generic meaning.
B)secondary meaning.
C)dictionary definition.
D)verb or noun usage.

Question 27

What is the difference between the trademark symbols ® and ™ ?