Deck 14: Copyright and Trademark

Question 1

When determining the similarity of one work to another in an infringement question,some courts use a two-part test that asks whether the two works

A)have the same kinds of characters and have the same kinds of scenes.
B)appeared at about the same time and are in the same medium (e.g.,both are films).
C)have the same general theme and express this theme in the same way.
D)are in the same medium and have the same kinds of characters.

Answer 1

C

Question 2

One reason plagiarism is more common today is

A)The laws prohibiting it have been relaxed.
B)There is so much more mass media today.
C)It is much easier to get access to material today via the Internet.
D)There is more pressure on authors and others to produce material.

Answer 2

C

Question 3

The plaintiff must show that the defendant had access to his or her work when suing for copyright infringement.

Answer 3

True

Question 4

How have U.S.courts ruled regarding the question of whether research findings can be protected by copyright?

A)Research findings can be protected by copyright,so long as the findings are unique
B)Research findings cannot be protected by copyright.
C)Research findings developed by professional scholars can be protected by copyright,but not those uncovered by untrained individuals.
D)Research findings can be protected by copyright regardless of their value and who develops them.

Question 5

The use of copyrighted material by the news media is never considered an infringement.

Question 6

While most copyrighted works are protected for the life of the creator plus 70 years,a category of works called "American Treasures" are protected forever.

Question 7

When Congress passed the Digital Millennium Copyright Act in late 1998,it implemented the

A)European Union Copyright Directive.
B)World Intellectual Property Organization treaties.
C)the Berne Convention treaty.
D)Communications Decency Act.

Question 8

Which of the following would not likely be protected by a trademark?

A)A wax seal on a bottle of liquor.
B)The color of a home insulation product.
C)The design on the pocket of a pair of jeans.
D)All of the above would be protected.

Question 9

The first person to discover a fact (e.g.a Peruvian fruit fly can lay 400,000 eggs)can copyright that fact.

Question 10

While the illegal downloading of copyrighted music has increased dramatically in the past five years,the pirating of motion pictures has decreased sharply due to the technical complexity of 3-D films.

Question 11

Trademark law can protect

A)the name of a product.
B)an advertising slogan.
C)the way a product is packaged.
D)all of the above.

Question 12

The Supreme Court has ruled that the so-called "sweat of the brow" doctrine

A)protects creators of data bases.
B)does not apply in copyright cases.
C)protects artists like painters who handcraft their work.
D)applies only in trademark cases.

Question 13

All Internet users generally agree that copyright laws should be vigorously applied to the Internet.

Question 14

Which of the following is not an exclusive right recognized under copyright law?

A)The right of reproduction of a work.
B)The right of public display of a work.
C)The right of the preparation of derivative works.
D)They are all recognized rights.

Question 15

Which of the following uses of copyrighted material would most likely be regarded a fair use?

A)The use of a few stanzas of a poem in an obituary for a poet.
B)The use by Ford Motor Co.in a TV advertisement of scenes from a feature film in which the hero is driving a Ford Mustang car.
C)The copying by the Royal Copy Center of 22 chapters from various books for sale to college students for use as a text in an astronomy class.
D)The creation and sale of a tee shirt which carries a picture of Chris Evans as Captain America printed on the front.

Question 16

Which of the four criteria applied when a fair use defense is used in a copyright case carries the most weight?

A)The nature of the copyrighted work.
B)The year the work was copyrighted.
C)The effect on the market value of the copyrighted work.
D)The amount of the work used.

Question 17

Courts always regard the use of copyrighted material for educational purposes as a fair use.

Question 18

If a writer sells a magazine the first serial rights to a story she has written,the magazine has the right to

A)publish the story as many times as it wants.
B)publish the story as a serial; that is,break it into several parts and publish each of them multiple times.
C)publish it first,but only once,anywhere in the world.
D)resell the story to another publisher after it uses it.

Question 19

Once a work is created,it is protected by copyright,whether or not it contains a notice or is registered with the government.

Question 20

Which of the following may not be copyrighted?

A)a comic book
B)a rock song
C)a book title
D)a granite sculpture

Question 21

Briefly describe the four criteria that courts use to determine whether a use is a fair use.

Question 22

It is easier for the creator of a fictional character to protect the subsequent use of his or her work than it is for the author of a nonfiction work.

Question 23

What is the "sweat of the brow" doctrine,and why has the Supreme Court rejected it?

Question 24

Under the Digital Millennium Copyright Act,individuals who transmits a copyrighted work on the Internet cannot be held liable for damages if they immediately remove the material as soon as they are told to do so by the copyright holder.