Deck 9: Ideas and Information

Question 1

How long is the protection given under the Copyright Act?

Answer 1

Copyright protection is extended to authors and artists for 50 years after the death of the creator of the work.This period is reduced to just 50 years when a corporation is involved,the author is not known,or the work involves such things as movies,photographs,or sound recordings.

Question 2

Distinguish between copyright and patent.

Answer 2

Copyright protects the expression of an idea,not the idea itself.It may protect books,photos,music,and other artistic works.A patent protects the idea,not the expression of the idea.It may protect "any new and useful art,process,machine,manufacture or composition of matter,or any new and useful improvement" of same.

Question 3

Pete is an accountant and Judy works in a bank,but every evening of last year they worked to create a clever computer game.When they approached a publisher,they had no difficulty in gaining the interest of the publisher.Pete and Judy hired a lawyer to draft a licence agreement in which they would give the publisher exclusive rights to sell the game in North America for royalties based on gross sales.When the game was published,the advertising was rather vulgar but acceptable to Pete and Judy.They learned,however,that there was a further change-the villain had been changed and clearly represented a world leader of an Asian country.Pete and Judy were embarrassed and outraged.On these facts,which of the following is true?

A)They have no cause of action because once there has been an assignment of rights,the creators would not have their name on the product and thus no right to sue.
B)They have no protection here since they failed to register their copyright in the game.
C)They would have a cause of action only if the contract provided that there should be no alterations without their consent.Such a change would then be a breach of contract.
D)There is no protection here; a game is not something that can be copyrighted.
E)They have a cause of action (even though there has been a partial assignment)if the modification was made without permission of the creators.

Answer 3

E

Question 4

Provincial legislation gives the right to copy or reproduce a created work to the author or owner and it controls infringements.

Question 5

Which of the following lawsuits is an action not based on copyright law?

A)A company that created computer programs for the mass market sued an end user for making 13 copies of the program for use in its various branches.
B)Lee Garrett and Lloyd Chiate sued Stevie Wonder,alleging that Wonder's song "I Just Called to Say I Love You" was lifted from their song "Hello It's Me."
C)Tim Anderson sued Sylvester Stallone and MGM-UA for $105 million,alleging that the script for Rocky IV was based on a plot he had submitted to MGM-UA.
D)A sculptor sued the company to whom he sold his statue when the company covered it with decorations in celebration of St.Patrick's Day.
E)A company sued an employee/director who took a secret idea from private company meetings and used it for his own profit.

Question 6

When an author assigns copyright to a purchaser,what rights does he or she still have in relation to the work?

Question 7

Fred worked for a software firm,Lernit Inc.,which was developing a computer program to help illiterate adults learn to read.Fred had signed a three-year contract with Lernit,which included a clause in which he promised not to disclose confidential information.After he had worked there for almost two years,Fred was approached by a retired English teacher,Mr.Wright,who was trying to develop a similar program but needed a skilled programmer.Wright offered Fred about twice the salary and a share in the proceeds from the sale if he would join with him and bring with him a copy of Lernit's program to date.Fred did leave Lernit and did bring the requested program,although it was marked "confidential." Within about two months,Mr.Wright and Fred began to market the finished program,a program very similar to that being developed by Lernit.Mr.Wright estimated that Fred and his information saved him about eight months of work.On these facts,which of the following is true?

A)Lernit could sue Fred for breach of contract.
B)Lernit could sue Mr.Wright for inducing breach of contract.
C)Lernit could sue Fred for breach of confidence/trade secret.
D)Lernit could seek an injunction to stop Mr.Wright,even though Mr.Wright himself did not take confidential information.
E)All of the above

Question 8

The information age brought about by computers and the internet has led to significant world change in terms of access to and transmission of information.With respect to law,where has the impact of this change had its greatest influence?

A)trademarks
B)patents
C)industrial designs
D)copyrights
E)circuit topography

Question 9

Believing that he was a very creative person,and knowing he was broke,Sam decided he would attempt to sell some of the songs he continually created.He mostly just whistles his new tunes,but he now wants them to be protected by copyright.Which of the following is not a requirement for copyright protection?

A)The idea on which Sam's songs are based must be original.
B)Sam's songs must be original and not a copy of someone else's work.
C)Sam's songs must be put in some material form.
D)Sam has to satisfy a citizenship or residence requirement.
E)Sam's songs must fall into one of the specified categories of work protected by the Copyright Act (e.g.,literary,dramatic).

Question 10

Ownership of a copyright can be sold.

Question 11

Joe wrote a short story that he was extremely proud of,brought it to you,and asked you how to go about having it copyrighted.What would be your answer?

Question 12

Which of the following is true with regard to the Canadian Copyright Act?

A)The statute expressly provides that computer programs are not copyrightable.
B)Copyright is protected both by statute and in common law.
C)The statute provides for copyright protection only where the copyright is registered and the owner of copyright uses the following form of notice: (c)year of creation,name of creator.
D)The statute provides that the employer owns copyright in a work created by the employee in the course of his employment,in the absence of any agreement to the contrary.
E)It is a provincial statute,with each province having its own unique statute.

Question 13

A person can obtain copyright protection only when the idea upon which the work is based is original.

Question 14

As part of his preparation for a debate on whether the Criminal Code should be amended to include a crime for the unauthorized use of computer programs,Joe photocopied a short essay on the topic to study at home.The essay proved to be an excellent argument for his side-namely,that such a crime should be created.Although some of the other articles advanced different arguments Joe could have used,he was short of time and simply turned in the essay as his own and later used its ideas in the debate.Which of the following is true?

A)There can be no infringement of copyright by a student.
B)Using the essay's arguments in the debate is an infringement of copyright even though they would be expressed in Joe's own words.
C)The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him.
D)Joe cannot use the essay in any way without infringing copyright.
E)There would be an infringement of copyright when Joe used the essay as his own work.

Question 15

Tom,a classmate of yours at Red River College,was employed as a programmer by Mohawk Oil Company about three months after graduation.Because you could understand the program he was working on and because you write well,he called to ask if you wanted to take on the task of writing the manual to accompany the program.Read each of the following separately and indicate which is true.

A)If the company hires you as an employee to write the manual,the company would own copyright unless your employment contract provided otherwise.
B)The owner of the copyright will be whoever first gets his claim of ownership in the copyright office.
C)If you contract as an independent contractor (independent consultant)with the company,and the contract does not specify otherwise,the company owns the copyright.
D)If two persons write the manual together,only one person can have ownership of the copyright.
E)The issue of who owns copyright in the manual depends solely on who writes it.

Question 16

Which of the following is true with regard to copyright law in Canada?

A)Registration of copyright is restricted to published works.
B)Copyright law is governed by the Copyright Act,but an author need not register under the statute to acquire copyright.
C)Everyone can receive copyright protection in Canada for his or her work created elsewhere.
D)A Canadian author must register upon the creation of his or her book in order to acquire copyright protection.
E)Generally,the term of copyright is 50 years.

Question 17

Contrast patent and copyright protection.In your discussion,consider the differences in the nature of the protection,the kind of things protected,the effectiveness of the protection granted,and the objectives of the legislation.

Question 18

Moral rights means that the creator has the right to continue to have his or her name associated with his or her work and to have the integrity of the work preserved (e.g.,not to have the work changed in such a way as to diminish or degrade it).

Question 19

"In Canada,copyright always resides with the author of the material." Discuss the accuracy of that statement.

Question 20

Explain what rights a copyright holder has in relationship to the work.

Question 21

Which of the following is false if an inventor has his or her application for a patent granted?

A)He or she has the right to renew the period of protection at the expiration of the last period.
B)He or she can no longer allege that the invention is a trade secret.
C)He or she has the right to sue anyone who uses the invention without his or her permission.
D)Infringement of the patent could be both a civil and a criminal offence.
E)He or she has the exclusive right to make,use,and sell the invention for a period of 20 years.

Question 22

Which of the following is incorrect with respect to views related to the Copyright Act and Bill C-11?

A)The creators want more protections,allowing them to earn a living from their creations.
B)Large commercial publishers want more restrictions to protect their profits.
C)Users would be the most satisfied with proposed amendments to the Act,as they would have complete freedom to make copies,back up,format shift,time shift,and create mash-ups.
D)Intermediaries are interested in being able to escape any liability for the service they provide.
E)All parties seem dissatisfied with the changes proposed in Bill C-11.

Question 23

John is a college student who spends several hours a day on the internet,surfing for information for school assignments,downloading music,and interacting with friends on social media.He just learned that Bill C-11 will amend the Copyright Act and is searching the Web to find out how he might be affected if this or similar legislation is implemented.Which of the following is not accurate in regard to Bill C-11 and the potential changes John might expect?

A)John will be able to format shift (e.g.,move music from a CD to his iPod)legally for non-commercial purposes.
B)John will be able to time shift (i.e.,record a movie to watch at a later time)legally for non-commercial purposes.
C)John may expect his internet service provider to contact him if he violates copyright and,with a court order,his name and other information could be provided to the copyright holder.
D)John should expect the price of CDs and tapes to go down,as the Copyright Board is expected to remove the current tariffs.
E)John should expect that Bill C-11 will make it illegal to import programs that allow him to overcome digital locks.

Question 24

A computer programmer created a program and put a hard copy of it in his desk.If that program were copied,etched on a chip,embedded in the ROM of a computer,and sold to a mass market,the programmer:

A)would be better off to seek patent protection.
B)could claim copyright based on common law principles.
C)could not claim copyright because there is no provision in the Copyright Act nor case law that would give him protection.
D)could not claim copyright because the program would be part of a machine,which bars it from copyright protection.
E)could claim copyright because there is a provision in the Copyright Act to that effect.

Question 25

Give three examples of matters covered by copyright legislation.

Question 26

Which of the following is true with regard to the law governing patents?

A)In exchange for the monopoly given under the Patent Act,the owner of the patent must disclose the invention in its entirety.
B)A patent will only be granted if the invention has been the subject of a publication of over one year prior to the application.
C)Generally,if a patent is developed by an employee,the employer has the right to obtain the patent.
D)An amendment to the Patent Act allows patent protection automatically.
E)Computer programs can only be copyrighted (i.e.,they cannot be patented).

Question 27

Which of the following is essential for a work to have copyright protection?

A)The idea on which the work is based must be original.
B)The creator of the work must register his or her work in Canada.
C)The subject matter of the work must only fall into either musical or artistic categories.
D)The expression of the idea must be an original product of the author's own skill.
E)The expression of the idea will generally be sufficient.

Question 28

What is the period of protection associated with patent law?

Question 29

What rights are conveyed by the granting of a patent?

Question 30

In Canada,the Copyright Board is a governmental regulatory body established under the Copyright Act.

Question 31

Homer Ford invented a unique pollution-free engine that runs on gas created by chicken "droppings" and old leaves.This fuel also caused no wear on the engine of the car.Homer built a prototype in a workshop in his backyard.Before he seeks publicity,he would like to protect his invention and any business that emerges from the development and sale of his cars.In this regard,which of the following is false?

A)Surnames cannot be registered as trademarks unless the name has already been associated with the product or business.
B)If Homer is granted a patent,he will be giving up any trade secret protection he might have had to protect his ideas.
C)If anyone steals his ideas,Homer could also sue in tort for injurious falsehood.
D)If Homer can succeed in getting a patent on his novel engine,he would have a government-granted monopoly to produce,sell,or otherwise profit from his invention.
E)If Homer obtains a patent,the protection will be for a period of 20 years.

Question 32

Which of the following is the main objection to Canada's Copyright Act?

A)Users have objected to the strict rules and severe remedies in the Act,which have prevented users from pirating movies and music.
B)It does not allow "fair dealing."
C)It was copied from the U.S.law and does not respect the Canadian views of freedom.
D)It is too restrictive in its protection against copying of digital material such as music,games,books,and movies.
E)It does not provide sufficient protection against copying of digital material such as music,games,books,and movies.

Question 33

The provisions of Bill C-11 that would amend the Copyright Act seem to satisfy all parties with a strong interest in copyright issues (i.e.,the creators,the publishers,the intermediaries,and the users).

Question 34

If Weird Al wants to take "Blue Bayou," a song composed by Roy Orbison,and replace only Orbison's lyrics and publish it under the name "Blue by You," a song about domestic violence,which of the following is true? Assume that all are Canadian citizens governed by Canadian law.Read each separately.

A)Orbison's legal representative could not sue if Weird Al's lyrics were different,because the song takes on a whole new meaning.
B)Weird Al could get no protection for his original lyrics unless he sent a copy of his lyrics to the Copyright Office along with his application for copyright.
C)If,before his death,Orbison has signed a licence agreement with Weird Al,allowing him to use the music,there could be no lawsuit against Weird Al no matter how offensive the lyrics turned out to be.
D)Weird Al could get protection for his original lyrics even if they were unpublished.
E)Orbison's legal representative could not sue because Roy Orbison died and thus so did his copyright.

Question 35

Discuss the Copyright Board,its responsibilities,and the tariff related to the copying of music that was levied under the Board's direction.

Question 36

A patent is a form of ________,giving an inventor the exclusive right to produce and profit from his or her invention for a period of twenty years.

A)monopoly
B)trademark
C)literary work
D)passing off
E)copyright

Question 37

Canada's Copyright Act is likely to be amended under Bill C-11.What are the key changes expected with this legislation?

Question 38

Explain the notice-and-notice system provided in Bill C-11.

Question 39

Explain under what circumstances copyrighted material can be reproduced without permission of the copyright holder.

Question 40

Three students chose to work on a directed study project for Planned Parenthood Association.The project included the creation of a computer program for inventory control.The students went to the library to get a book on the topic.The book was in the reserve section,so the students made three copies of the four relevant pages so they could study them.They used the ideas from the book and created an original program and a manual.Later,when the students were preparing a report for their presentation,they decided that the pages in the book exactly expressed the theoretical background they needed for the introduction.They copied those four pages and used them as their own for the beginning of their 20-page report.At the presentation,seven copies of the report were made (with the program and manual as appendices).On these facts,which of the following is true?

A)When the students made three copies of the few pages of the book for study purposes,that in itself was an infringement of copyright; they have no defence.
B)Since the students have created a program and a manual as a project,they would own the copyright on the program and the manual unless they had agreed otherwise.
C)Using the ideas from the book was an infringement of copyright.
D)Because the copied pages were a very small part of the whole report,there was no infringement of copyright.
E)Copying the pages from the book for their report was fair dealing because it was exactly what they wanted to say about the theoretical basis of the report.

Question 41

In Canada,software is protected primarily under copyright law,although there are situations in which patent law will apply to software embedded in a particular invention.

Question 42

Explain how a patent is obtained.

Question 43

Which of the following is not protected by intellectual property law?

A)building designs
B)inventions
C)scientific theories
D)music compositions
E)sculptures

Question 44

The Industrial Design Act is designed to protect distinctive patterns or shapes as opposed to useful ones.

Question 45

Once a patent has been granted in Canada,patents are automatically granted to the Canadian patent holder in other countries that are signatories to the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty on Intellectual Property.

Question 46

Harvard College sought protection for a genetically altered mouse.Which of the following statements would be true?

A)Unless the Patent Act is amended,higher life forms cannot be patented in Canada.
B)The mouse was granted patent protection on the basis that it was not the product of the laws of nature.
C)Unless the Patent Act is amended,higher life forms can only be patented under the doctrine of "sound prediction."
D)The mouse was granted patent protection on the basis that it was the product of inventiveness.
E)The mouse was granted patent protection on the basis that it was a non-naturally occurring composition of matter.

Question 47

Explain how a patent granted in Canada provides certain rights to the patent holder in some other countries.

Question 48

In Canada,patent protection does not come automatically but must be applied for.This process of applying for a patent is:

A)straightforward.
B)inexpensive.
C)complex and expensive.
D)applying by simply filling out a form online.
E)a process that takes twenty years.

Question 49

Since the design of a manufactured product includes both the expression of an idea and a physical manifestation of it,overlapping protection may be available under copyright and trademark and in rare instances under patent.

Question 50

Explain how one might secure a patent in some European countries.

Question 51

Discuss the registration requirements of industrial designs.

Question 52

Which of the following is true with regard to industrial design?

A)Properly marking a protected item may limit an owner's remedies for infringement.
B)To be protected,an industrial design must be registered within five years of being published.
C)The design of a manufactured article such as a sofa is protected by copyright.
D)Industrial design protection lasts for the life of the inventor plus 50 years.
E)A person who creates a unique shape of a manufactured article (with no useful function)can protect his or her design by registering it under the Industrial Design Act,a federal statute.

Question 53

Which of the following is true with regard to patent protection?

A)The patent protection order is an order of the court requiring a person who stole and used a trade secret to make an accounting of all profit realized from its use.
B)Unlike copyright,patent protection does not come automatically.It must be applied for.
C)Patent protection for property lasts for a period of 15 years and is renewable,but it must be used during that time or it will be considered abandoned.
D)Unlike copyright,patents can extend to "every original literary,dramatic,musical and artistic work" produced in Canada.
E)Computer software is never patentable in Canada.

Question 54

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine.Which of the following is true?

A)Both Yung's improvement and the original machine lose their patent protection.
B)Yung could get a patent for his improvement,but has no right to make,sell,or use the original machine.
C)The patent holder of the original machine has the right to make,sell,or use the improvement because its machine is the basis of the improvement.
D)Yung could get a patent for his improvement,and would thereby get an independent right to make,sell,or use his machine with the original machine incorporated into it.
E)Yung cannot get a patent for his improvement because it is not entirely new or novel.

Question 55

What qualifications must be met in order for something to be patentable?

Question 56

What kinds of things are protected as industrial designs?

Question 57

Canwell developed a chemical formula that it began selling.Just over a year later,it applied for a patent.Which of the following statements would be true?

A)Canwell was entitled to a patent,as all necessary elements had been satisfied.
B)Canwell was not entitled to a patent.A corporation cannot seek patent protection,only an individual can.
C)Canwell was not entitled to a patent.A formula cannot qualify as an invention capable of being protected by patent.
D)Canwell was not entitled to a patent.Patent protection can only be extended to mechanical,not chemical,inventions.
E)Canwell was not entitled to a patent.To qualify as "new," the invention must not have been disclosed more than one year prior to application.

Question 58

Unlike copyright,it is the expression of the idea and not the idea itself that is protected in a patent.

Question 59

Which of the following is true with regard to obtaining a patent?

A)To obtain a patent,besides satisfying the provisions of the Patent Act,the inventor must show that the invention was not known or used by any other person before he or she invented it.
B)The inventor's expression of the idea is automatically protected under the provincial Patent Act.
C)If a patent application is denied,the inventor can apply for trademark protection instead.
D)The Patent Act allows a patent to someone for an existing process or machine that is in use but has not been patented.
E)The inventor does not have to send specifications or a model when he sends his application.

Question 60

In an article about the patents held by the Research Services Office at the University of British Columbia,it was written that none of the patents were there because someone set out to invent something new."If we knew what it was that creates innovation,we would all be millionaires ...it's chance,brilliance,an offhand remark ...." We know that to obtain a patent we need to have created an "invention." Which of the following would most likely be a patentable invention?

A)an original artistic work
B)a unique mark identifying a business or product
C)a significant scientific principle
D)a new and useful machine
E)novel information used in a person's business that gives him or her a competitive edge

Question 61

"Official marks" prohibit all others from using marks that might be confused with them,except for those that were pre-existing (as the rights of the owners of pre-existing marks cannot be violated).

Question 62

Discuss how the common law protects intellectual property.In your discussion,indicate why it was necessary to introduce statutes in some areas.

Question 63

Disputes with respect to the registration of trademarks are handled by the Registrar of Trademarks and Trademarks Opposition Board with appeals going to the Federal Court.

Question 64

Explain how trademark protection is obtained.

Question 65

The remedies for infringement included in the Integrated Circuit Topography Act are limited to payment of royalties,payment of damages or profits (including punitive damages),and the seizure and destruction of offending items.

Question 66

When a trademark is registered,it gives protection for a period of 50 years.

Question 67

It is possible for a trademark name to lose its status through common use.

Question 68

Indicate the kinds of things that are covered by trademark legislation.

Question 69

Unique sounds may be registered as trademarks but do not fall under copyright or patent protection.

Question 70

Which of the following is true with regard to trademark?

A)Registration under the Trade-marks Act provides protection for only registered trademarks; unregistered marks and names are protected under the common law tort of copyright.
B)Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada with respect to the particular type of business,or similar products or services as indicated on the application.
C)Registration of a trademark grants the owner protection for life plus 50 years with the right to renew.
D)The distinctive design of a product container cannot be the subject of trademark protection.
E)If a person registers a trademark but later fails to use it,protection of the mark will not be lost; it still belongs to the owner and is protected for the remainder of the period of protection granted.

Question 71

A person can only bring a passing-off action where there is no registered trademark involved.

Question 72

Aunt Juliet wants to know whether or not to register her trademark.Which of the following is true with regard to registration of trademarks?

A)If she does not register her trademark under the Trade-marks Act,she will have no legal protection of that mark.
B)Trademarks can only consist of socially acceptable symbols or logos; words and expressions must seek copyright protection.
C)A registered trademark is required for a passing-off action.
D)Registration of the trademark would give her exclusive use of that mark nationwide with respect to the particular type of business,or similar products or services as indicated on the application even though she is not marketing her wares nationwide.
E)Registration gives her the right to use her mark for her life plus 50 years.

Question 73

Paul and Robert designed a new disk holder that they wanted to introduce to a large market.They decided that the quickest way to have their product recognized would be a symbol that would alert the buyer that it can be used with any computer.After playing with some symbols,they decided to use a slight variation of Apple Computer Ltd.'s symbol of an apple because it was pleasing to the eye and well known.Which of the following is true?

A)If Apple Computer Ltd.sues Paul and Robert for infringement of trademark,it could ask the court for an injunction as well as for damages.
B)It is one of the jobs of the trademark office to alert owners of trademarks when their symbols are being used by others.
C)There could be no infringement of Apple Computer Ltd.'s registered trademark unless Apple Computer Ltd.suffered a loss because of this unauthorized use of its symbol.
D)There could be no infringement of Apple Computer Ltd.'s registered trademark unless the apple symbol used by Paul and Robert was exactly like Apple's symbol.
E)Even if Paul and Robert knowingly forged the trademark,they would only be liable in a civil action and could never be charged with a criminal offence.

Question 74

An application can be brought to have a trademark expunged where there has been misrepresentation with respect to the application or for some other reason the mark doesn't qualify for registration,and this challenge can be brought even years after the trademark has been registered.

Question 75

Indicate three things that cannot be used as a trademark.

Question 76

What protection is given under trademark legislation?

Question 77

Professor Grant developed an integrated circuit that might revolutionize the manufacture of televisions.He knows that he needs to protect his design,so he researches the Integrated Circuit Topography Act.Which of the following statements would be true related to registration of an integrated circuit?

A)Once the professor registers his integrated circuit in Canada,he will have to register in other countries as well but without the benefit of treaties related to integrated circuits.
B)Once the professor registers the integrated circuit,he will have protection for 20 years.
C)The professor must register the circuit board within two years of its first commercial use.
D)Even with registration,an integrated circuit can be copied for commercial,research,and non-profit purposes.
E)Registration takes place through the Industrial Design Division of the Canadian Intellectual Property Office.

Question 78

Under the Trade-marks Act,an application can be made for a proposed trademark where the mark has not yet been used and is not known to the public but will be used sometime in the future.

Question 79

Trademarks can be challenged up to 15 years after registration.

Question 80

Which of the following is false with regard to trademark?

A)Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada with respect to the particular type of business,or similar products or services as indicated on the application.
B)Registration of a trademark grants the owner protection for 15 years with the right to renew.
C)Registration under the Trade-marks Act establishes a presumption that the person registered is the owner of the trademark.
D)The distinctive design of a product container may be the subject of trademark protection.
E)If a person registers a trademark but later fails to use it,protection of the mark will not be lost; it is still that person's and protected for the remainder of the period of protection granted.