Deck 12: Intellectual Property

Question 1

Congressional laws allow individuals to make copies of television programs and computer software for their own personal use.

Answer 1

False

Question 2

Which of the following was Congress' attempt to integrate the Internet and other digital media more squarely into U.S.copyright law?

A)The Digital Millennium Copyright Act
B)The 1976 Copyright Act
C)The Communication Act of 1934
D)The Berne Convention

Answer 2

A

Question 3

In copyright law,the term "fair use" means

A)the most commonly used defense against charges of copyright infringement
B)a copyright law provision allowing journalists to quote as much of a copyrighted work as they want in news stories
C)a copyright law provision allowing people to download recordings without asking permission from the copyright holders
D)the defense in a copyright infringement suit when copyrighted music is used in a commercial without permission

Answer 3

A

Question 4

A "bundle of sticks" refers to

A)copyright infringement defenses
B)statutory damages
C)rights controlled by a copyright holder
D)registering a copyright

Question 5

On its newscasts and without permission,a radio station reads stories from the local daily newspaper's front page.The paper likely will be successful suing for

A)violation of the Berne Convention
B)trademark infringement
C)unfair competition
D)plagiarism

Question 6

Usually,the most important consideration when a court determines whether using copyrighted material without permission constitutes fair use is

A)the quantity and quality of a work copied
B)what the copyright holder intended the work to be used for
C)whether the copyrighted work was a work for hire
D)the impact on the copyrighted work's market value

Question 7

Which of the following is defined as an "invented mark" or a made-up word:

A)Arbitrary mark
B)Fanciful mark
C)Suggestive mark
D)Descriptive mark

Question 8

The most distinctive category of trademarks is

A)fanciful marks
B)arbitrary marks
C)suggestive marks
D)descriptive marks

Question 9

A work must be published and distributed to have copyright protection.

Question 10

Kim is a freelance journalist who writes a story about river pollution.Kim's copyright on the story will last for

A)125 years from the date Kim wrote the story
B)Kim's lifetime plus 70 more years
C)28 years,renewable for another 28 years
D)75 years

Question 11

A work is copyrighted when

A)it is created
B)the copyright notice is affixed
C)the creator thinks of the original idea
D)it is registered

Question 12

What is trademark tacking?

A)Allows a trademark owner to slightly alter a trademark without abandoning ownership of the original mark.
B)A form of trademark infringement.
C)Refers to the concept that trademark law takes precedence over domain registration in Internet trademark claims.
D)A form of trademark dilution.

Question 13

The United States joined the Berne Convention in 1886 when many other countries agreed to the international copyright treaty.

Question 14

The United States has a copyright law because

A)individual states adopted copyright laws when the United States was formed
B)the United States adopted the copyright model used in France
C)authors,composers,and other creative artists demanded a copyright law
D)the U.S.Constitution gives Congress the power to adopt a copyright law

Question 15

Sandy,a reporter for KSOX-TV,videotapes a fire in a downtown store and includes a portion of the tape in a story aired on the 10 p.m.news.KSOX

A)can broadcast the tape once and then the tape's copyright reverts to Sandy
B)automatically shares the tape's copyright with Sandy
C)owns the tape's copyright for 10 years before the copyright reverts to Sandy
D)owns the tape's copyright

Question 16

Which of the following marks is the most distinct and therefore most likely to receive trademark protection:

A)Arbitrary mark
B)Fanciful mark
C)Suggestive mark
D)Descriptive mark

Question 17

Which of the following is the backbone of U.S.Copyright law:

A)The Digital Millennium Copyright Act
B)The 1976 Copyright Act
C)The Communication Act of 1934
D)The Berne Convention

Question 18

Which of the following may be protected by copyright

A)scientific discoveries
B)historical events
C)a story published on a newspaper's front page
D)all the above

Question 19

To sue for copyright infringement under the current U.S.copyright law,a copyright holder must

A)register the copyright before the infringement takes place
B)register the copyright before suing
C)mail a copy of the copyrighted work to himself or herself
D)do nothing except hire a lawyer

Question 20

The videotape made by the KSOX crew in the previous question is called a

A)registered work
B)trademarked videotape
C)work made for hire
D)licensed videotape

Question 21

Plagiarism commonly means using others' ideas without attribution.But when someone's work is sufficiently similar to another's creation-copying a novel's plot,using similar fictional characters or replicating another's interpretation of historical facts,for example-plagiarism becomes a copyright law violation.

Question 22

Dilution is using a well-known trademark without permission in a way that disparages the mark.

Question 23

Generic words are eligible for trademark protection.

Question 24

The law does not give copyright protection to words and phrases,including advertising slogans and titles of books,movies,and television programs.These lack sufficient originality to qualify for copyright protection.However,a trademark can protect these creations.

Question 25

Explain the significance/basic outcome of the Supreme Court's Aereo decision (2014).

Question 26

In thanks for all her work on his current research,Prof.Jones gives his graduate student Joan the notes he wrote about his last research project.Jones said to Joan,"These notes are yours to keep." Needing money to complete her education,Joan decides to arrange with a book publisher to publish Jones' notes.Jones is a very famous scientist.A book reprinting Jones' notes likely would sell well.Do Joan and the book publisher have the right to publish Jones' notes?

Question 27

Trademark law does not protect Internet domain names.

Question 28

Explain the "hot news" doctrine and its history.

Question 29

You are chosen to edit the university yearbook.One of your staff members has chosen a 500-word excerpt to use on the yearbook's first page.The excerpt is from a short novel (125 pages)that was published last summer and won every prestigious award given to books in Fall 2013.The excerpt seems to sum up the whole point of the novel,but would be perfect as the introduction to the yearbook.You question your staff member about the excerpt,and she says,"No,I didn't bother to get permission to reprint it.I remember in media law class something was said about not needing permission to use just a little of something." If the novel's author (or publisher)sues the yearbook for copyright infringement,what would your best defense be? Would your defense be successful? Why or why not?

Question 30

The 1976 Copyright Act says copyright protection can be lost if a copyright notice-e.g.,© 2014 Jan Jones-is not used.

Question 31

The federal trademark law is called the Eldred Act.

Question 32

The length of time a copyright lasts is the only important legal difference between an individual and a corporation holding a copyright.

Question 33

A word,name,or symbol must be distinctive to be eligible for a trademark.

Question 34

A news story reporting an automobile accident can receive copyright protection.But the underlying facts-the accident itself-cannot be copyrighted.

Question 35

The U.S.Supreme Court has ruled that the First Amendment allows downloading current music recordings from the Internet without permission.

Question 36

A trademark is a word,name,symbol,or design used to identify a company's goods.

Question 37

Define the Transmit Clause (part of the 1976 Copyright Act).

Question 38

Transformative use is one of the primary defenses used today when arguing fair use.Transformative use is generally fair use if the answer to two questions is "yes"-what are those two questions?

Question 39

The U.S.Supreme Court has listed a number of factors for courts to consider in determining whether a person acted as an employee so that the works were made for hire.List at least 3 of the 6 factors.