Ch. 13-14

Jim Morrison, the lead singer of The Doors, was pardoned in 2010 for a conviction decades earlier in Florida for engaging in lewd and lascivious behavior in public by exposing his private parts and by simulating masturbation and oral copulation while on stage.

True

The U.S. Supreme Court has held that nude dancing constitutes speech entitled to some degree of First Amendment protection.

True

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

True

Under the Miller obscenity test, an adult DVD might be protected by the First Amendment in one state but not in another.

True

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

World Intellectual Property Organization treaties.

The First Amendment does not protect the

all of the answers are correct.

Trademark law can protect

all of the answers are correct.

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

all of the answers are correct.

Which of the following can be copyrighted?

an ad for Viagra

Under the first prong (ie., part) of the current test used by the U.S. Supreme Court for determining whether material is obscene, the fact finder must consider how the material in question would be viewed by

and average person.

Lenny Bruce was

convicted of performing an obscene comedy routine in Chicago

When zoning sexually oriented businesses, municipalities and cities would be wise to cite to which one of the following as a reason for their zoning decision?

secondary effects

Which of the following can be trademarked?

the product name "Viagra"

American Airlines brought a lawsuit against a travel agency named "A 1-800-AMERICAN." The travel agency brought listings in telephone yellow pages under the heading "Airlines," and, because its name began with "A 1," was generally listed first in the airlines sections, often right before American Arlines. The actual toll-free phone number for the travel agency was 1-800-263-7422 (1-800-AMERICA). The court ruled in favor of American Airlines, enjoying the travel agency from continuing to use the name A 1-800-AMERICAN and the phone number 1-800-AMERICA. The most likely basis for the court's ruling was that

the travel agency's name and phone number created a likelihood of consumer confusion.

A work become protected by U.S. copyright law

when it is created.

Which of the following statement is true about copyright law?

Facts, such as the scores of NFL games, are not eligible for copyright protection.

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

False

If material is available on a social media site, such as Twitter or Instagram, it is in the public domain and can be used with attribution

False

If you attribute a work to the original owner of the copyright, you can't be sued for copyright infringement.

False

Regulations on sexually oriented businesses are nearly always reviewed under strict scrutiny as content-based regulations and struck down as unconstitutional.

False

The NFL has the right to copyright descriptions and facts related to NFL games.

False

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

False

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.

False

The current test for determining whether material is obscene was created in which one of the following U.S. Supreme Court cases?

Miller v. California

The first recorded obscenity prosecution in the United States occurred in

1815.

Which of the following statements about trademark law is NOT true?

A descriptive phrase is an inherently distinctive mark.

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

A newspaper publishing company uses a few stanzas of a poem in an obituary for a poet.

The name of the feminist legal scholar who claims pornography objectifies women and represents "the power of men over women, expressed through unequal sex, sanctioned both through and prior to state power" is

Catharine MacKinnon.

In which of the following U.S. Supreme Court cases did the high court make it clear more than 60 years ago that a category of speech called obscenity is NOT protected by the First Amendment?

Roth v. United States

Which of the following cannot be copyrighted?

a motion picture title

Under the first prong (i.e., part) of the current test used by the U.S. Supreme Court for determining whether material is obscene, the fact finder must determine if the speech in question appeals to

a prurient interest.

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

have the same general theme and express this theme in the same ways.

Under the third prong (i.e., part) of the current test used by the U.S. Supreme Court for determining whether material is obscene, the fact finder must determine if the speech in question

lacks serious literary, artistic, political, or scientific value.

Variable obscenity laws

permit states to ban the sale of certain kinds of erotic material to minors.

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

publish it first, but only once, anywhere in the world.