Question 1

Amy Lebrun has thought of a new franchise for bookkeeping systems. She wants to get legal protection for her franchise. Which of the following is the appropriate one?
A)Copyright
B)Patent
C)Industrial design
D)Personality rights
E)None of the above

Accepted Answer

Franchises are typically protected by trademarks, which are not listed as an option here. Therefore, none of the options provided are appropriate for protecting a franchise.

Question 2

Which of the following intellectual property rights does not have statutory protection?
A)Copyright
B)Trade marks
C)Confidential information
D)Industrial design
E)Personality rights

Accepted Answer

Confidential information is not protected by statute, but by common law.

Question 3

Which of the following can be the subject of trade mark protection?
A)A slogan
B)A design for wallpaper
C)A brand name
D)Both A and C
E)All of the above

Accepted Answer

D

Question 4

Jann Letran, a Canadian author, wrote a book called The Death of Pie in 2002. It is about an alligator, a giraffe, and an Iroquois baked together in a pie. Hector Lobos - Villa, a Brazilian author, wrote a book in 1979 about a mongoose, an elephant, and an Amazonian aboriginal baked together in a pie. Letram admits that he was influenced by Lobos-Villa's book. Otherwise, the two books are very different - for one thing, they're written in different languages. Assume that Brazil is not a signatory of the Beme Convention but is a party to the copyright symbol followed only by the author's name. Has Latram infringed Lobos-Villa's copyright?
A)No. Lobos-Villa's registration was ineffective because it left out the date.
B)Yes. It is not necessary to include a copyright notice in Canada.
C)Yes. Lobos-Villa came up with this idea first
D)No. Lobos-Villa's plot idea is not protected by copyright.
E)No. Letram's book is sufficiently different from Lobos-Villa's

Accepted Answer

Ideas themselves are not protected by copyright; only the expression of those ideas is. Since Letram's book is different in its expression, it does not infringe on Lobos-Villa's copyright.

Question 5

Which of the following statements concerning remedies for copyright infringement is not true?
A)The court can order the infringer to pay a certain sum representing financial loss to the copyright owner.
B)The court can grant an injunction requiring the infringer to destroy all illegal copies of the infringed work.
C)Criminal penalties under the Copyright Act are available only as an alternative to an action for damages.
D)The court can order the infringer to pay any profits made by the illegal use of the copyright to the owner.
E)The court can order the infringer to pay punitive damages to the copyright owner.

Accepted Answer

Criminal penalties under the Copyright Act can be pursued in addition to civil remedies, not only as an alternative to an action for damages.

Question 6

Richard Donevagh was a professional photographer on the staff of Magic Photo Inc. Sharon Rock, a famous movie star, hired Magic Photo to take the photos at her wedding. Richard was assigned to the task. Sharon was pleased with the photos and has them in her album. A year later, Richard published a book of his works including one of the photos of Sharon's wedding because it was an award winning photo. What is the name for the area of law involved?
A)Trade mark
B)Patents
C)Personality rights
D)Copyright
E)Torts

Accepted Answer

Copyright protects the exclusive rights of the creator of an original work, including the right to reproduce, distribute, and adapt the work. In this case, Richard Donevagh is the creator of the photograph, and he has the exclusive right to publish it. Sharon Rock does not have the right to publish the photograph without Richard's permission, even though she is the subject of the photograph.

Question 7

Jurgen Prothnow works as a technical adviser for High Tech Corp. part of his duties is to train employees. Jurgen has compiled, over the course of many years, an instruction manual. This manual could be used by others in the industry, and Jurgen wants to publish it - and of course derive the profit from its sale. Which of the following is true?
A)The copyright in this manual belongs to High Tech because Jurgen wrote it in the course of his employment.
B)The copyright in this manual belongs to Jurgen as the author.
C)The copyright in this manual belongs to Jurgen because it is the product of his personal skills and not of any trade secrets or confidential information he obtained at High Tech.
D)The copyright in this manual belongs to Jurgen because it is against the public interest to deprive an author of the right to his own creative output.
E)Both B and D

Accepted Answer

In most jurisdictions, works created by an employee in the course of their employment are owned by the employer, unless there is an agreement stating otherwise.

Question 8

Which of the following is a breach of the copyright?
A)An English teacher makes 40 copies of a poem from a book to hand out to his class for discussion.
B)A history teacher shows her class of 100 students a video of Saving Private Ryan.
C)A historian makes notes of a book in the library amounting to copying nearly 80% of the book contents.
D)A history teacher shows her class of 100 students a video of Saving Private Ryan. Twenty teachers also attend and pay the history teacher five dollars each.
E)Both C and D

Accepted Answer

The answer of Which of the following is a breach...

Question 9

Protection against unauthorized use of a celebrity's distinctive features is available through which of the following?
A)Common law
B)Copyright
C)Trade mark
D)Industrial design
E)Both A and B

Accepted Answer

Common law provides protection against unauthorized use of a celebrity's distinctive features through the right of publicity, which is a type of privacy right.

Question 10

The organization which deals with disputes over assignment of World Wide Web addresses is:
A)SOCAN
B)The UCC
C)The CCLA
D)ICANN
E)The International Registrar of Trade-marks.

Accepted Answer

ICANN (Internet Corporation for Assigned Names and Numbers) is responsible for coordinating the maintenance and procedures of several databases related to the namespaces of the Internet, ensuring the network's stable and secure operation, including dealing with disputes over domain names.

Question 11

Vic Legume wrote a song praising the values of a vegetarian lifestyle. Although he had other successful songs that were recorded, the "Vegetable Medley" was never recorded. A corporation that sold vegetable products approached Vic and he assigned his copyright in the song to the company for use in its advertising campaigns. Vic was unaware that the company was owned by a larger multinational food product corporation. A year later, Vic was horrified to hear his song being used in a satirical fashion in a marketing campaign for pork products. In this situation, which of the following statements is true?
A)By assigning the copyright to the song, Vic lost all control over its use.
B)Vic can stop the marketing campaign as he retains the moral rights in the song.
C)Provided the assignee has not breached the assignment contract, Vic has no remedy.
D)As Vic was the author of the work, the company required his consent to any use of the song.
E)The assignee's use of the song constitutes fair dealing.

Accepted Answer

The answer of Vic Legume wrote a song praising the...

Question 12

What is the length of copyright protection in Canada for a photograph?
A)50 years from the photographer's death
B)50 years from the date of first publication
C)50 years from the date of original negative is made
D)50 years from the date the photograph is first printed
E)50 years from the owner's death

Accepted Answer

The answer of What is the length of copyright protection...

Question 13

Richard Donevagh was a professional photographer on the staff of Magic Photo Inc. Sharon Rock, a famous movie star, hired Magic Photo to take the photos at her wedding. Richard was assigned to the task. Sharon was pleased with the photos and has them in her album. A year later, Richard published a book of his works including one of the photos of Sharon's wedding because it was an award winning photo. Which of the following is true? (Assume for the purpose of the question that there are famous Canadian movie stars).
A)Richard has the right to publish the photo since it was a result of his creative talent.
B)Magic Photo owns the rights to the photo because Richard was employed by it at the time.
C)Sharon has the right to the photo because she paid for it.
D)Richard and Magic Photo have equal rights to the photo.
E)The photo is in the public domain - i.e., no one owns the rights to it.

Accepted Answer

The answer of Richard Donevagh was a professional photographer on...

Question 14

Which of the following can be the subject of copyright protection?
A)A song
B)A piece of software
C)A new type of computer
D)Both A and B
E)All of the above

Accepted Answer

Copyright protection applies to original works of authorship, such as songs and software, but not to inventions like a new type of computer, which may be protected by patents instead.

Question 15

Anna Escorsio writes a new song. Which of the following legal protections can she be granted?
A)Patent
B)Industrial design
C)Copyright
D)Trade mark
E)Trade secret

Accepted Answer

Copyright protects original works of authorship, such as songs, by granting the creator exclusive rights to use and distribute their work.

Question 16

If you were to make the following applications for a trade mark today, which of them would be refused?
A)An "M" in the shape of two large golden arches.
B)"Cold Relief", for a cold remedy
C)"Jean Chretien" tires
D)Both A and B
E)All of the above

Accepted Answer

The answer of If you were to make the following...

Question 17

Which of the following is true about copyright protection in Canada?
A)It requires registration of the work with the federal government in Ottawa.
B)It requires registration of the work through the Post Office.
C)It requires a copyright notice at the beginning of the work along with the date and owner's name.
D)It requires no registration and occurs automatically upon the work being made.
E)Either A or B

Accepted Answer

In Canada, copyright protection is automatic and does not require registration. It is granted as soon as an original work is created and fixed in a tangible form.

Question 18

Which of the following is not, or is not capable of being, a trade mark in Canada?
A)"Harvey's makes a hamburger a beautiful thing"
B)A picture of Pierre Trudeau
C)Eatons
D)Both B and C
E)All of the above

Accepted Answer

A picture of Pierre Trudeau is not capable of being a trademark as it is a depiction of a famous individual, which is generally not registrable without consent.

Question 19

The Premier of Ontario, as of this writing, is a man named Ernie Eves. To capitalize on his notoriety, a hardware company in London, Ontario begins marketing "Eunie's Eavestroughs - Premier Quality". Mr. Eves is not amused. What can he do about this?
A)Nothing. Such is the price of fame.
B)Nothing. The public would not be likely to think that he has endorsed the product.
C)He may obtain an injunction to prevent the company from using his name.
D)Nothing. This is an issue of trade mark law, and Mr. Eves has not registered his name as a trade mark.
E)Nothing. There is nothing offensive about being associated with a hardware product.

Accepted Answer

Mr. Eves can argue that the use of his name without permission constitutes a misappropriation of his personality or an infringement of his right to publicity, potentially misleading the public into thinking he endorses the product.

Question 20

Which of the following is, or is capable of being, a trade mark in Canada?
A)"Canadian Standard Association"
B)The design of a wine bottle
C)A proposed trade mark
D)Both B and C
E)All of the above

Accepted Answer

A trade mark in Canada can be a word, phrase, design, or any combination of these elements. It can also be a proposed trade mark, which is a mark that has been filed for registration but has not yet been approved.

Quiz 14: Intellectual Property and Computer Law

Amy Lebrun has thought of a new franchise for bookkeeping systems. She wants to get legal protection for her franchise. Which of the following is the appropriate one?

Which of the following intellectual property rights does not have statutory protection?

Which of the following can be the subject of trade mark protection?

Which of the following statements concerning remedies for copyright infringement is not true?

Which of the following is a breach of the copyright?

Protection against unauthorized use of a celebrity's distinctive features is available through which of the following?

The organization which deals with disputes over assignment of World Wide Web addresses is:

What is the length of copyright protection in Canada for a photograph?

Which of the following can be the subject of copyright protection?

Anna Escorsio writes a new song. Which of the following legal protections can she be granted?

If you were to make the following applications for a trade mark today, which of them would be refused?

Which of the following is true about copyright protection in Canada?

Which of the following is not, or is not capable of being, a trade mark in Canada?

The Premier of Ontario, as of this writing, is a man named Ernie Eves. To capitalize on his notoriety, a hardware company in London, Ontario begins marketing "Eunie's Eavestroughs - Premier Quality". Mr. Eves is not amused. What can he do about this?

Which of the following is, or is capable of being, a trade mark in Canada?