Bailey patents a device that allows its user to pretend to imitate the ability of a superhero copyrighted by Comic Cons, Inc. Bailey and Comic Con enter into a licensing agreement to make and sell the device as a toy to the public. Under the terms of the license, the licensee agrees to pay Bailey royalties of 4 percent. Their contract does not specify an end date. According to a majority of the United States Supreme Court in Kimble v. Marvel Entertainment, LLC, Comic Con can legally stop the payments
A) immediately.
B) never.
C) when the copyright expires.
D) when the patent expires.

Question

Bailey patents a device that allows its user to pretend to imitate the ability of a superhero copyrighted by Comic Cons, Inc. Bailey and Comic Con enter into a licensing agreement to make and sell the device as a toy to the public. Under the terms of the license, the licensee agrees to pay Bailey royalties of 4 percent. Their contract does not specify an end date. According to a majority of the United States Supreme Court in Kimble v. Marvel Entertainment, LLC, Comic Con can legally stop the payments​
A) ​immediately.
B) ​never.
C) ​when the copyright expires.
D) ​when the patent expires.

Quizplus · Accepted Answer

According to the majority opinion in Kimble v. Marvel Entertainment, LLC, a licensee is required to pay royalties for as long as the patent is valid, unless there is an express provision in the contract that allows for royalties to end before the patent expires. Therefore, Comic Con can legally stop the payments when the patent expires.

Bailey Patents a Device That Allows Its User to Pretend