Question 1

"Dawn" is a song included in the sound track of "eDay," a movie produced and distributed by FasTrac Corporation. The song features a digital sampling of a few seconds of the guitar solo of one of George Harrison's copyrighted sound recordings without permission. Does this digital sampling constitute copyright infringement on the part of FasTrac? Explain.

Accepted Answer

The answer of "Dawn" is a song included in the...

Question 2

URL LLC is an Internet service provider. URL is liable for the copyright infringement of a subscriber
A) under all circumstances.
B) under no circumstances.
C) only if URL learns of the infringement and takes no action to stop it.
D) only if the owner of the infringed copyright pursues a claim against URL.

Accepted Answer

URL LLC is liable for copyright infringement of a subscriber only if it becomes aware of the infringement and fails to take appropriate action to stop it, as per the safe harbor provisions of the Digital Millennium Copyright Act (DMCA).

Question 3

College Copy Shop (CCS) compiles, copies, and sells reading materials to students on the instructions of their professors, who indicate which parts of certain publications to include. These include texts published by Deep Topics, Inc. CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations. Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs' intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.

Accepted Answer

The answer of College Copy Shop (CCS) compiles, copies, and...

Question 4

Without authorization, Omar downloads music into his computer's random access memory, or RAM. This is most likely
A) copyright infringement .
B) trademark infringement .
C) patent infringement.
D) not infringement of intellectual property.

Accepted Answer

Downloading music without authorization typically violates copyright laws, as it involves the unauthorized reproduction and distribution of copyrighted material.

Question 5

Information that may be protected as trade secrets includes
A) customer lists .
B) pricing information .
C) marketing techniques .
D) all of the choices .

Accepted Answer

Customer lists, pricing information, and marketing techniques are all examples of information that may be protected as trade secrets. Therefore, the best answer is D, all of the choices.

Question 6

Like most successful companies, Pads & Phones, Inc. (P&P), has trade secrets. The law protects those secrets if
A) the information is protected by patent law.
B) P&P employees do not handle confidential documents.
C) P&P employees never leave the company's employ.
D) the information is unique, treated as a secret, and is commercially valuable.

Accepted Answer

Trade secrets are protected if the information is unique, treated as a secret, and has commercial value.

Question 7

Leigh buys Masters of Business , a copyrighted book. Under the first sale doctrine, Leigh can legally
A) sell the book to another person.
B) republish the book as his own work.
C) control the distribution of other copies of the book.
D) sell a license to create new copies of the book.

Accepted Answer

The first sale doctrine allows the owner of a lawfully purchased copy of a copyrighted work to sell or otherwise dispose of that particular copy, but it does not allow them to reproduce or distribute additional copies.

Question 8

Smart Minds Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to
A) the overall structure, sequence, and organization of the app .
B) the parts of the app that can be read by computers .
C) the parts of the app that can be read by humans .
D) all of the choices .

Accepted Answer

Federal copyright protection extends to the overall structure, sequence, and organization of the app, as well as the parts that can be read by both computers and humans.

Question 9

France and the United States are signatories of the Berne Convention.  Alain, a citizen of France, publishes a book first in France and then in the United States. Alain's copyright must be recognized by
A) France only.
B) France and the United States only.
C) all of the signatories of the Berne Convention.
D) none of the choices.

Accepted Answer

As both France and the United States are signatories of the Berne Convention, Alain's copyright must be recognized by all other signatories of the same convention regardless of where he publishes his book. Therefore, the correct choice is option C.

Question 10

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely
A) copyright infringement .
B) patent infringement .
C) trademark infringement .
D) a theft of trade secrets.

Accepted Answer

Paving Corporation's actions constitute a theft of trade secrets because they have obtained confidential information belonging to a competitor without authorization or permission. Trade secrets refer to any information that is owned or held in confidence by a business or individual that provides economic benefit or competitive advantage, and stealing such information is illegal under the Economic Espionage Act.

Question 11

Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely
A) copyright infringement.
B) a "fair use."
C) legal only on a payment of royalties to Bette.
D) legal only on a payment of royalties to City Orchestra.

Accepted Answer

Distributing a portion of the choreography for educational purposes falls under the category of "fair use." This allows for limited use of copyrighted material for teaching, scholarship, or research purposes without the need for permission or payment of royalties.

Question 12

The process behind the production of "AccountForIt," a suite of business accounting and inventory software, is potentially protected by
A) copyright law.
B) patent law or trade secrets law.
C) trademark law.
D) trademark law and patent law.

Accepted Answer

Patent law can protect the process if it is novel and non-obvious, while trade secrets law can protect the process if it is kept confidential and provides a competitive advantage.

Quiz 6: Intellectual Property

URL LLC is an Internet service provider. URL is liable for the copyright infringement of a subscriber

Without authorization, Omar downloads music into his computer's random access memory, or RAM. This is most likely

Information that may be protected as trade secrets includes

Like most successful companies, Pads & Phones, Inc. (P&P) , has trade secrets. The law protects those secrets if

Leigh buys Masters of Business , a copyrighted book. Under the first sale doctrine, Leigh can legally

Smart Minds Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to

France and the United States are signatories of the Berne Convention. Alain, a citizen of France, publishes a book first in France and then in the United States. Alain's copyright must be recognized by

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork's knowledge or authorization. This is most likely

Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely

The process behind the production of "AccountForIt," a suite of business accounting and inventory software, is potentially protected by