Question 1

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

Accepted Answer

A) True 
 B)False  True

Question 2

Original expression is copyrighted as soon as:

Accepted Answer

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 C

Question 3

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.

Accepted Answer

A) True 
 B)False  True

Question 4

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.

Accepted Answer

A) True 
 B)False

Question 5

Fair use is:

Accepted Answer

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 6

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.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

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 10

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.

Accepted Answer

A) True 
 B)False

Question 11

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.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

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

Accepted Answer

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 14

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

Accepted Answer

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

Question 15

Exxon is a "coined" trademark.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

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 17

Trademarks are protected for a period of 15 years.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 6: Intellectual Property

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

Original expression is copyrighted as soon as:

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.

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.

Fair use is:

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.

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

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.

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

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.

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.

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

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

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

Exxon is a "coined" trademark.

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

Trademarks are protected for a period of 15 years.

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

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

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