Question 1

Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission.With respect to songs owned by Natural Recording Company,this is
A)copyright infringement.
B)fair use.
C)licensing.
D)protected expression.

Accepted Answer

Copying and exchanging MP3 music files without permission is a clear violation of copyright laws, and thus, it is copyright infringement. Therefore, option A is the best choice.

Question 2

Joey reproduces Mina's copyrighted work without paying royalties.Joey is most likely excepted from liability for copyright infringement under the "fair use" doctrine if
A)Joey copies the entire work.
B)Joey distributes the copies freely to the public.
C)Joey's use has no effect on the market for Mina's work.
D)Joey's use is for a commercial purpose.

Accepted Answer

According to the fair use doctrine, an individual may use a copyrighted work without permission if it is for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. In order for an individual to be protected under fair use, the use must not have a significant impact on the market for the original work. Since Joey's use of Mina's work has no effect on the market for Mina's work, he is most likely excepted from liability for copyright infringement under the fair use doctrine.

Question 3

The process behind the production of "Fast Pace," a racecar video game,is protected by
A)copyright law.
B)patent law.
C)trademark law.
D)trade secrets law.

Accepted Answer

The process behind the production of "Fast Pace" is protected by trade secrets law because it is a confidential method, formula, or recipe that is used to create and produce the game. Unlike patents, trade secrets do not require registration or public disclosure, and they can be protected indefinitely as long as the information remains confidential. Copyright law only protects original expressions of an idea, such as the game's code, music, or graphics. Trademark law protects words, phrases, symbols, or designs that are used to identify and distinguish goods or services in the marketplace.

Question 4

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

Accepted Answer

As signatories of the Berne Convention, Canada and the United States are obligated to recognize the copyright of each other's citizens. However, because the Berne Convention has been signed by over 170 countries, Doug's copyright should also be recognized by all other signatory countries.

Question 5

RockStar Software,Inc. ,develops a new series of performance-related video games.This software is most likely protected by
A)copyright law.
B)patent law.
C)trademark law.
D)trade secrets law.

Accepted Answer

The answer of RockStar Software,Inc. ,develops a new series of...

Question 6

The idea for "On Your Mark," a computer game featuring racing cars,is protected by
A)copyright law.
B)patent law.
C)trademark law.
D)trade secrets law.

Accepted Answer

The answer of The idea for "On Your Mark," a...

Question 7

Ross e-mails Super Snowboard Company's marketing campaign to Winter Sports Corporation,Super's competitor,without its permission.This is
A)copyright infringement.
B)patent infringement.
C)trademark infringement.
D)a theft of trade secrets.

Accepted Answer

Ross has stolen Super Snowboard Company's confidential information which is a violation of trade secret law. It's important to note that this is not trademark, copyright, or patent infringement.

Question 8

Hawk Corporation begins making and selling motorcycles in 2000 under the mark "Hawk." Ten years later,Hawk.com,Inc. ,a different company selling medical equipment and supplies,begins to use "hawk" as part of its URL and registers it as a domain name.Can Hawk Corporation stop Hawk.com's use of "hawk"? If so,what must the motorcycle-maker show?

Accepted Answer

The answer of Hawk Corporation begins making and selling motorcycles...

Question 9

Diamond Financial Planners employs Ella,who is the firm's most productive performer.Ella,dissatisfied with the commission structure,quits to work for Feldstar Investments,Inc.She takes her list of Diamond clients to induce them to switch to Feldstar.Trade secrets law covers
A)Diamond's list of clients.
B)Ella's performance.
C)Feldstar's commission structure.
D)none of the choices.

Accepted Answer

Trade secrets law covers Diamond's list of clients, as it is considered confidential information that belongs to the company and is not meant to be disclosed or shared outside of the company without proper authorization or permission. Ella's performance and Feldstar's commission structure are not covered by trade secrets law in this case.

Question 10

New Apps Company develops "Browser Lite," software to speed the display of graphics on Web sites.Browser Lite has the most copyright protection under
A)the Berne Convention.
B)the Paris Convention
C)the TRIPS Agreement.
D)the Madrid Protocol.

Accepted Answer

The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights) provides copyright protection for computer programs, including Browser Lite. The Berne Convention and Paris Convention focus more on copyright protection for literary and artistic works. The Madrid Protocol is related to trademarks, not copyright.

Question 11

Chocolate Chip Cookie Corporation (4C)obtains,and gives its employees,a list of the customers of Sugar & Spice Sales,Inc.(3S).Under the law that applies to trade secrets,4C's conduct is actionable provided
A)consumers are confused.
B)4C's conduct is intentional.
C)4C uses the list.
D)4C does not have 3S's permission to use the list.

Accepted Answer

The fact that Chocolate Chip Cookie Corporation obtained a list of Sugar & Spice Sales, Inc.'s customers is not in itself actionable under the law that applies to trade secrets. However, if 4C uses the list without 3S's permission, this could be considered misappropriation of a trade secret and would be actionable under the law. Therefore, the correct answer is D: 4C does not have 3S's permission to use the list. The other options do not necessarily apply in this situation.

Question 12

College Copy Shop (CCS)compiles,copies,and sells reading materials to students on the instructions of their professors,who indicate which parts of which publications should be included.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 sells reading materials...

Quiz 5: Intellectual Property and Internet Law

Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission.With respect to songs owned by Natural Recording Company,this is

Joey reproduces Mina's copyrighted work without paying royalties.Joey is most likely excepted from liability for copyright infringement under the "fair use" doctrine if

The process behind the production of "Fast Pace," a racecar video game,is protected by

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

RockStar Software,Inc. ,develops a new series of performance-related video games.This software is most likely protected by

The idea for "On Your Mark," a computer game featuring racing cars,is protected by

Ross e-mails Super Snowboard Company's marketing campaign to Winter Sports Corporation,Super's competitor,without its permission.This is

Diamond Financial Planners employs Ella,who is the firm's most productive performer.Ella,dissatisfied with the commission structure,quits to work for Feldstar Investments,Inc.She takes her list of Diamond clients to induce them to switch to Feldstar.Trade secrets law covers

New Apps Company develops "Browser Lite," software to speed the display of graphics on Web sites.Browser Lite has the most copyright protection under

Chocolate Chip Cookie Corporation (4C) obtains,and gives its employees,a list of the customers of Sugar & Spice Sales,Inc.(3S) .Under the law that applies to trade secrets,4C's conduct is actionable provided