Deck 14: Copyright Infringement

Question 1

An independently created work cannot infringe even if it is identical to the copyrighted work.

Answer 1

True

Question 2

Generally, in copyright infringement actions, experts are not required to testify that the two works are substantially similar. Courts instead rely on the ______ test.

Answer 2

lay/reasonable observer

Question 3

A university has "looked the other way" when its instructors make copies of academic articles written by authors and then distributed them to students so that students won't have to bear the expense of obtaining the articles. Who, if anyone, is liable for copyright infringement? Discuss.

Answer 3

The instructors and the university are liable for copyright infringement. The university is vicariously liable due to its special relationship with the teachers. It can be liable for vicarious infringement even if it did not know infringement was occurring. It is in a position to control the activities of its teachers and should implement policies to protect against copyright infringement. The teachers are liable for direct infringement because they are making the copies of the copyrighted works and distributing them.​

Question 4

Copyright infringement may be found if what is taken is "small" qualitatively, if what is taken is the central idea or ______ of the work.

Question 5

Innocent infringement is a complete defense to an allegation of copyright infringement.

Question 6

Generally, determining copyright infringement in a digital environment is treated the same as determining infringement in more conventional settings.

Question 7

Adam and Zeke, two composers, share the same agent Creative Arts, Inc. Adam left his latest composition with his agent at the offices of Creative Arts. One month later, Adam noticed that Zeke's new song was nearly identical to the one he left at Creative Arts. Can access by Zeke to Adam's song be inferred?

Question 8

If a defendant uses another's copyrighted work and there is a commercial purpose to the use, it cannot be a fair use.

Question 9

To determine copyright infringement, courts follow strict, "bright line" tests. Thus, if more than three bars of music is taken, infringement exists.

Question 10

A plaintiff must have a copyright registration to bring an action for infringement of a work of U.S. origin.

Question 11

To prevail in an infringement action, a plaintiff must prove that the defendant's work is identical to the plaintiff's.

Question 12

To be liable for infringement, a defendant must violate the complete "bundle" of copyright rights, rather than merely violating one right (for  example, the right of reproduction).

Question 13

In an infringement action, a plaintiff may only prove copying by direct evidence.

Question 14

What does it mean to say that copyright infringement can be "subconscious"?

Question 15

To show copyright infringement by indirect evidence, what two elements must a plaintiff show?

Question 16

Copyright infringement actions must be brought in federal court

Question 17

A teacher or educator can copy as much of a copyrighted work as desired, so long as the educational institution is not-for-profit.

Question 18

Kinko's copy shop has been running an ad stating, "Bring your professional photos to use and you can reproduce them at low cost to you!" Is Kinko's liable for infringement of copyrighted photos reproduced at its shops? Discuss.

Question 19

Taylor has quoted extensively from a Stephen King novel in her book. She has attributed the quotes to Mr. King. Will this protect Taylor in a copyright infringement action? Discuss.

Question 20

What two things must a plaintiff prove to prevail in a copyright infringement action?

Question 21

If a successful plaintiff in a copyright infringement action has difficulty proving its actual damages, it may elect an award of ______ damages.

Question 22

A well-known movie critic has shown clips of movies he reviews. Discuss if this action constitutes copyright infringement of the movies.

Question 23

The statute of limitations to bring an action for copyright infringement is ______ years.

Question 24

In his new two and one-half hour movie, director Quentin Tarantino places a scene in a living room in which a television is on, which is showing The Godfather . The scene is displayed for about six seconds and is quite blurry. What defense might Mr. Tarantino assert to a claim of copyright infringement of The Godfather ?

Question 25

Is the defense of laches (an unreasonable delay that causes prejudice to the other party) available in copyright infringement cases? Discuss.

Question 26

Identify the four factors courts consider in determining if a work is a fair use.

Question 27

Why is the use of another's work for commentary, criticism, etc., generally permissible rather than copyright infringement?

Question 28

In determining copyright infringement and whether a use is a fair use, courts give great weight to whether the defendant has made any additions to or made a productive use of the copyrighted work. Such a ______ use weighs against a finding of copyright infringement.