Question 1

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

Accepted Answer

Copyright law in Canada is governed by the Copyright Act, but registration is not required to acquire copyright. The Act states that copyright automatically exists upon the creation of the work, and registration is merely a means of recording ownership and providing evidence in court.

Question 2

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

Accepted Answer

The right to control it and prevent copying or use of that product by others.However, the use of small portions of a work for research or private study is permitted, and there is no infringement when portions of a work are reproduced for review, criticism, or news reporting (called "fair dealing").There are other exceptions for libraries, museums, and archives, as well as for reproductions done to facilitate someone who is blind or deaf.

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?

Accepted Answer

E

Question 4

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?

Accepted Answer

A) Lernit could sue Fred for breach of contract as he violated the non-disclosure clause of his contract with Lernit.
B) Lernit could sue Mr.Wright for inducing breach of contract as he knowingly and intentionally hired Fred to bring in the confidential information from Lernit.
C) Lernit could sue Fred for breach of confidence/trade secret as he shared Lernit's confidential information with Mr.Wright, who used it to develop a similar program.
D) Lernit could seek an injunction to stop Mr.Wright, even though he did not take confidential information himself, as he knowingly benefited from the confidential information shared by Fred. 
Therefore, all of the above options are valid.

Question 5

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?

Accepted Answer

The greatest influence of the information age on law has been in the area of copyrights. The ease with which information can now be copied and distributed digitally has raised important questions about the scope and enforceability of copyright law, as well as the potential for infringement on a global scale. The rise of the internet and digital content has also led to the development of new forms of licensing and distribution models, such as Creative Commons, that challenge traditional notions of copyright ownership and control.

Question 6

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.

Accepted Answer

The answer of Contrast patent and copyright protection.In your discussion,...

Question 7

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

Accepted Answer

The answer of When an author assigns copyright to a...

Question 8

Ownership of a copyright can be sold.

Accepted Answer

Copyright owners have the right to transfer or sell their ownership or license to use the copyrighted work to others, either for a specific period of time or permanently.

Question 9

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

Accepted Answer

The answer of "In Canada, copyright always resides with the...

Question 10

Distinguish between copyright and patent.

Accepted Answer

The answer of Distinguish between copyright and patent....

Question 11

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.

Accepted Answer

The answer of Tom, a classmate of yours at Red...

Question 12

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?

Accepted Answer

Joe's actions constitute plagiarism, which is the act of presenting someone else's work as one's own. This is separate from copyright infringement, which occurs when someone reproduces, distributes, or publicly displays someone else's work without authorization. However, in this case, Joe's actions also constitute copyright infringement because photocopying the essay without permission from the copyright holder is unauthorized reproduction. Additionally, using the essay as the basis for his own work in the debate would also be an infringement of copyright, because he would be incorporating someone else's ideas without permission.

Question 13

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).

Accepted Answer

Moral rights are a type of right that grants the creator the right to be associated with their work and to have its integrity maintained.

Question 14

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?

Accepted Answer

The answer of Joe wrote a short story that he...

Question 15

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

Accepted Answer

The answer of Which of the following lawsuits is an...

Question 16

How long is the protection given under the Copyright Act?

Accepted Answer

The answer of How long is the protection given under...

Question 17

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?

Accepted Answer

The answer of Believing that he was a very creative...

Question 18

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

Accepted Answer

Copyright protection is awarded to the expression of an idea, not the idea itself. Therefore, the idea upon which a work is based does not need to be completely original for copyright protection to be granted. However, the specific way in which the idea is expressed (such as through writing, music, or artwork) must be original and creative in order to qualify for copyright protection.

Question 19

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

Accepted Answer

The Canadian Copyright Act specifies that copyright in a work created by an employee in the course of employment is owned by the employer, unless there is an agreement stating otherwise. This is a common provision in copyright laws to clarify ownership in works created in an employment context.

Question 20

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

Accepted Answer

Copyright protection is typically governed by federal law, not provincial or state legislation, ensuring that the author or owner has the exclusive right to reproduce their work and control its use.

Quiz 9: Ideas and Information