Question 1

The United States declined to join the Berne Convention for many years partly because:

Accepted Answer

Some influential U.S. publishers profited by having the freedom to reproduce works copyrighted in certain Berne Convention countries without paying royalties, which was a major reason for the US declining to join the Berne Convention for many years.

Question 2

Under the latest federal law,when may a copyrighted work be photocopied legally?

Accepted Answer

According to the latest federal law, a copyrighted work may be photocopied legally when it is a fair use, which includes single-copy reproduction of some works by libraries. However, it is important to note that fair use is determined on a case-by-case basis and depends on factors such as the purpose, nature, and amount of the copying. Other uses may require permission from the copyright owner.

Question 3

In 2003,the U.S.Supreme Court rejected the contention that an act of Congress extending the duration of copyrights was unconstitutional in the case of:

Accepted Answer

The Eldred v. Ashcroft case was specifically about whether or not the Copyright Term Extension Act (CTEA) was constitutional. The act extended the duration of copyrights by an additional 20 years, which opponents argued was an unconstitutional extension of copyright terms. However, the Supreme Court ultimately ruled in a 7-2 decision that the CTEA was indeed constitutional, upholding the act and the extension of copyrights.

Question 4

In C.B.C.v.Major League Baseball,a 2007 decision,the Eighth Circuit ruled that:

Accepted Answer

The Eighth Circuit ruled that factual information such as players' names and statistics may be used by others without the league's permission. This means that the league cannot claim exclusive ownership over such information and anyone is free to use it without seeking permission.

Question 5

The U.S.Supreme Court has ruled that an unauthorized parody of a popular song may be a fair use rather than a copyright infringement despite the recording artist's intention to make a profit from the parody.The case:

Accepted Answer

The landmark case that established the fair use defense for parodies is Campbell v. Acuff-Rose Music, Inc. In this case, rapper 2 Live Crew created a parody of the Roy Orbison song "Oh, Pretty Woman" without seeking permission from the copyright holder. The Supreme Court held that 2 Live Crew's use of the original song was fair use because it transformed the song into a humorous commentary on the original and did not compete with the market for the original song. This ruling has been cited in numerous subsequent cases involving parodies and has helped establish a strong legal defense for creators who make transformative works.

Question 6

A federal regulation setting up a "broadcast flag" system to curb the copying and sharing of television programs was overturned by a federal appeals court decision in 2005.The case:

Accepted Answer

The "broadcast flag" system was put forth by the Federal Communications Commission (FCC), and the case that overturned this regulation was the American Library Association v. Federal Communications Commission. The court ruled that the FCC did not have the authority to enforce such a regulation.

Question 7

Under current U.S.law,how long does a copyright remain in effect if a work has an individual author?

Accepted Answer

The correct answer is D, the author's life plus 70 years. This is known as the "life plus 70" rule, which means that a copyright lasts for the lifetime of the author plus 70 years after their death. This rule applies to all works published after January 1, 1978. For works published before that date, the duration of copyright varies, but it is generally 95 years from the date of publication or 120 years from the date of creation, whichever expires first.

Question 8

What is the basic fee that must be paid to the U.S.Copyright Office to register a copyright electronically?

Accepted Answer

The basic fee that must be paid to the U.S. Copyright Office to register a copyright electronically is $35.

Question 9

In 2007,a federal appellate court rejected a request by librarians and archivists to allow copying of "orphan works" whose copyright owners cannot be located earlier than it would be permitted by the Copyright Term Extension Act.The case:

Accepted Answer

Kahle v. Gonzales was a case in which librarians and archivists asked for permission to copy "orphan works," which are copyrighted materials for which the owner cannot be located, earlier than is currently allowed by the Copyright Term Extension Act. In 2007, a federal appellate court rejected their request. This case directly pertains to the issue mentioned in the question.

Question 10

The Supreme Court held that publishers may not place older freelance works in electronic data bases without getting permission from the author in the case of:

Accepted Answer

The case of New York Times Co. v. Tasini dealt specifically with the issue of publishers placing older freelance works in electronic databases without getting permission from the author, and the Supreme Court held that this practice was not allowed without the author's consent.

Question 11

After a copyright eventually expires and the work falls into the public domain,anyone may reproduce or distribute the work under a long-established legal principle that the U.S.Supreme Court reaffirmed in the 2003 case of:

Accepted Answer

The case of Dastar v. Twentieth Century Fox Film Corp. reaffirmed the long-established principle that once a copyright expires and a work falls into the public domain, anyone may reproduce or distribute the work without permission. This case was specifically focused on the use of public domain material in a new work without giving credit to the original source.

Question 12

The Supreme Court ruled in 2005 that when a company seeks to encourage and facilitate the illegal sharing of copyrighted works,that company may be held liable for copyright infringements by users of its products or services.The case:

Accepted Answer

The Supreme Court's ruling in MGM v. Grokster established that companies could be held liable for copyright infringement if they actively encourage or facilitate illegal sharing of copyrighted content by users of their products or services.

Question 13

Under the Supreme Court ruling in Community for Creative Non-Violence v.Reid,commissioned artistic works are:

Accepted Answer

According to the Supreme Court ruling in Community for Creative Non-Violence v. Reid, commissioned artistic works are owned by the artist if he/she is an independent contractor. This means that if the artist is an employee of the commissioning party, the employer will own the copyrightable work. However, if the artist is an independent contractor, the copyright will be owned by the artist.

Question 14

Under current U.S.law,a person may copyright all of the following except:

Accepted Answer

Factual information cannot be copyrighted as copyright protection pertains to original works of authorship, not facts or ideas.

Question 15

The concept of unfair competition was first recognized by the U.S.Supreme Court in the case of:

Accepted Answer

The case of International News Service v. Associated Press is considered the landmark case that first recognized the concept of unfair competition. The case centered around the use of news stories gathered by one company (International News Service) and sold to other newspapers without permission or compensation, which the Supreme Court found to be unfair competition.

Question 16

What happens if you don't bother to register a copyright and someone pirates your work five years after it is published?

Accepted Answer

The copyright is still valid, even if it was not registered, but without registration, the remedies available in an infringement lawsuit will be more limited. It is always recommended to register a copyright to have additional legal protection and remedies in case of infringement.

Question 17

The Supreme Court's Sony v.Universal City Studios decision held that home video taping is:

Accepted Answer

The Supreme Court's Sony v. Universal City Studios decision held that home video taping is a fair use if you engage in "time-shifting," that is, you watch the taped programs later and make no commercial use of the tapes. This decision established the principle of "fair use" and allowed people to record television shows and movies for personal use without infringing on copyright laws.

Question 18

International copyrights have been protected at one time or another by:

Accepted Answer

All of these options have been used to protect international copyrights at different times. The Berne Convention is an international treaty that sets the standards for the protection of literary and artistic works, GATT has included provisions for intellectual property protection, the US has signed bilateral treaties with individual countries, and the Universal Copyright Convention is another international treaty for the protection of literary and artistic works.

Question 19

In Harper & Row Publishers v.The Nation Enterprises,the Supreme Court held that:

Accepted Answer

The Supreme Court held that it was not a fair use to publish a 300-word excerpt from a president's memoirs before they were published in book form. This decision established that fair use must be evaluated on a case-by-case basis and that the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the market for the original work must all be considered.

Question 20

In Capitol Records v.Naxos,the New York Court of Appeals held that:

Accepted Answer

The New York Court of Appeals in Capitol Records v. Naxos held that recordings made in England as early as 1932 are protected by the state's common law copyright until 2067, recognizing a significant duration of copyright protection under New York's common law.

Quiz 6: Copyrights and Trademarks