COPYRIGHT FINAL EXAM

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1. Musician has recently created a musical jingle she hopes to license to a greeting card company for its television advertising campaign. Musician has memorized the lyrics and music that make up the musical composition and has often sung the jingle from memory for a large number of friends at parties. Musician has not written down the lyrics or music, nor has she recorded the musical composition. Is the jingle protected by a federal copyright? (A) No, because Musician has not fixed the jingle in a tangible medium. (B) No, because Musician publicly performed the jingle prior to its registration with the Copyright Office. (C) Yes, because copyright law protects a work upon its creation. (D) Yes, because the musical composition clearly constitutes original

103. The Midnights are a three-piece rock band consisting of Vocalist, Guitarist, and Drummer. The three members of The Midnights co-author the melody, harmony, and lyrics for a musical work entitled Fighty Aphrodite. They then record the musical work and the resulting track becomes a big hit. A year later, Pianist approaches Guitarist and says she wants to record a version of Fighty Aphrodite on piano, and offers a licensing fee of $1,000 for the nonexclusive right to re-arrange the musical work, and to perform, record, and release a piano version of the new arrangement. Guitarist agrees and signs an agreement with Pianist granting her the license. Vocalist and Drummer, however, are opposed to the deal because they know and despise Pianist's work. Vocalist and Drummer file suit to enjoin Pianist from going forward with her project. Will they prevail? (A) No. Co-owners of a work can nonexclusively license derivative works, but they owe their co-owners accounting for any profits generated by the license. (B) No. Co-owners of a work can nonexclusively license derivative works, and the licensor is entitled to keep all the profits generated by the license. (C) Yes. Nonexclusive licensing of a co-owned work requires the assent of more than 50 percent of the owners; one co-owner of three is insufficient. (D) Yes. Nonexclusive licensing of a co-owned work requires the assent of all owners; one co-owner out of three is insufficient.

112. In 1958, Screenwriter completes a script. Screenwriter does not publish the script or register it with the Copyright Office, but does begin talking the script up around Hollywood, and gets some significant buzz going. In 1959, Executive calls Screenwriter and tells him that Executive's company, Studio, wants to purchase all the rights to Screenwriter's script. Screenwriter is thrilled with the offer. He drives over to Studio, enters Executive's office with a copy of the screenplay, places it on Executive's desk, and says, "Here you go. I can't wait to see this baby on the silver screen!" Executive shakes Screenwriter's hand and gives him a check for the full amount of the agreed-upon fee. At no point during the exchange is any written agreement reflecting transfer of the copyright in the screenplay executed. Is the agreement enforceable? (A) Yes. The agreement is enforceable because prior to 1978, transfers of unpublished and unregistered works of authorship could be effectuated by oral agreements and implied by courses of conduct. (B) Yes. The agreement is enforceable because under the 1909 Act, no writing was required to transfer ownership of a copyright. (C) No. The agreement is not enforceable because it was never memorialized in a writing signed by the transferor copyright owner, Screenwriter. (D) No. The agreement is not enforceable because the parties never discussed the copyright in the work.

128. Animator is working on an animated feature film for Studio. He creates several animation cels. Studio owns the copyrights in all these works as works made for hire. The cels feature fanciful anthropomorphic animals in a medieval setting with castles and quaint villages. None of Animator's cels are ultimately used in the final version of Studio's film, though, and Animator takes them home. Animator subsequently creates his own project, an animated short film featuring cartoon human characters that is also set in the Middle Ages. Almost all of Animator's short film consists of his own work, but in a few scenes, he copies and uses background images of a castle and segments of the cels he created for the feature film to fill out the background of some of the cels for his short film. While Animator never screens his short film publicly, an executive of Studio hears that some features of Animator's short film are the same as the ones Animator created for Studio. Studio sues Animator for copyright infringement. Will Studio prevail? (A) Yes. Studio will prevail, because by copying some features of the animated cels owned by Studio, Animator violated Studio's right of reproduction in those works of authorship. (B) Yes. Studio will prevail, because by copying some features of the animated cels owned by Studio, Animator violated Studio's right of public display in those works of authorship. (C) No. Studio will not prevail, because the animation cels that Animator created for Studio never appeared in the ultimate work of authorship for which they were originally intended. (D) No. Studio will not prevail, because Animator used only segments of the original cels in his short film.

17. Arranger has been hired to provide piano accompaniment to Singer on her upcoming concert tour. Singer has had difficulty reaching the high notes of the opening musical composition. Arranger made the musical composition easier to sing by transposing it from the key of C into the key of A. The transposition of the composition from the key of C to the key of A is easily accomplished by applying a simple, familiar formula that renders the transposition with mathematical precision. Does the transposition of the musical composition into the key of A create a derivative work that is protected by copyright? (A) No, because transposing a musical composition from one key to another is a mechanical exercise that is not protected by copyright. (B) No, because the lyrics remain the same. (C) Yes, because the notes of the resulting musical work are different from the original musical work. (D) Yes, because only a person knowledgeable in music would have the ability to transpose a musical composition from one key to another.

59. Techie created a new computer chip in 1990, and he then died in 1995. When will the period of federally enforceable exclusive rights in the structure of the computer chip expire? (A) 2000 (B) 2010 (C) 2065 (D) Computer chips are not considered copyrightable subject matter, so no federal protection is available.

6. Currently, Novelist A lives in San Francisco where he wrote The Great West Coast Novel. One year later, Novelist B, who is based in New York City, wrote and published The Great East Coast Novel. Novelist A subsequently registered the copyright in The Great West Coast Novel, which remains in manuscript form, with the Copyright Office. The contents of both novels are creative and are identical. Neither Novelist knows the other and neither has seen the other's work. Who owns the copyright in the expression of the novels? (A) Both Novelist A and Novelist B own the copyrights in their respective literary works. (B) Novelist A, because The Great West Coast Novel was created first. (C) Novelist B, because The Great East Coast Novel was published first. (D) Novelist A, because The Great West Coast Novel was registered first.

20. French Novelist has written a lengthy murder mystery novel in French. French Novelist has assigned the English translation rights to Translator, who has yet to translate the novel. French Novelist retained all other rights. Without authorization, Publisher, an American, has translated the French novel into English and has published the English version of the novel. Publisher has entered into a settlement with French Novelist, but has refused to settle with Translator. Publisher claims that its translation was a merely mechanical process and does not constitute an actionable adaptation of the French novel. If Translator sues Publisher for copyright infringement, in the majority of jurisdictions the lawsuit will be: (A) Successful, because there is necessarily sufficient originality in Publisher's translation of the French novel into English to constitute an unauthorized derivative work. (B) Successful, because Publisher's translation of the French novel and its publication of the English translation necessarily constitute an unauthorized reproduction. (C) Unsuccessful, because the selection of an English word or phrase automatically follows from the French word or phrase being translated. (D) Unsuccessful, because Translator has yet to create an English translation and, therefore, does not have standing to sue Publisher for copyright infringement.

24. Book Publisher has published a cookbook that contains 50 recipes featuring the use of beets. Each recipe lists the necessary ingredients for the dish as well as directions for preparation and nutritional information, without any creative narrative. Newspaper has included in its food section recipes for three of the dishes found in the cookbook. Although there are slight differences in the listing of ingredients, the recipes published by Newspaper will produce substantially the same final products as those described in the cookbook. Does Book Publisher have a valid basis for bringing a copyright infringement action against Newspaper? (A) No, because the recipes are not protected by copyright. (B) No, because the recipes constitute useful articles. (C) Yes, because the final products are substantially the same. (D) Yes, because the recipes are substantially similar.

27. All Fall Down is a best-selling novel written and published by Novelist in 2015. The novel tells the story of the discovery of an experimental plastic material that is used by a leading architectural firm to construct the world's tallest building in Los Angeles. In the novel, shortly after its completion, the building suddenly melts on the hottest day of the year, smothering thousands of people and shutting down the city for months. In 2017, Studio released The Collapsible Tower, a motion picture about the discovery of an experimental plastic material that is used to construct a Presidential Library in Washington, D.C. In the film, one of the team of scientists who made the discovery is a member of a spy network. The spy has also discovered a solvent that causes the plastic material to immediately liquefy. During the dedication of the Library, the spy applies the solvent to its structural supports, causing the building to melt, smothering the President and her cabinet. Does Novelist have a viable claim that the film infringed the copyright in his novel? (A) No, because only unprotected elements were used in the film. (B) No, because the defendant's work is in a different medium. (C) Yes, because the idea of a melting plastic building was taken from the novel. (D) Yes, because Studio is presumed to have had access to the plaintiff's novel.

39. Blooey is a famous circus clown known for his outrageous and distinctive face makeup. In 1990, Blooey came up with the highly creative design for his face makeup, which he applies to his face without assistance before each of his performances. Blooey typically performs for about an hour, and his makeup — which is composed of durable grease paint — lasts unchanged throughout his performances. Following each performance, Blooey removes his makeup, which takes him about five minutes. Recently, Blooey noticed that a clown performing under the name Reddo was using the exact same face design as Blooey. Blooey sent Reddo a polite email asking Reddo to stop using Blooey's face design, and Reddo responded by admitting that he copied his face design from Blooey but insisting that he would continue to use it. Blooey responded by telling Reddo that Blooey's face design was copyright protected, and Reddo replied that Blooey could not have an enforceable copyright in his face design. Who is right, Blooey or Reddo? (A) Blooey, because his makeup comprises an original creative work of authorship fixed in a tangible medium of expression. (B) Blooey, because courts have consistently held performers' makeup designs to be copyrightable works of authorship. (C) Reddo, because Blooey's work was unfixed. (D) Reddo, because face makeup does not fall into one of the Copyright Act's enumerated categories of works of authorship

49. Professor has been chosen to give the keynote address at his university's commencement. He crafts various written drafts of the address for weeks before the event. When he finally produces a written draft he is satisfied with, Professor spends days committing it to memory. By the time commencement rolls around, Professor knows the address word for word, and he delivers the address at commencement entirely from memory, reciting every word precisely as he had written it down. Student is a big fan of Professor, and digitally records, without permission, the address as Professor gives it, then transcribes the digital audio file into a Microsoft Word file and posts the text on his personal website. Professor learns of this and sues Student for copyright infringement. Will Professor prevail? (A) Yes, Professor will prevail because non-extemporaneous speeches that are composed in a written form prior to their delivery are generally considered copyrightable. (B) Yes, Professor will prevail because his memorization of the text amounts to fixation in a tangible medium of expression. (C) No, Professor will not prevail because spoken word performances do not amount to copyrightable fixations. (D) No, Professor will not prevail because speeches are a form of conversation, which is never copyrightable.

55. Consider question 54. Assume that NoveltyCo releases an oversized, pink-handled magnifying glass just like the one that Judy McGee carries throughout her adventures in Author's novels. In fact, NoveltyCo concedes that it designed the magnifying glass based on the description of McGee's magnifying glass in several of Author's novels. Author contacts NoveltyCo, which did not request permission to create and market the novelty, and demands that it pay her royalties for its use of her creation. NoveltyCo refuses, and Author sues for copyright infringement. Who will prevail? (A) Author. Her copyright in the distinctive Judy McGee character extends also to identifying features of the character's persona, such as the oversized, pink-handled magnifying glass that Judy McGee uses all the time. (B) Author. Her copyright in the distinctive Judy McGee character extends also to anything associated with that character in any context. (C) NoveltyCo. Extending copyright protection to the idea of magnifying glasses would grant Author control over uncopyrightable ideas. (D) NoveltyCo. The magnifying glass is a useful article that cannot be protected by copyright.

64. Dancer is known for her powerful live dance performances, during which she performs impromptu ecstatic free-form modern dance routines, accompanied by performances of public domain classical music. Every one of her dance performances is unique, and none is planned or scripted in any way. Last year, Dancer performed her greatest work to date at Carnegie Hall. The performance was recorded with Dancer's authorization, and copies of the video were released as a DVD titled Dancer at Carnegie Hall — Live! The DVD sold well for a few months, then sales fell off because a much cheaper DVD began to circulate. Titled Carnegie Hall Hosts Dancer, Live!, the second DVD was based on an unauthorized recording of the same event. Dancer sues the makers of the second DVD for infringing her federal copyright in the choreographic work she performed at Carnegie Hall. Will she prevail? (A) Yes. Dancer will prevail because the second DVD infringes her federal copyright in the dance she performed at Carnegie Hall. (B) Yes. Dancer will prevail because the content of the second DVD infringes the audiovisual work fixed in the original DVD authorized by Dancer. (C) No. Dancer will not prevail because her dance was not fixed in a tangible medium of expression. (D) No. Dancer will not prevail because choreographic works that do not communicate a story are not copyrightable.

69. In 1967, Donny Dank penned the melody and lyrics to Sir Surfs-a-Lot. Two years later, the band Big Waves, with Dank's permission, recorded Sir Surfs-a-Lot in its own studio and released it that same year to great success. Assuming that the creators of each work of authorship have retained the rights to them, what are the various federal copyright ownership interests in Sir Surfs-a-Lot in 1969? (A) Dank owns the copyright in the musical work that comprises Sir Surfs-a-Lot, but the Big Waves recording is not protected by federal copyright. (B) Dank owns the copyright in the musical work that comprises Sir Surfs-a-Lot, and Big Waves owns the federal copyright in the sound recording. (C) Dank owns the copyright in the musical work that comprises Sir Surfs-a-Lot and in the sound recording that resulted from Big Waves' recording of it. (D) Dank owns the copyright in the musical work that comprises Sir Surfs-a-Lot. Dank and Big Waves are joint owners of the sound recording.

70. In 1991, Architect drafts the blueprints for Jones Manor, which is then built to his specifications. Architect's design for Jones Manor consists not only of the original exterior structure of the house, but also of a distinctive interior spiral staircase. Architect has reserved the rights in any and all works of authorship generated by his efforts with respect to Jones Manor. Which of the following statements most accurately characterizes Architect's copyright ownership interests? (A) Architect owns copyrights in the blueprints as both pictorial and architectural works, as well as the exterior structure of the house and the interior staircase as an architectural work. (B) Architect owns the copyright in the exterior structure of the house as well as the interior staircase as an architectural work. (C) Architect owns copyrights in the blueprints as a pictorial work, and in the exterior structure and interior staircase as an architectural work. (D) Architect owns copyrights in the blueprints as a pictorial work, and in the exterior structure as an architectural work.

72. Novelist's book Nonesuch is rumored to be his finest work yet, but few can confirm that rumor because Novelist wrote Nonesuch in Cornish, a Celtic language spoken by less than 1,000 people. Novelist is committed to the revival of the Cornish language, and thus he refuses to license translations of Nonesuch. Novelist also takes care to register his copyright in nations around the world, including the United States. Critic has spent his career studying Novelist's work, and is so anxious to read Nonesuch that he learns Cornish and creates his own translation of the novel, which he then posts on his password-protected website to limit access to the translation. However, Publisher breaks the code, makes a copy of the translation, releases an English-language version of Nonesuch, and sells many copies. Both Novelist and Critic are incensed, and each sues Publisher for copyright infringement in federal district court. Who will likely prevail? (A) Novelist will prevail, but Critic will not. (B) Critic will prevail, but Novelist will not. (C) Novelist and Critic will both prevail. (D) Neither Novelist nor Critic will prevail.

89. Worker has served as a product safety inspector for Manufacturer for the past 20 years. During that time, she has taken very little time off for vacation, and last year her boss agreed to let her take all her six months of accumulated vacation time at once. Worker spent those months fulfilling her lifetime dream of writing a novel about a boy and his dog in turn-of-the-century Albania. Recently, Worker's published her novel to great critical and commercial success. Manufacturer wants to cash in on Worker's windfall, and claims that Manufacturer is the novel's author because the novel is a work made for hire. Worker, of course, claims that she is in fact the novel's true author. In the absence of any written agreement addressing the issue, which assertion about authorship is correct? (A) Worker is the novel's author because her creation of the novel occurred outside the scope of her employment. (B) Worker is the novel's author because she was effectively functioning as an independent contractor for Manufacturer while she was on her six months' paid vacation. (C) Manufacturer is the novel's author because Worker was an employee of Manufacturer at the time she wrote the novel. (D) Manufacturer is the novel's author because in the absence of a written agreement, any work of authorship created by an individual in the employ of a corporation is assumed to belong to the corporation.

93. GiantCo recently hired Fuchsia, a well-known muralist, to paint a mural on the interior of its corporate headquarters' lobby, pursuant to an oral agreement. Fuchsia paints the mural using her own design, though she uses materials provided by GiantCo. Fuchsia sticks to her artistic vision, frequently rejecting editorial suggestions from GiantCo as to how the mural should look. When Fuchsia finishes the mural, GiantCo is pleased with the final product and pays her a one-time lump sum, without any tax withholdings. This project is the only time Fuchsia does any work for GiantCo. Who is the author of the mural? (A) Fuchsia is the author. More of the relevant factors that determine her employment status weigh in favor of Fuchsia being an independent contractor rather than an employee. (B) Fuchsia is the author. She used her own design, which is dispositive of her status as an independent contractor. (C) GiantCo is the author. At least one of the relevant factors, whose materials were used in making the mural, weighs against Fuchsia, and this is enough to negate her status as an independent contractor. (D) It is not possible to say unless we know whether GiantCo provided Fuchsia with health insurance benefits.

102. Biggie and Smalls co-write a musical work titled Young and High-Strung. Smalls then performs and records the musical work on his own, and the resulting track becomes a big success in digital download sales. Which of the following statements accurately reflects the copyright ownership rights of Biggie and Smalls in the musical work and the sound recording of Young and High-Strung? (A) Biggie and Smalls each own an undivided interest in the copyrights in both the musical work and sound recording. (B) Biggie and Smalls each own an undivided interest in the whole of the copyright in the musical work, while Smalls owns the copyright in the sound recording. (C) Biggie owns 100% of the copyright in the musical work, while Smalls owns 100% of the copyright in the sound recording. (D) Biggie and Smalls each own an undivided interest in the copyright in Young and High-Strung and share equally in profits from its exploitation.

105. Composer and Lyricist co-write the musical work Temptations, and then they mutually agree to exclusively license Singer to record her own version of the musical work, and to publicly perform Temptations as well. The resulting sound recording of Temptations becomes a big hit, but while Composer likes it, Lyricist thinks it is awful and wants to rescind Singer's license. Over Composer's strong objection, Lyricist's lawyer sends Singer a letter saying that the license is rescinded, and that Singer is no longer permitted to publicly perform Temptations. Singer, on advice of counsel, continues to publicly perform the musical work, and Lyricist sues to enjoin Singer from doing so. Will Lyricist prevail? (A) No. Lyricist will not prevail, because once an exclusive license to perform or otherwise use a copyrighted work of authorship has been granted, it can never be rescinded. (B) No. Lyricist will not prevail, because an exclusive license to perform or otherwise use a copyrighted work of authorship can be rescinded only by unanimous consent of all its owners. (C) Yes. Lyricist will prevail, because an exclusive license to perform or otherwise use a copyrighted work of authorship can be rescinded by any one of its owners. (D) Yes. Lyricist will prevail because one co-owner's desire to rescind an exclusive license is sufficient evidence from which the desire for rescission by all owners may be inferred.

109. Writer pens a novel that Speculator thinks is excellent, and Speculator wants to acquire its copyright. Writer and Speculator orally agree that Writer will sell Speculator the copyright in the novel for $500. After Speculator has paid the $500 to Writer, he learns that Writer subsequently licensed the rights to make a screenplay based on the novel to Studio. Speculator contacts Writer and says, "You can't do that, I own the copyright now." Is Speculator correct? (A) No. Speculator is wrong, because when a creator sells a copyrighted work of authorship, he reserves the right to nonexclusively license uses of that work. (B) No. Speculator is wrong; his agreement with Writer was invalid because it was not memorialized in writing. (C) Yes. Speculator is correct, because the transfer of copyright ownership from Writer means that Writer retains no enforceable rights in the novel. (D) Yes. Speculator is correct, because Writer's conduct was in bad faith.

111. Publisher admires Artist's most recent sculpture, and offers to purchase the copyright in the sculpture. Publisher and Artist orally agree that Artist will transfer to Publisher the copyright in the sculpture for $1,000. Publisher makes out a check to Artist in the amount of $1,000. In the memorandum area of the check, Publisher writes "Fee for purchase of copyright in Artist's sculpture." Artist receives the check signed by Publisher, endorses the back of it, and writes her initials next to Publisher's note in the memorandum area of the check. Is this transfer enforceable? (A) Yes. The transfer is enforceable because it is in writing and signed by the transferee, Publisher. (B) Yes. The transfer is enforceable because it is in writing and signed by the transferor, Artist. (C) No. The transfer is not enforceable because a check is too informal to count as the kind of written memorandum required by the Copyright Act. (D) No. The transfer is not enforceable because the memorandum was written by the transferee, Publisher, rather than the transferor, Artist.

115. AdAgency recently contracted with Musician to deliver a dozen short musical compositions to be used in television commercials for a storage company. AdAgency agreed, in a handshake deal, to pay Musician $600 for his services and an additional $500 for each musical composition used for a commercial on a buy-out basis, under which AdAgency would be given all of the rights, including copyright, in the composition it used in the commercial. Musician delivered to AdAgency 12 musical compositions that he had created a year earlier and AdAgency paid him the agreed-upon $600. After reviewing the compositions, AdAgency selected one for use in the storage company commercial. Musician was paid an additional $500 for that musical composition. Six months later, AdAgency used the same musical composition in a radio commercial for a local bank. Musician has demanded an additional $500 payment from AdAgency for the use of the musical composition in the bank commercial. AdAgency has refused payment on the ground that it "owns the rights to the composition." If AdAgency claims that its rights to the musical composition are based on the fact that the composition was a work made for hire, AdAgency will likely be: (A) Successful, because it obtained the musical composition via an agreement entered into by both parties and the composition was used for a television commercial that falls within the statutory category of audiovisual work. (B) Unsuccessful, because the musical composition was not created pursuant to the agreement. (C) Successful, because Musician was paid for creating and delivering the musical compositions. (D) Unsuccessful, because the composition does not fall within any of the work made for hire statutory categories.

118. In 1950, Novelist signed a publishing agreement with Publisher. The agreement stated that Novelist licensed the copyright in his novel, Holidaze, for the purpose of publishing it "in hardcover, paperback, or other printed form" for the life of the copyright. The agreement contained a clause explicitly reserving in Novelist the right to license the rights in Holidaze for "any other uses." Recently, Publisher partnered with a company that produces eBooks. Publisher provided CompuCo with the text of its most profitable 500 works, including Holidaze, so that CompuCo could reduce them to digital form so that they could then be marketed as eBooks. Novelist was incensed that Publisher did so without seeking a license, and sued Publisher for copyright infringement. Publisher responded that the 1950 agreement allowed it to publish or facilitate the publication of Holidaze in any book form possible, including digital media. Who will prevail? (A) Novelist. The grant of a license to publish a work in analog format never implies a right to publish that same work in digital format. (B) Novelist. This particular grant was narrowly worded to apply only to "printed form," which excludes digital media. (C) Publisher. The grant of a license to publish a work in analog format always implies a right to publish that same work in digital format. (D) Publisher. This particular grant did not exclude digital media, so it should be construed in favor of the licensee.

120. It is 1970 and the artist Avant has a studio from which he sells his artwork and accepts commissions to create paintings. Collector visits the studio, but does not find a painting to her liking. Collector pays Avant $5,000 to paint Sunrise Over Palms, a painting that depicts the rising sun through the leaves of several palm trees. When Collector arrives at the studio a month later to pick up the painting, Avant takes the canvas down from the wall and hands it to Collector, who walks out of the studio to her apartment, where she hangs the painting in her living room. Which of the following is correct? (A) Avant is the creator and author, and Collector is the owner of the copyright in Sunrise Over Palms. (B) Avant is the creator, and Collector is the author and owner of the copyright in Sunrise Over Palms. (C) Avant is the creator, author, and owner of the copyright in Sunrise Over Palms. D) Collector is the creator, author, and owner of the copyright in Sunrise Over Palms.

124. Consider question 123. Assume that, after creating Dirt Wars, Vanessa validly assigns her full copyright interest in the game to GreatGames for $3 million. Which of the following statements correctly describes the state of title in the copyright to Dirt Wars? (A) Vanessa remains a joint owner of the copyright in Dirt Wars, but GreatGames now owns a 75 percent ownership share in the copyright, while she owns only 25 percent of the copyright. (B) Vanessa remains a joint author of Dirt Wars, but GreatGames owns the entirety of the copyright in that work. (C) Vanessa remains a joint owner of the copyright in Dirt Wars, but GreatGames is now the sole author of that work. (D) GreatGames is now the sole author and sole owner of the copyright in Dirt Wars.

126. In 2015, Ed and Sesilia jointly authored a screenplay. They shopped it around to numerous film production studios without success, eventually becoming discouraged, giving up, and moving on to other projects. Recently, Sesilia's friend Jeremy got a job as the assistant to the vice president for development at Tantamount Studios. Jeremy offered to show his boss the screenplay. Sesilia mentioned the opportunity to Ed, who said "Sure, go ahead. I mean, no one wants our stupid screenplay anyway, and I've stopped caring about it since I'm working on some other really cool projects." Sesilia then gives the screenplay to Jeremy, who shows it to his boss, who loves it. Tantamount offers to pay $1 million for a one-year non-exclusive option to produce the screenplay. Jeremy did not tell Tantamount that the screenplay was co-authored, though, so Sesilia alone signs the development deal and cashes the check from the studio. Eventually, Ed hears about the deal through the grapevine and becomes incensed. He calls Sesilia and tells her, "You better give me my half of that cash, or I'll sue." Sesilia contacts you and asks whether Ed is legally entitled to half the money she received for transferring the development option to Tantamount. What should you tell her? (A) Ed has a federal cause of action for accounting to compel Sesilia to split the money with him. (B) Ed has a state cause of action for accounting to compel Sesilia to split the money with him. (C) Sesilia does not have to split the option fee with Ed because he gave her an implied license to do the deal on her own. (D) Sesilia does not have to split the option fee with Ed because he abandoned his interest in the copyright.

15. Pursuant to an exclusive license, Television Station broadcasts a day baseball game live from the local ballpark. The live broadcast is comprised of images from several television cameras located in the ballpark from which the director of the television program selects the images to be included in the broadcast signal. It is not simultaneously recorded. Bar Owner makes a digital video recording of the game and plays it at night for his customers. Has Bar Owner infringed the federal copyright in Television Station's audiovisual work? (A) Yes, because the director's camera location and image selection are sufficiently original. (B) No, because the Television Station did not record the broadcast at the same time it transmitted the game to its viewers. (C) Yes, but only if the broadcast contains a sufficient amount of commentary by an announcer. (D) Yes, but only if the bar is larger than 3,700 square feet.

18. In 1980, Verso conceives and writes the haiku Leaves of Autumn on rice paper in ink. Verso deems the work inadequate and puts it in his desk drawer. One day, Verso's friend Poetaster snoops around in Verso's office and runs across Leaves of Autumn. Poetaster copies the work verbatim onto a piece of note paper, and later publishes it under his own name in Poetry magazine. Verso is incensed that Poetaster has copied his haiku, and sues Poetaster for copyright infringement. Poetaster responds by showing that in 1979, a poet named Quarto wrote a haiku titled Rainbow Leaves that is identical to Verso's haiku. Verso admits that the 1979 and 1980 haikus are identical, but truthfully avers that when he wrote Leaves of Autumn in 1980, he had never seen or heard of Quarto's Rainbow Leaves. Who will prevail in the infringement suit, Verso or Poetaster? (A) Verso will prevail because Leaves of Autumn possesses the necessary degree of creativity sufficient to meet the standard of originality. (B) Verso will prevail because Leaves of Autumn possessed the necessary degree of creativity sufficient to meet the standard of originality, and that creativity originated with Verso. (C) Poetaster will prevail because Verso's haiku was identical to a previously created haiku. (D) Poetaster will prevail because Verso will not be able to prove that Poetaster copied Verso's Leaves of Autumn, as opposed to Quarto's Rainbow Leaves.

2. Musician has recently composed an original musical composition that she recorded by singing the composition herself, and recording her singing it on her personal digital audio recorder. She has not performed the composition for anyone, nor has she shared the recording with anyone. She has not placed a copyright notice on the digital recording. Is the musical composition protected by a federal copyright? (A) Yes, because the musical composition is sufficiently fixed in a copy. (B) Yes, because the musical composition is sufficiently fixed in a phonorecord. (C) No, because the recording is not accompanied by a proper copyright notice. (D) No, because no one can see the musical composition in the digital recording.

23. Composer is the author of a musical play titled Flash, Trash & Cash. The musical play is based on the true story of an aspiring singer who tragically dies in an avalanche. Composer is concerned that Flash, Trash & Cash is also the title of an earlier published fictional novel, protected by copyright, that is based in the milieu of the exotic dance clubs that populate the east coast of the United States. Should Composer be concerned about a possible claim of copyright infringement resulting from her choice of title for her musical play? (A) No, the subject matter of the two works is not substantially similar. (B) No, titles of books are not protected by copyright. (C) Yes, the titles are identical. (D) Yes, the book's title was used prior to the title's use in the musical play.

28. Young Attorney was asked by a client to draft a copyright mortgage agreement, something Young Attorney had never encountered in her short legal career. Young Attorney went to the nearest law library to look for a form book that contained such an agreement. She found a copy of the Entertainment Law Form Book that was published by Publisher. Young Attorney photocopied the pages containing the copyright mortgage agreement, brought them back to her office, inputted the language of the form agreement into her computer verbatim and filled in her client's information. Publisher recently registered the Entertainment Law Form Book with the Copyright Office. Is Young Attorney liable for infringing the copyright in the Entertainment Law Form Book? (A) Yes, because Young Attorney reproduced protected material without the permission of the copyright owner. (B) No, because under the "use doctrine" enunciated by the Supreme Court in Baker v. Selden, the use of such a work in the manner intended by the copyright owner does not constitute a copyright infringement. (C) Yes, because Young Attorney did not own the copy of the Entertainment Law Form Book that was used to make the copies of the form agreement. (D) No, because such form contracts are not protected by copyright.

35. Novelist has published a romantic novel concerning the detailed planning and operation of a dinosaur zoo. The novel begins with the selection of a remote island on which to build the zoo, the creation of a dinosaur nursery, the use of uniformed guards and tall electric fences for security, and the design of automated tours for those attending the zoo. Subsequent to the publication of Novelist's work, Publisher releases a children's book about an adventure park that contains dinosaurs. The adventure park in the children's book is set on a prehistoric island far from the mainland where the dinosaurs are hatched in a nursery. At the park, children ride on automated vehicles alongside tall electric fences that corral the dinosaurs. Throughout the story, uniformed guards accompany the children. Novelist claims that Publisher's children's story infringes the copyright in her romantic novel. Will Novelist's infringement action be successful? (A) Yes, because strikingly similar elements appear in both works. (B) No, because the elements that have been identified by Novelist constitute scènes à faire. (C) Yes, because the children's story is infringing even if the details of the elements in question differ between the two works. (D) No, because the two works are directed at different audiences.

36. B-Loko is a popular energy drink made and owned by B-Loko, Inc., that contains very high doses of both caffeine and sugar. Every can of B-Loko contains the following warning: "This beverage contains an amount of caffeine that significantly exceeds the Food and Drug Administration's Recommended Daily Allowance (RDA) of caffeine. You may experience some adverse symptoms upon drinking this beverage, such as sweating, redness in the face and neck, and an elevated heartbeat. Limiting your caffeine intake will help to ameliorate these symptoms." Recently, a competitor of B-Loko, produced and owned by a company called B-Krazy, Inc., entered the market. This beverage, called B-Krazy, also contains very high levels of both caffeine and sugar, though it also adds a supplement called tuanine that has been said to increase energy. Cans of B-Krazy feature a warning label that uses the exact same language as the B-Loko warning. B-Loko, Inc. sues B-Krazy, Inc., arguing that their B-Krazy, Inc.'s unauthorized use of the warning from cans of B-Loko infringes B-Loko, Inc.'s copyright in that material. B-Krazy, Inc. admits that they copied the warning verbatim, but argues that they cannot be held liable for copyright infringement because the warning is not copyrightable. Who will prevail on this argument? (A) B-Loko, because B-Krazy's use of a very similar name and its admission that it used the warning without authorization show that it had clear intent to infringe. (B) B-Loko, because the warning met the very low standard for copyright originality. (C) B-Krazy, because while the warning did possess some spark of creativity, it was insufficient to meet the high standard for copyright originality. (D) B-Krazy, because the warning lacked any creativity or originality, and thus did not qualify for copyright protection.

52. Cartoonist creates a series of comic books based on a character he calls "SuperCop," who is a bumbling, feckless policeman by day, but morphs into a crime fighter with super powers by night. SuperCop lives in present-day Urbania, a city modeled on Detroit, and typically fights familiar, realistic enemies such as drug kingpins and serial murderers. After the series has become very successful, Cartoonist learns of the recent publication of a comic book series titled SuperCop in Outer Space, which portrays a graphically identical SuperCop character living on a futuristic space station and fighting strange creatures from outer space. Cartoonist contacts Publisher, the company that publishes SuperCop in Outer Space, and complains about its unauthorized use of his character. Publisher responds, "Sure, it's the same character, but it's not infringement because we didn't copy any of your stories, and in our series SuperCop is in a completely different setting." Unconvinced, Cartoonist sues Publisher for copyright infringement. Will he prevail? (A) Yes, Cartoonist will prevail because his original creation of the SuperCop character gives him the right to control all subsequent literary or pictorial representations of police performing extraordinary feats. (B) Yes, Cartoonist will prevail because Publisher's use of SuperCop is a verbatim copy of the attributes of Cartoonist's character that comprises an original work of authorship. (C) No, Cartoonist will not prevail because Publisher's use of SuperCop sufficiently decontextualized the character from its original setting to such a degree that the taking does not appropriate any protected expression. (D) No, Cartoonist will not prevail because graphic characters are not copyrightable.

54. Author pens a best-selling series of mystery novels that feature a central character named Judy McGee. Judy McGee is a lovable amateur sleuth who always manages to stumble onto a big case — and solve it. Her visual appearance is distinctive: she wears blue checked gingham dresses, carries an absurdly oversized, pink-handled magnifying glass to look for clues, and whenever praised, blushes modestly and utters the phrase, "Aw, jeez Louise." Author's novels become famous and the Judy McGee character becomes an admired and well-recognized cult figure. One day, Studio, a film production studio based in Manhattan, announces that it is going to develop and release a film version of a new Judy McGee story that is based on a plot written by a Studio employee, not by Author. The movie will, though, feature a Judy McGee character that faithfully includes all of her distinctive dress, magnifying glass, speech, and characteristics as described in Author's novels. Author, who has not licensed the rights to the Judy McGee character to Studio, is incensed and files for an injunction to prevent Studio from developing the movie, arguing that the use of her character amounts to copyright infringement. Assuming that the case is brought in the Southern District of New York, will Author prevail? (A) Yes, Author will prevail, because literary characters are always copyrightable as subsets of the literary works in which they appear. (B) Yes, Author will prevail because Judy McGee is sufficiently fleshed out with distinctive physical and personality traits to merit copyright protection. (C) No, Author will not prevail, because Judy McGee is merely a plot device and does not constitute the story being told. (D) No, Author will not prevail, because literary characters, unlike characters depicted in graphic form, are not copyrightable.

58. Programmer writes and registers the source code for MacroSoft Bird, a program that allows birdwatchers to catalog their avian sightings. The program is a big success, and soon after its release, a rogue programmer named Pirate releases a similar program. Pirate's program, titled Birds in Flight, allows birdwatchers to catalog their avian sightings, but also provides information that enables birdwatchers to identify different species as well as connect with birdwatchers around the globe. Programmer learns that Pirate created Birds in Flight by cutting and pasting the entirety of the source code for MacroSoft Bird into a file, and then appending additional portions of original source code that enable the other features of the program. Programmer wants to sue Pirate for infringement of the MacroSoft Bird source code as well as the program's bird-cataloging feature. What will the result be? (A) Programmer will prevail with respect to both the source code and the cataloging feature. (B) Programmer will prevail with respect to the source code only. (C) Programmer will prevail with respect to the cataloging feature only. (D) Programmer will fail with respect to both aspects of his infringement suit.

63. Polly Math is a multitalented artist who writes the melody and lyrics to a tune titled Only Me and then records an a cappella version of the tune using her home recording studio. What copyrights does she own, and in what categories of works of authorship are they included? (A) Polly owns copyrights in the melody and lyrics of Only Me, which comprise a single musical work. (B) Polly owns the copyright in the melody and lyrics of Only Me, which comprise a single musical work; and the copyright in the recording of her performance of Only Me, which comprises a sound recording. (C) Polly owns the copyrights in the lyrics of Only Me as a musical work, and the copyright in the melody and her performance of Only Me, which comprise a single sound recording. (D) Polly owns the copyrights in the melody, lyrics, and performance of Only Me, which comprise three separate musical works.

65. Photog takes a photograph of a wet kitten in a sink and prints it on shirts that he sells via the Internet. The sales of the shirts are a great success. Soon, Knockoff starts a website from where he sells an identical shirt, including its unique button holes and an exact copy of Photog's kitten photograph, for a fraction of the price charged by Photog. Photog sues Knockoff for copyright infringement. Will he succeed? (A) Yes. Photog will succeed because by appending an original photograph to a functional object like a shirt, he acquires exclusive rights over the entire shirt as well as what is depicted on it. (B) Yes. Photog will succeed, but only with respect to Knockoff's reproduction and distribution of the photograph contained on the shirt. (C) No. Photog will not succeed because clothing is not copyrightable. (D) No. Photog will not succeed because by appending a copyrightable image to a non-copyrightable useful object, he forfeits copyright protection in the former.

7. Artist has created a new work. It is a five-pointed star cut out of cardboard. Artist has cut a square out of the middle of the star, permitting the insertion of a small photograph. Is Artist's creation protected by copyright? (A) No, because the square cut-out renders the star an unprotected useful article. (B) No, because the star is a common shape. (C) Yes, because the material used to create a work does not affect its copyrightability. (D) Yes, because it is a sculptural work.

73. PoundSigne is a popular French comic strip featuring an original and distinctive main character, Le Mec. PoundSigne's creator has registered all of his comics with the United States Copyright Office, and has licensed Publisher to create an English translation of the comic strip. Publisher does so, with his work consisting only of translating the French-language text in the PoundSigne comics into English, while leaving the graphics untouched. Publisher's translated versions of PoundSigne become very popular in the United States. Eventually, Fan, an overly enthusiastic reader of Publisher's translations, creates a website on which he presents Le Mec's New Adventures, a comic featuring an exact copy of the Le Mec character in new contexts. PoundSigne's creator and Publisher each sue Fan for copyright infringement. Who will prevail? (A) Neither PoundSigne's creator nor Publisher will prevail. (B) PoundSigne's creator will prevail, but Publisher will not. (C) Publisher will prevail, but PoundSigne's creator will not. (D) PoundSigne's creator and Publisher will both prevail.

75. Webcaster streams digital recordings of music over its website. Webcaster has obtained no licenses. Music Publisher owns the copyrights in several musical compositions that have been streamed by Webcaster. If Music Publisher sues Webcaster for copyright infringement, the claimed primary infringement will be: (A) The adaptation right of section 106(2). (B) The public performance right of section 106(4). (C) The public display right of section 106(5). (D) The digital transmission right of section 106(6).

80. "Jumpin' Jack" was a contemporary television children's series about a youthful crime-fighting superhero named Jack that ran from 1992 through 1997. Jack was never seen without his pogo stick, Lightning. Lightning has a distinctive colorful design featuring a racing stripe and tail fins, and a face that allows him to communicate with Jack and speak his famous catch phrase, "Let's get the jump on crime!" BizMo, Inc. is a company that makes updated versions of items from vintage television shows. Last year, it released "Lightning 2017," which it indicated was an updated version of the "Lightning" pogo stick from the "Jumpin' Jack" series. Lightning 2017 featured the same basic color design and features as the original version from the television show, though they were all changed slightly in an effort to make them, in the words of BizMo's PR department, "more up-to-date." And Lightning 2017 also included a button that, when pressed, would utter the famous catch-phrase "Let's get the jump on crime!" in a voice that sounded very close to the actor who voiced the original Lightning (the original actor refused to sign on to BizMo's project out of a sense of loyalty to the original show). BizMo never got permission to create Lightning 2017 from the owner of the rights in the "Jumpin' Jack" series, Producer. Producer has sued BizMo for infringing its copyright in the Lightning character. Will producer's infringement suit succeed? (A) Yes, because Lightning is copyrightable as a sculptural work. (B) Yes, because Lightning is copyrightable as a non-human character. (C) No, because only humans are subject to character copyrights. (D) No, because BizMo did not copyright the Lightning character verbatim.

87. In 1950, tycoon Fritzlinger hired Poet as an independent contractor to compose an epic poem lionizing Fritzlinger's vast fortune. Fritzlinger told Poet that he wanted the poem to comment on Fritzlinger's rise from poverty to wealth, and to compare Fritzlinger's fortune favorably to that of other tycoons. Poet worked on the poem for a month, then showed it to Fritzlinger, who made substantial suggestions for changes, which Poet incorporated in their entirety. Upon completion of the work, Fritzlinger paid Poet for his time and the two parted ways, never to see each other again. Assuming that no written agreement memorialized the relationship between Fritzlinger and Poet, who is considered the author of the copyright in the poem? (A) Fritzlinger, because Poet was an independent contractor. (B) Fritzlinger, because he initiated Poet's work and paid him for it. (C) Poet, because he exercised more creative control over the final version than did Fritzlinger. (D) Poet, because he was an independent contracto

91. Lucy is the CEO of DynaCorp. After a poor earnings report came out, the DynaCorp board of directors demanded that Lucy produce a memorandum identifying the parties responsible for the corporation's declining profits. Lucy went home and penned a long, detailed memo in which she placed blame on the board for DynaCorp's poor recent earnings. Shortly thereafter, Lucy was fired as the CEO of DynaCorp. To get revenge, Lucy posted the memo on her personal web page. The DynaCorp board was embarrassed by Lucy's revelations and filed for an injunction to have Lucy take the memo off her web page. DynaCorp's counsel argues that Lucy's conduct amounts to copyright infringement because DynaCorp is the author of the memo and did not authorize its reproduction or display. Will DynaCorp prevail? (A) Yes, DynaCorp will prevail because anything Lucy writes during her employ by DynaCorp is considered a work made for hire. (B) Yes, DynaCorp will prevail because the work product of corporate officers is considered a work made for hire of which the corporation is the author. (C) No, DynaCorp will not prevail because CEOs are effectively independent contractors and their work product is not work made for hire. (D) No, DynaCorp will not prevail because business-related memos are insufficiently creative to merit copyright protection.

96. Screenwriter recently penned a script about two star-crossed lovers that is set in the Australian outback. In order to make the motion picture as authentic as possible, Screenwriter hires his Aussie friend Haul Pogen to advise him on the details of life in the outback. After Screenwriter finishes a nearly final draft of the script, he sends it to Haul, who returns extensive comments about how to make the settings, scene details, and characters' dialogue consistent with life in the Australian outback. Screenwriter looks at the revisions and says, "Haul, this is great, but I'm swamped. Tell you what: I'll double your fee if you just put these in yourself." Haul does as requested, and makes substantial revisions to the script, even including a new two-page scene. Screenwriter approves the changes, pays Haul double his one-time lump sum fee, and says, "Thanks, buddy, I'll make sure you're listed as a consultant in the credits." Haul responds, "That sounds great. It was my pleasure to chip in a bit." Screenwriter sells the completed script to Studio, which produces a successful motion picture based on the script. Haul soon after decides that he is entitled to half of the fee Screenwriter received for the script, claiming that he is joint author of the script. Is Haul correct? (A) No. Haul is not a joint author because there is no written agreement with Screenwriter identifying him as one. (B) No. Haul is not a joint author because at the time of his collaboration with Screenwriter, neither he nor Screenwriter intended that he would be a joint author. (C) Yes. Haul is a joint author because he contributed substantial creative material to the final version of the screenplay. (D) Yes. Haul is a joint author because at the time he created material for the script, both he and Screenwriter intended the material to be added to the script.

99. Worker and Slacker decide to co-author a screenplay. They sign a contract beforehand stating that the product of their collective labor will be regarded as a joint work of authorship for the purposes of copyright analysis. The agreement does not specify how any proceeds from the potential sale of the script will be divided. Worker slaves away on the screenplay for six months, and during that time produces 44 scenes. By contrast, Slacker works hardly at all and ends up contributing only a single original three-page scene to the final product, which is a screenplay consisting of 45 scenes. Producer reads the script, loves it, and offers to buy it from Worker and Slacker for $1 million. Worker and Slacker then dispute the appropriate split of the fee in court. Worker claims that he should get almost all of the money because he did almost all of the work. Slacker responds that the contract requires that as joint authors, Worker must split the proceeds equally. How will a court rule in this dispute? (A) Slacker will prevail. Judges regard any contribution by a co-author as deserving an equal distribution of profits realized from the use or licensing of the screenplay as a matter of law. (B) Slacker will prevail. As a contractually defined joint author of the work of authorship, he owns the work as a tenant in common with Worker, and this entitles him to an equal share. (C) Worker will prevail because he did significantly more work than Slacker. (D) Worker will prevail because courts have ruled that profits from jointly authored works should be split in proportion to the amount of work each author invested in them.

113. ShoeCo recently hired Designer to create a logo for its new line of running shoes. Designer created a distinctive logo design that met the approval of ShoeCo. Thereafter, the two parties executed a valid written agreement assigning all of Designer's rights in the logo to ShoeCo, including all copyrights, in exchange for valuable consideration. Soon, BigCorp decided it wanted the logo for use in connection with its multinational enterprise. BigCorp offered ShoeCo a substantial fee in exchange for an assignment of all rights in the logo. ShoeCo accepted the offer and the two parties signed a written agreement assigning the copyright in the logo to BigCorp. BigCorp started to use the logo in connection with its products. This new use came to the attention of Designer, who is a staunch opponent of multinational companies such as BigCorp. Designer became incensed and now seeks an injunction preventing BigCorp from using the logo. Will Designer prevail? (A) Yes. Designer will prevail because an assignment of copyright does not include the right to assign the copyright to other parties. (B) Yes. Designer will prevail because, although copyright assignees can assign those copyrights to other parties, they retain a right of first refusal with respect to those third-party assignments. (C) No. Designer will not prevail because ShoeCo, as the assignee of all rights in the logo, is free to assign its copyright to whomever it chooses. (D) No. Designer will not prevail because the assignment from ShoeCo to BigCorp was invalid.

116. Consider question 115. Assume that Musician decides not to sue AdAgency for breach of contract and instead opts to sue for copyright infringement of the musical composition. Musician will likely be: (A) Unsuccessful, because AdAgency acquired the copyright to the musical composition through a valid assignment. (B) Successful, because AdAgency never acquired a lawful right to use the composition. (C) Unsuccessful, because Musician's course of conduct with AdAgency evidences the grant of a nonexclusive license from Musician to AdAgency to use the musical composition. (D) Successful, because even if an implied nonexclusive license was created, it encompassed only the use of the musical composition in a television commercial for a storage company, not a radio commercial for a bank.

119. It is 1970 and the artist Avant has a studio from which he sells his artwork and accepts commissions to create paintings. Collector visits the studio and finds a painting, Sunrise Over Shatto, to her liking and pays the asking price of $5,000. Avant takes the canvas down from the wall and hands it to Collector, who walks out of the studio to her apartment, where she hangs the painting in her living room. Which of the following is correct? (A) Avant is the creator and author, and Collector is the owner of the copyright in Sunrise Over Shatto. (B) Avant is the creator, and Collector is the author and owner of the copyright in Sunrise Over Shatto. (C) Avant is the creator, author, and owner of the copyright in Sunrise Over Shatto. (D) Collector is the creator, author, and owner of the copyright in Sunrise Over Shatto.

121. It is 2018 and the artist Avant Jr. has a studio from which he sells his artwork and accepts commissions to create paintings. Collector visits the studio and finds a painting, Moonlight Over the Bay, to her liking and pays the asking price of $5,000. Avant Jr. takes the canvas down from the wall and hands it to Collector, who walks out of the studio to her apartment, where she hangs the painting in her living room. Which of the following is correct? (A) Avant Jr. is the creator and author, and Collector is the owner of the copyright in Moonlight Over the Bay. (B) Avant Jr. is the creator, and Collector is the author and owner of the copyright in Moonlight Over the Bay. (C) Avant Jr. is the creator, author, and owner of the copyright in Moonlight Over the Bay. (D) Collector is the creator, author, and owner of the copyright in Moonlight Over the Bay.

122. It is 2018 and the artist Avant Jr. has a studio from which he sells his artwork and accepts commissions to create paintings. Collector visits the studio, but does not find a painting to her liking. Collector pays Avant Jr. $5,000 to paint Sunset Boulevard, a painting that depicts the setting sun as it illuminates a major urban thoroughfare. When Collector arrives at the studio a month later to pick up the painting, Avant Jr. takes the canvas down from the wall and hands it to Collector, who walks out of the studio to her apartment, where she hangs the painting in her living room. Which of the following is correct? (A) Avant Jr. is the creator and author, and Collector is the owner of the copyright in Sunset Boulevard. (B) Avant Jr. is the creator, and Collector is the author and owner of the copyright in Sunset Boulevard. (C) Avant Jr. is the creator, author, and owner of the copyright in Sunset Boulevard. (D) Collector is the creator, author, and owner of the copyright in Sunset Boulevard.

123. Vanessa is a talented video game developer. GreatGames is a video game developer that sometimes retains Vanessa's services as an independent contractor to work on projects they are developing. Recently, one of GreatGames' employees, Angie, tells Vanessa that GreatGames has tasked her with developing a game "that is set in a futuristic wasteland with players competing to survive." Vanessa is intrigued by the idea, and she and Angie begin working on the game. They agree that the game will be called Dirt Wars, and that its premise will feature players competing to survive in a post-apocalyptic setting. Vanessa composes about 75% of the code for the game, while Angie composes the rest. Throughout the creative process, Angie and Vanessa discuss the game's development, each making substantive contributions to it. GreatGames is very pleased with the result, and they decide to release and promote Dirt Wars as part of the GreatGames catalogue. Dirt Wars is a huge success, and earns $10 million in profits. GreatGames tells Vanessa about this in an email, and says "Thanks for helping us out. We want to compensate you fairly, so here is a check for $500,000; this is the same amount we paid Angie for her contribution. This represents the entirety of your compensation for your contribution to Dirt Wars." Vanessa feels she has been undercompensated for her contribution to Dirt Wars, and asks you what she was entitled to earn for the success of the game under copyright law. What should you tell her? (A) Vanessa should receive three times what GreatGames paid Angie because Vanessa wrote three times as much code as Angie. (B) Vanessa should receive half the profits generated by Dirt Wars because she is a joint author of the game along with Angie. (C) Vanessa should receive half the profits generated by Dirt Wars because she is a joint author of the game along with GreatGames. (D) Vanessa's compensation is whatever GreatGames wants to pay her, since she created the game as a work made for hire for GreatGames, which alone owns the copyright in the game.

129. Joe buys a copy of the popular video game Bonestorm to play on his personal computer. Joe's roommate, Bo, who also enjoys video games, notices Joe's CD-ROM copy of Bonestorm lying around their shared apartment. One day when Joe is out, Bo takes the Bonestorm CD-ROM, places it on his own personal computer, and plays a few games. Although Bo does not install the application onto his hard drive, during his game play, a copy of the object code of the Bonestorm program is made in the RAM of his computer. Joe later finds out what Bo did, and reports him to SoftCo, owner of the copyright in the Bonestorm object code. SoftCo then brings a copyright infringement suit against Bo. Will SoftCo prevail? (A) No. SoftCo will not prevail because the object code placed in RAM is temporary and evanescent, and thus does not count as a copy. (B) No. SoftCo will not prevail because the Digital Millennium Copyright Act held that RAM copies of object code can never violate a copyright owner's exclusive right of reproduction. (C) Yes. SoftCo will prevail because Bo's reproduction of the object code in the RAM of his computer violates SoftCo's reproduction right in that object code. (D) Yes. SoftCo will prevail because Bo's reproduction of the object code in the RAM of his computer violates SoftCo's adaptation right in that object code.

14. Artist has created a digital artwork that appears on a large high definition plasma screen installed in a local public museum. The screen features a random combination of images sent to it by 10 computers, each with a different bank of images contained on its hard drive. Photographer has taken unauthorized photographs of the images appearing on the plasma screen and sells them in his art gallery. Artist sues Photographer for copyright infringement. Artist's lawsuit will be: (A) Unsuccessful, because the images comprising the digital artwork are not fixed in a single object or device. (B) Unsuccessful, because the work has been dedicated to the public domain. (C) Successful, because each image is capable of being reproduced. (D) Successful, because the photographs taken by Photographer have fixed the images in a tangible medium.

29. Author wrote Shadow Land, a biographical literary work about the life of Frances Farmer, an independent, free-spirited actress who fought against the conventions of her time. In Shadow Land, Author described how Farmer was institutionalized by her mother, underwent a lobotomy, and emerged from the psychiatric facility with her spirit broken. Shadow Land was marketed as the "true story" of Frances Farmer. After Shadow Land was published, Producer produced The Farmer Story, a motion picture based on the life of Francis Farmer. The motion picture presented a dramatization of Farmer's lobotomy and its aftermath that closely resembled the description of those events in the literary work. Author has now sued for copyright infringement. Producer is defending the lawsuit on the basis that she only used the relevant facts that were published in the literary work. Author argues that the lobotomy and its aftermath were not facts, but fictional elements that Author had created. Will Author be successful with his copyright infringement claim? (A) No, because facts are not protectable by copyright. (B) Yes, because fictional elements are protectable by copyright. (C) No, because fictional elements that are presented by the copyright owner as fact will be treated as though they were facts. (D) Yes, because the elements at issue were important plot points in the literary work.

3. Poet wrote a poem honoring the first butterfly of the season. After writing the poem by hand in a notebook, Poet placed it in a desk drawer. A month later, Poet recited the poem to members of his local literary society who unanimously commented that the poem was poorly crafted. That evening, in a fit of embarrassment, Poet ripped the page containing the poem from the notebook and burned the page in his fireplace. After Poet burned the poem, is there still a valid federal copyright protection in the poem? (A) No, because the poem was poorly crafted. (B) No, because the poem is no longer fixed in a tangible medium of expression. (C) Yes, because the poem had been fixed in a tangible medium of expression. (D) Yes, because Poet believed the poem had literary merit at the time he wrote it.

32. Two years ago, Millennium Studios released its motion picture FangTastic!. The film deals with a modern day vampire who lives in a trailer park and details her efforts to have a romantic relationship with a human. Her lifestyle is chronicled throughout the motion picture: sleeping in a coffin during the day, inability to withstand sunlight, living off the blood drained from the necks of humans with her long fangs, superior physical strength, aversion to silver, garlic and crosses, and the threat of death via stake through the heart. Recently, De Marco Studios has produced Casket Capers, a motion picture that deals with a successful married mortician who is a modern-day vampire and uses his fangs to drain the blood from the bodies entrusted to his care. The extremely strong mortician must sleep in his coffin during the day, cannot attend funerals during the day due to his inability to withstand sunlight. He has an aversion to silver, garlic and crosses. The only way the mortician can die is if someone drives a stake through his heart. Millennium Studios has filed a lawsuit against De Marco Studios for copyright infringement. Will the lawsuit succeed? (A) No, because De Marco Studios has taken only ideas from the plaintiff's motion picture. (B) Yes, because the elements at issue are nearly identical. (C) No, because both motion pictures are part of the vampire genre. (D) Yes, because the plaintiff's FangTastic! used the elements at issue before they were used by defendant's Casket Capers.

38. Grant Jones robbed several banks in the 1990s before disappearing. He was recently captured when a tourist taking a quick, informal family picture with her cellphone in Times Square happened to accidentally capture a clear image of Jones standing on a street corner. The FBI used the tourist's picture, with her permission, to feature Jones in its Ten Most Wanted List, and this led to Jones' capture in Brooklyn within a month. Soon after, a major film and television production studio, came out with "Most Wanted: On the Trail of Grant Jones," a made-for-TV movie that chronicled the pursuit and capture of Jones. In making "Most Wanted," the studio created a highly accurate recreation of the now-famous image of Jones incidentally captured by the tourist. To re-create the tourist's photo, the studio had the actor portraying Jones in its film stand on the same street corner in New York City at the same time of day, and hired other actors who posed in the same position as the individuals featured in the tourist's photograph. The result was a photograph that looked very much like, though was identifiably different from, the tourist's photograph. The tourist sued the studio, arguing that its unauthorized recreation of the photograph infringed her copyright in the work. Who will prevail? (A) The tourist, because courts have repeatedly held that photographs are copyrightable subject matter. (B) The tourist, because the studio intentionally sought to create a photograph that was as close to the tourist's photograph as possible. (C) The studio, because it copied only unprotected facts from the photograph, not copyright-protected expression. (D) The studio, because it did not make a verbatim copy of the tourist's photograph.

43. After submitting her latest manuscript for publication, Author decides that she wants to change the ending. She writes a letter to Publisher outlining the ending and asking that Publisher not send the book to press until she revises the manuscript. Under pressure to get the book out, Publisher releases the manuscript in its original form, but includes Author's letter verbatim as an epilogue. Author, who never gave permission for Publisher to publish anything but the manuscript, is angry and sues Publisher for infringing her exclusive rights in the letter. Will she prevail? (A) No, because letters are expository, and thus do not count as "literary works" as defined by the Copyright Act. (B) No, because by sending the letter to Publisher, Author granted an implied license to publish its contents. (C) Yes, because the publication of the letter violates her exclusive rights in a copyrightable work of authorship. (D) Yes, because the final chapter included in the letter is literature, and this makes the letter sufficient to meet the definition of "literary works" in the Copyright Act.

46. Employee was recently fired from Company, and is none too happy about it. Late one night, he sneaks into Company's headquarters with revenge on his mind. He rifles through Company's files and finds several documents: a brochure containing information about Company's secret new product line that it is planning to release in two months; internal memos discussing Company's strategy to bilk employees out of health care; and a video from a Christmas party, produced by a professional videographer as a work made for hire, that shows Company executives sloppily drunk. Employee posts all this material on his website, and a scandal ensues. Company sues Employee for, among other things, copyright infringement, and seeks an injunction ordering Employee to take the offending material offline. Will Company succeed, and if so, with respect to which documents? (A) Company will succeed, but only with respect to the brochure and the video, because the memo is not copyrightable subject matter. (B) Company will succeed, but only with respect to the brochure and the memo, because the video is not copyrightable subject matter. (C) Company will succeed with respect to the brochure, the memo, and the video, because all of them are copyrightable subject matter. (D) Company will not succeed with respect to any of the documents because none of them amount to copyrightable subject matter.

84. Author's new novel Mysterious Friendship is due to come out on Friday, and Frontera Bookstore is planning a big event to celebrate the book's release. Author's sworn enemy, Envy, breaks into Frontera Bookstore on Thursday night, absconds with all the copies of Author's novel that the bookstore was planning to sell at the event, and then publishes the last chapter of the book online in order to ruin the novel's surprise ending. Frontera and Author both sue Envy for copyright infringement. Will they prevail? (A) Yes, both will prevail. (B) Frontera Bookstore will prevail, but Author will not. (C) Author will prevail, but Frontera Bookstore will not. (D) No, neither Frontera Bookstore nor Author will prevail.

57. Animator created the Mice-a-Roni comic strip in the mid-twentieth century. Mice-a-Roni featured Mikey the Mouse, a lovable anthropomorphic mouse, as its main character. Assume for the purposes of this question that the Mikey character is clearly copyrightable. Animator's Mice-a-Roni comic strip enjoyed some success and ran in newspapers for about 20 years, when it fell out of popularity and Animator ceased to produce it. Animator did not include a copyright notice on his comic strip during the first few years that he produced Mice-a-Roni, but as the series began to enjoy some popularity, he started to include the necessary formalities. As a result, the earliest five years of the Mice-a-Roni comics have fallen into the public domain. The subsequent 15 years of the comic strip have contained a copyright notice. One day, Animator learns that Publisher has released a book titled Classic Comix of the 50s Re-imagined in which he portrays various old comic characters, including Mikey the Mouse, in a modern setting. Publisher did not seek permission to use the Mikey character. Animator sues Publisher for copyright infringement. What result? (A) Animator will prevail. As long as a single episode of Mice-a-Roni is protected by copyright, the Mikey character is protected by copyright as well. (B) Animator will prevail. The copyright protection period for graphic characters is limitless. (C) Animator will not prevail. Characters fall into the public domain when the work of authorship in which they initially appeared falls into the public domain. (D) Animator will not prevail. A court would regard Animator's failure to comply with copyright formalities during the early years of Mice-a-Roni as a form of laches, which means Animator forfeits any right to enforce his copyright in Mikey the Mouse later on.

60. User is the owner of an authorized copy of DethKlok 2000, a popular new video game, and proceeds to play it on his home computer. Any time User activates the game, his computer automatically copies several of the files, written in object code (machine language), that comprise DethKlok 2000 into its Random Access Memory (RAM). Does this duplication of the object code that comprises DethKlok 2000 amount to copyright infringement? (A) Yes. The unauthorized duplication of any literary work, including a computer program written in object code, infringes the copyright in that work. B) No. While computer source code may be copyrightable, a computer program written in object code is not, so this copying is not actionable. (C) No. This kind of copying appears to be prima facie infringement, but the Copyright Act includes an exception to permit it. (D) No. Because User did not intend for any copying to take place, there can be no infringement.

66. GamerCo designs, creates and distributes a video game called A-Maze-ment. The game features a two-dimensional display in which players navigate a maze while fighting off monsters. A-Maze-ment consists of 20 different levels of increasing difficulty, each with its own distinctively designed maze accompanied by music that has been composed and recorded for the video game. GamerCo seeks to register the video game with the Copyright Office. How will the Copyright Office categorize the video game? (A) The game screens are pictorial works, and the accompanying music is a sound recording. (B) The game screens are pictorial works, and the accompanying music is a musical work. (C) The video game and all of its components constitute an audiovisual work. (D) The music may be registered as both a musical work and a sound recording, but the video game screens depicting the distinct levels are not copyrightable because they are not fixed in a tangible medium of expression.

67. Studio releases its big summer blockbuster, Frantic Man, which includes a hip-hop soundtrack created by the popular rap artist Poppa Bigg as a work made for hire. Studio registers Frantic Man with the Copyright Office as an audiovisual work, but does not separately apply for registration of the motion picture's accompanying soundtrack. Soon after, up-and-coming rapper Sonny Smallz releases a recording that incorporates wholesale a full minute from the Frantic Man soundtrack. Studio, which owns all rights in the music soundtrack, sues Sonny Smallz for infringement. Among Sonny's responses to Studio's complaint is that the music soundtrack was never validly registered with the Copyright Office. Is this argument valid? (A) Yes. Studio's failure to separately register its copyright in the music soundtrack when it registered its copyright in the motion picture means Studio forfeited any opportunity to register the former. (B) Yes. Studio failed to separately register the copyright in the music soundtrack, but this does not prevent it from registering it at a later time. (C) No. Studio did not separately register the music soundtrack, but this was not necessary because a motion picture's music soundtrack is protected under the motion picture copyright. (D) No. Although Studio did not separately register the music soundtrack, this is irrelevant because the Copyright Act's registration provisions do not apply to sound recordings.

68. Musician composes a concerto for piano, then performs the concerto himself and records the performance using his own recording equipment. Musician releases the recording as Musician's Concerto Live and it becomes a hit in the classical music world. Pianoman is a devoted amateur pianist. He buys a copy of Musician's Concerto Live and listens to it so often that he memorizes the whole composition and, without ever having seen the sheet music, can play it by heart. In fact, as an homage to Musician, Pianoman videotapes himself performing Musician's concerto and posts it on the Internet. Musician does not appreciate Pianoman's doing this and sues him for infringing both the musical work that comprises the concerto as well as the sound recording Musician's Concerto Live. Will Musician prevail? (A) Yes. Musician will prevail because Pianoman infringed both the musical work and the sound recording. (B) Yes. Musician will prevail because Pianoman infringed the sound recording. (C) Yes. Musician will prevail because Pianoman infringed the musical work. (D) No. Musician will prevail because Pianoman did not infringe either the musical work or the sound recording.

71. Fed and Statie are artists who were recently employed by the federal government and the state of Grace, respectively. They are working on a joint federal/state project to commemorate Grace's bicentennial. Fed's contribution is an original painting depicting the first meeting between explorers and Grace's native inhabitants. Statie produces an original poem that gives narrative context for the events portrayed in the painting. These works of authorship hang in the Grace statehouse next to each other. One day, Copyist releases a pamphlet giving his own, unofficial version of the history of Grace's founding, and includes in it a photo reproduction of Fed's painting and Statie's poem, without having obtained permission to do so. Accused of copyright infringement, Copyist argues that as works created by government employees, neither the painting nor the poem is copyrightable. Is Copyist correct? A) Yes, Copyist is correct. Neither work of authorship is copyrightable. (B) Yes and no. Statie's poem is not copyrightable, but Fed's painting is. (C) Yes and no. Fed's painting is not copyrightable, but Statie's poem is. (D) No, Copyist is wrong. Both works of authorship are copyrightable.

74. In 1995, Photog took a picture of a lion during an African safari. He then licensed Adventure magazine to use the photograph on the front cover of the January 1996 issue, but retained all other rights in the photograph. Recently, Adventure released a DVD titled 50 Years of Adventure that is a digital archive containing an exact copy of each issue of the magazine. The back issues are presented just as they appeared on the newsstand, allowing users to scroll through them page-by-page and see all the material as it was presented in the original print versions. Adventure did not seek Photog's permission to re-use his photo in the context of the DVD. Photog now sues Adventure for infringing his copyright in the lion photograph. Will Photog prevail? (A) Yes. Photog will prevail because this is a violation of his right to reproduce and distribute his copyrighted work. (B) Yes. Photog will prevail because the Copyright Act requires users to seek express written permission for any use of a previously licensed analog work in a digital context. (C) No. Photog will not prevail, because even though Adventure reproduced and distributed his copyrighted photograph in the DVD, that use is protected by the section 201(c) privilege for collective works. (D) No. Photog will not prevail, because a license to use a work of authorship in one context necessarily implies a license to use that same work in any reasonably related context.

77. Pipes International (PI) has been making high-end, very expensive tobacco pipes for smoking enthusiasts for centuries. In the 1950s, they developed their best-selling model, called "The Curve." While most pipes have a straight stem, The Curve has an S-shaped stem. Pipe connoisseurs prize The Curve because the S-shaped stem has great aesthetic appeal, and also because the precise shaping of the curved stem imparts a richer, smoother taste to smoking tobacco. As PI's advertisements truthfully state, "Even the slightest change in the smooth shape of The Curve, and the distinctive flavor it creates would be lost." PI registered The Curve with the Copyright Office as a sculptural work in 1958 and properly renewed the copyright. Recently, a rival pipe maker, Smokers International (SI), introduced a pipe called "The S," which has precisely the same S-shaped stem as The Curve. As a result, The S has the same visual appearance and functional qualities as The Curve, though SI charges a much lower price for its product. PI sues SI, arguing that The S infringes the copyright in The Curve. SI counters by conceding that it copied the PI's pipe, but arguing that The Curve is uncopyrightable. Who will win this argument? (A) PI, because the shape of The Curve possesses aesthetic appeal. (B) PI, because the Copyright Office implicitly affirmed the copyrightability of The Curve when it registered the work in 1958. (C) SI, because the aesthetic elements are inseparable from its function. (D) SI, because the shape of The Curve performs a utilitarian function.

78. RG Construction is a builder of suburban tract homes. RG's homes have often been derided by critics as "McMansions" because they are largely indistinguishable from one another. In fact, RG offers several different floor plans, though its homes do share a number of common features. One such feature is what RG calls the "master down, 3 up" configuration in which a house has a master bedroom on the ground floor and three bedrooms on the upper floors. RG has extolled the virtues of its plan, saying "The 'master down, 3 up' configuration allows parents to have a separate oasis all to themselves while kids can be as rambunctious as they want upstairs." Recently, one of RG's main competitors in building tract housing, Alvernaz Homes, constructed a number of homes that use the same basic configuration as RG's "master down, 3 up" model. RG files suit, alleging that Alvernaz's construction of the "master down, 3 up" homes infringed RG's copyright in that design. Will RG's lawsuit against Alvernaz succeed? (A) Yes, because Alvernaz's status as a direct competitor to RG suggests it was trying to free-ride off RG's creation of a novel home design. (B) Yes, because the "master down, 3 up" model contained sufficient creative expression to merit copyright protection. (C) No, because the "master down, 3 up" model was primarily functional, not aesthetic. (D) No, because Alvernaz constructed homes based on RG's plans; it did not copy the plans themselves.

8. Videographer happened upon the scene of a very recent car crash involving a well-known television star, who was obviously inebriated. Videographer filmed the scene with the video function of her cell phone. The video was two minutes in length. The quality of the video's audio and images was poor. Videographer uploaded the video onto a website that permits the public to view submitted videos of celebrities in candid, often embarrassing, moments. The best argument for denying copyright protection for the video is: (A) The audiovisual work was of poor quality. (B) The length of the audiovisual work is too short for copyright protection. (C) The audiovisual work lacks sufficient originality. (D) Uploading the video onto such a public website constitutes an abandonment of copyright.

82. Jane is a talented topiary artist whose specialty is creating whimsical figures by trimming bushes into creative shapes. In the past year, she has earned particular renown for creating in topiary form the character "Larry the Lion." Jane's topiaries of "Larry the Lion" feature the lion Larry's face, framed by its mane, with a toothy grin. Blave is a local photographer who has taken several photographs of Jane's "Larry the Lion" topiaries and is selling photo prints of them as well as displaying them on his professional website — all without Jane's permission. Jane sues Blave for copyright infringement. Who will prevail? (A) Jane, because her "Larry the Lion" topiaries are highly original and fixed in a tangible medium of expression. (B) Jane, because her "Larry the Lion" topiaries feature a high degree of originality that makes up for the fact that the work is not fixed in a tangible medium of expression. (C) Blave, because the "Larry the Lion" topiaries are not fixed in a tangible medium of expression. (D) Blave, because the "Larry the Lion" topiaries are not original, but rather depictions of naturally occurring wildlife.

83. Recently, Florist hired Programmer, an independent contractor, to create a computer program to assist in the operation of Florist's flower shop. Florist described the operation of his business to Programmer, who subsequently delivered a completed computer program to Florist. Who is the owner of the copyright in the computer program? (A) Florist. (B) Florist, but only if Florist and Programmer signed a written work made for hire agreement. (C) Programmer. (D) Programmer, but only if Florist and Programmer had not signed a written work made for hire agreement.

90. Big Press hires Polly Glot to translate a successful Spanish-language novel into English. Polly works on the translation from her home office, refuses to accept any comments from Big Press's editorial staff, and is paid a one-time lump sum fee for her work, without benefits or tax withholdings. She has signed a contract with Big Press, also signed by the President of Big Press, containing a provision that Big Press, not Polly Glot, will be the "author of the work." A few months after completing the English translation, Polly noticed that Big Press has used large segments of her translation in its corporate promotional materials. This upsets Polly, and she sues for infringement, but Big Press responds that it is the owner of the translation and can do what it wants with it. Who will prevail? (A) Polly will prevail because she clearly worked as an independent contractor when creating the English translation, and any agreements to the contrary are void under federal law. (B) Polly will prevail because she, not Big Press, authored the translation. (C) Big Press will prevail because, although Polly worked as an independent contractor, her claim of copyright in the English translation was overcome by the agreement defining Big Press as the author of one of the nine categories of works for which such agreements are enforceable. (D) Big Press will prevail because Polly created the translation as an employee acting within the scope of her employment.

94. Writer recently completed two collaborative projects. One project was called Spring, a series of essays about the eponymous season. Writer co-wrote Spring with Author. In creating Spring, Writer came up with an outline for each essay, then sent it to Author, who fleshed out the text a bit more. Through successive iterations of this process, including a few meetings at which they discussed particular details of the project, Writer and Author eventually arrived at a final version of Spring with which they were both pleased. For his second project, Writer worked with Musician to create lyrics for a composition called Autumn that Musician had already written. Musician is a bit of a recluse, and he simply sent Writer the sheet music and a sound recording of Autumn. Writer read the sheet music and listened to the recording, and penned lyrics to accompany the musical composition. Writer wrote the lyrics without any comments, suggestions, or input from Musician. When Writer sent the lyrics to Musician, Musician did not even look at them, instead simply sending both the musical composition and lyrics to his publisher, which published them as a single integrated work. According to the definition of the Copyright Act, which of these compositions are joint works? (A) Spring. (B) Autumn. (C) Spring and Autumn. (D) Neither Spring nor Autumn.

101. Author loves his spouse, Wife, very much, and wants her to be a co-owner of his forthcoming nonfiction literary work on the history of copyright law. Which of the following statements most accurately describes the means by which Author can extend co-owner status to Wife? (A) Author can assign a 50 percent interest in the copyright of the literary work to Wife while reserving a 50 percent interest for himself. (B) Author can create a partnership with Wife and make the copyright of the literary work one of the assets of the partnership. (C) Author can write an introductory note stating, "While she may not have written a line of this work, Wife is an author in spirit because she has always been my biggest supporter." (D) (A) and (B) are both valid means of making Wife a co-owner of the copyright in the literary work; (C) is not.

106. Consider question 105. Assume that once Singer's licensed recording of Temptations was released to the public as a digital download, Record Company decided to have one of its recording artists record Temptations without any authorization by Composer and Lyricist. Record Company has now released its recording in digital form and is offering it for purchase and download from its website. Composer and Lyricist threaten to sue Record Company for copyright infringement. This lawsuit will likely be: (A) Successful, because Record Company is making unauthorized reproductions of the Temptations musical composition. (B) Successful, because Record Company has no privity of contract with Composer and Lyricist's exclusive license with Singer. (C) Unsuccessful, because the compulsory mechanical license provisions of section 115 of the Copyright Act obviate any liability for Record Company's unauthorized reproduction of the musical composition. (D) Unsuccessful, so long as Record Company takes advantage of the compulsory mechanical license provisions of section 115 of the Copyright Act.

108. Studio owns the copyright in Tiger Woman, a recently produced motion picture. Studio licenses Distributor, a film distribution company, to release the film, but under very limited circumstances. Studio grants to Distributor the exclusive right to exhibit Tiger Woman only in theaters that seat 50 or more patrons, only in states bordering the Atlantic Ocean, and only for two months. Distributor agrees to the terms of the license, but one day its in-house counsel advises that the agreement is unenforceable. Is Distributor's lawyer correct, and if so, why? (A) Distributor's lawyer is correct because a copyright owner cannot limit via license the venues in which their work is shown, and this license limited showings of Tiger Woman to larger theaters. (B) Distributor's lawyer is correct because a copyright owner cannot limit via license the geographical area in which a work is exploited, and this license limited the exhibition of Tiger Woman to states bordering the Atlantic Ocean. (C) Distributor's lawyer is correct because a copyright owner cannot limit via license the time during which a licensee may exploit a work, and this license limits the time of Distributor's exploitation of Tiger Woman to two months. (D) Distributor's lawyer is wrong; the license is valid.

117. Crafty McGee owns the copyright in a poem that she wrote. Crafty executes a written agreement to transfer ownership of the copyright in the poem to Publisher for $500. Publisher does not record the transfer with the Copyright Office. Crafty then offers to execute another written agreement transferring ownership of the copyright in the poem to Collector. Collector is aware of the original agreement between Crafty and Publisher, but enters into the agreement anyway, paying $700 to Crafty in exchange for the transfer of copyright ownership. Six months later, Publisher releases an anthology of poems that includes the one penned by Crafty, and Collector sues Publisher for infringement. Will Collector prevail? (A) Yes. The initial transfer of ownership to Publisher was invalid because Publisher failed to record it. (B) Yes. As the first party to record a transfer of ownership of the copyright in the poem from Crafty, Collector has rights superior to all other purported transferees, including Publisher. (C) No. Because Crafty transferred the copyright in the poem to Publisher before he transferred it to Collector, Publisher's rights are superior to Collector's. (D) No. Because Collector was not a good faith transferee, her recordation of the transfer cannot create superior

12. A work has been fixed in a physical disc. Has it been fixed in a copy or a phonorecord? (A) Copy. (B) Phonorecord. (C) Neither a copy nor a phonorecord. (D) It depends.

127. Consider Question 126. Assume that, instead of demanding his share of the option fee from Tantamount, Ed wants to prevent the studio from developing the screenplay into a film. He hires a lawyer, who sends Tantamount a letter indicating that he does not give the studio permission to use the screenplay in film development, and threatening to sue for injunctive relief preventing them from doing so. Will a court grant Ed's motion for injunctive relief against Tantamount? (A) Yes, because only Sesilia, not Ed, signed the option agreement. (B) Yes, because Ed formally notified Tantamount that they did not have his permission to use the screenplay in film development. (C) No, because Sesilia asked Ed for permission to let Jeremy share the screenplay with Tantamount. (D) No, because as a co-owner of the work, Sesilia has a right to use it however she wishes and to non-exclusively license it, subject only to a right to account to Ed for half of any profits earned by such uses and licenses.

26. Hunter creates realistic turkey decoys for a living. He has recently noticed that the turkey decoys sold by Competitor are substantially similar, although not exactly identical, to his decoys. Will Hunter be successful if he brings a copyright infringement action against Competitor and can show that Competitor had access to Hunter's decoys? (A) Yes, because sculptural works are copyrightable subject matter. (B) Yes, because the reproduction right protects against copies that are substantially similar. (C) No, because anyone can copy items found in nature. (D) No, because depictions of natural objects have limited copyright protection.

30. Telecom sells various ringtones that are downloaded to the customer's cell phone at the time of purchase. One of the ringtones offered by Telecom consists of one line of recorded dialogue from the motion picture Scarface spoken by actor Al Pacino, who portrayed the character Tony Montana in that film: "Say hello to my little friend!" Telecom made an audio recording of the dialogue, converted it into a ringtone, and offered it for sale in .mp3 form on their website. Telecom did all this without the permission of Universal Pictures, the owner of the copyright in the motion picture. If Universal Pictures sues Telecom for copyright infringement, Universal Pictures will likely be: (A) Unsuccessful, because motion pictures have no public performance rights. (B) Successful, because the recorded dialogue is the most memorable line of dialogue from Scarface. (C) Successful, because the motion picture Scarface is protected by copyright. (D) Unsuccessful, because the line of dialogue is not protected by copyright.

34. Style Over Substance is a black-and-white motion picture, produced by Studio, that is no longer protected by copyright. Network has invested the necessary funds to colorize the motion picture without Studio's permission. Each pixel of each frame of the motion picture was colored from a palette of 16 million colors. Network has issued a press release stating that any broadcast or cable television channel or station that transmits Style Over Substance without Network's permission will be liable to Network for copyright infringement. Is Network's claim accurate? (A) Yes, because the colorized version of Style Over Substance contains all of the elements of the original motion picture. (B) Yes, because Network has a copyright in the colorized version of Style Over Substance. (C) No, because Style Over Substance is in the public domain. (D) No, because the original version of Style Over Substance may be used without Network's permission.

40. Historian has written a short history of the City of San Angeles. He obtained the facts contained in the short history from public records and newspaper articles published by the San Angeles Bee, as well as from Historian's personal knowledge. Historian has not received the permission of the San Angeles Bee to use any of its articles. The short history of the City of San Angeles is: (A) Not copyrightable because it is a factual work. (B) Not copyrightable because it is an unauthorized derivative work. (C) Copyrightable, but only if the short history was written prior to 1978. (D) Copyrightable, though the copyright protection it receives may be more limited than the copyright protection given to a work of fiction.

41. Musical Group recently performed six musical works in a nightclub, pursuant to a public performance license obtained by Club Owner. Club Owner filmed the performance with a digital camera with the permission of Musical Group, which also agreed to its release on DVD. Musical Group has entered into a contract with Record Company, under which Record Company is assigned the copyright in all sound recordings created by Musical Group. After the release of Musical Group's performance on DVD, Record Company seeks compensation for the unauthorized distribution of its sound recordings on the DVD. Record Company's claim will be: (A) Successful, because Record Company owns the copyrights in the sound recordings contained in the DVD release. (B) Successful, because Club Owner's public performance license only addresses the performance of musical compositions, not the creation of sound recordings. (C) Unsuccessful, because there is no privity of contract between Club Owner and Record Company. (D) Unsuccessful, because the DVD release contains an audiovisual work, not a sound recording.

45. Author, a noted writer of mysteries who has worked with Agent for years, trusts Agent implicitly. One day, Author sends Agent an email that reads, "I want to stop writing mysteries, and instead write an historical romance set in the Middle Ages. In this story, an earnest commoner seeks to woo a princess. The twist is that the royal family wants the princess to wed a prince, and stands in the way of their union. The princess and commoner truly love each other, so they run away, but misfortune befalls them and they die tragically. What do you think?" Agent tells Author that he should stick to mysteries, but the email inspires Agent to pen her own novel following the rough outline and plot points that Author sent her. When Agent's novel is published, Author sues Agent for copyright infringement. Will he prevail? (A) Yes, because Agent copied the plot points that Author included in the email. (B) Yes, because the material in the email was the sweat of Author's brow, and Agent's conduct amounted to wrongful misappropriation. (C) No, because Agent's copying of the material in the email was not verbatim. (D) No, because what Agent copied, the general outline of a plot in Author's email, amounted only to unprotected ideas.

47. Student is a sophomore at the University of Spoiled Children, where he is a member of the biggest fraternity on campus. One night, as a gag, Student takes the University's campus directory (which includes names, phone numbers, and campus addresses of all 2,500 of the students currently enrolled at the University, arranged by year and address), and publishes "Student's Guide to the Most Popular People on Campus" in a printed leaflet. The guide takes 50 of the listings from the campus directory verbatim, reflecting the individuals who Student deems to be the most popular on campus, and lists them in alphabetical order. The University claims to own the copyright in the campus directory, and, not amused by the gag, sues Student for infringing its copyright in the directory. Will the University succeed? (A) Yes, the University will succeed because Student copied its protectable expression verbatim. (B) Yes, the University will succeed because its copyright extends to all student directories for its enrollees, regardless of how they are arranged. (C) No, the University will not succeed because directories are in no way copyrightable. (D) No, the University will not succeed because Student copied only unprotectable elements of the directory (information) and nothing that could be copyrighted (such as selection or arrangement).

5. One recent evening in Los Angeles, Comedian included in her act at a comedy club a 10-minute extemporaneous original comedy routine concerning the recent firing of a government official. The content of the routine was created on the spur of the moment. Comedian had not written out the material, nor did she record the routine when she presented the material at the comedy club. Is Comedian's extemporaneous comedy routine protected? (A) The routine is protected by federal copyright because a 10-minute comedy routine undoubtedly includes expression as well as ideas. (B) The routine is protected by federal copyright because it is a literary work. (C) The routine is protected by state common-law copyright because it was merely a performance. (D) The routine is protected by state common-law copyright because a 10-minute comedy routine undoubtedly includes original expression as well as ideas.

9. A motion picture was recently released for general exhibition that depicted a used guitar store on the moon after the people of Earth had colonized it. Two years later, a dramatic television series that depicted a small alien civilization engaged in intergalactic space travel included a stop on the moon where one of the aliens purchased a guitar from a used guitar store. The signage, size, and contents of the stores differed substantially, as did the store's proprietor and customers. Has the television series infringed on the copyright of the motion picture? (A) Yes, because it is the similarities between the two works that are at issue, not the dissimilarities. (B) Yes, because the idea of a used guitar store on the moon is novel. (C) No, because television is a different medium from motion pictures. (D) No, because once the motion picture was released to the public, anyone has the right to use ideas found in the motion picture

51. Archaeologist publishes a blockbuster article in which he reveals that he has discovered a new store of Mayan artifacts deep in the Yucatan, and argues persuasively that this discovery supports the theory that Mayan civilization began several centuries earlier than previously believed. The article draws a host of strong reactions. For example, Amateur runs a website devoted to archaeology as a hobby, in which he publishes a brief news item entitled Big Discovery in the Yucatan. Amateur's feature recounts the details of Archaeologist's discovery, listing where it happened, what techniques were used in the excavation, and what was uncovered. Subsequently, Archaeologist's longtime academic rival, Nemesis, publishes an article in which he describes Archaeologist's theory about the dawn of Mayan civilization, using Nemesis' own words, and then explains why he thinks the theory is bunk. Archaeologist is incensed at both Amateur and Nemesis, and sues each of them for infringing the copyright in his original article. Will Archaeologist prevail? (A) Yes, Archaeologist will prevail, but only against Amateur, because Nemesis did not copy any protectable subject matter. (B) Yes, Archaeologist will prevail, but only against Nemesis, because Amateur did not copy any protectable subject matter. (C) Yes, Archaeologist will prevail against both Amateur and Nemesis, because both of them copied protectable subject matter. (D) No, Archaeologist will not prevail against either Amateur or Nemesis, because neither of them copied protectable subject matter.

61. Consider the facts of question 60. User buys a new laptop computer and is disappointed to discover that the version of DethKlok 2000 he purchased is no longer compatible with the operating system on his new computer. User searches the Internet and finds that by making a few modifications to the source code of the DethKlok 2000 program he can render the application compatible with his new laptop. User modifies the source code and the alteration successfully renders DethKlok 2000 compatible with his new computer. Does User's alteration of the DethKlok 2000 program amount to copyright infringement? (A) Yes. User's alteration of the source code that comprises DethKlok 2000 amounts to an unauthorized derivative work, violating the copyright owner's exclusive right of adaptation. (B) Yes. User's creation of what is essentially a new version of DethKlok 2000 violates the copyright owner's exclusive right of reproduction. (C) No. User's ownership of the DethKlok 2000 program entitles him to alter the source code that comprises that program in any way he sees fit. (D) No. While User's alteration of the source code that comprises the DethKlok 2000 program is an unauthorized adaptation of a copyrighted work of authorship, owners of computer programs are entitled to make such alterations in order to make applications compatible with new hardware.

62. Printer owns a printing shop. One day, he invents a new typeface script called Lucinda that allows for more characters to appear on a page without sacrificing readability. Printer does a brisk business formatting documents with his new typeface, and refuses to license Lucinda to other printers or to makers of word processing software so he can capture all the value associated with the font. Printer discovers that an exact copy of Lucinda has been added to the latest edition of a word processing program produced and marketed by the software company MacroSoft. Printer wants to sue MacroSoft for its unauthorized appropriation of his lucrative original font. Will he succeed? (A) Yes. Fonts are protectable as pictorial or graphical works. (B) Yes. Fonts are protectable as literary works. (C) No. Fonts cannot possess the requisite degree of originality to merit copyright protection. (D) No. Regardless of their originality, fonts or typefaces cannot be protected by federal copyright.

76. Webcaster streams recordings of music over its website. Webcaster has obtained no licenses. Record Company owns the copyrights in several sound recordings that have been streamed by Webcaster. If Record Company sues Webcaster for copyright infringement, the claimed primary infringement will be: (A) The adaptation right of section 106(2). (B) The public performance right of section 106(4). (C) The public display right of section 106(5). (D) The digital transmission right of section 106(6).

79. Extra has been trying to make it big in Hollywood as an actor for more than 10 years. Recently, he was excited to get a very brief speaking part in a film that he was told would be a lighthearted family movie about a troupe of clowns that travels around entertaining kids. Extra's scene in the film involved him in full clown makeup on the eve of a big trip saying, "I'm excited, here we go!" Extra worked very hard to read this line convincingly, and the director commended him on his delivery. When the film was ultimately released, though, Extra was shocked and angered to find that it was actually a horror movie about a group of clowns who traveled around murdering people. Extra's one line had been overdubbed to read, "I'm excited, off with their heads!" Before he worked on the film, Extra signed a release stating that he "transferred and assigned any and all copyright interest in the film to Producer." Extra nevertheless sues Producer for copyright infringement, claiming that Extra has an independent copyright interest in his performance that is separate from Producer's copyright in the film itself. Extra argues that he alone infused his performance of the original line with creativity, that such creativity amounts to an independent dramatic work that Extra owns alone, and that Producer infringed it by overdubbing his line and creating an unauthorized adaptation. Will Extra win his copyright infringement suit against Producer? (A) Yes, because Producer failed to obtain a sufficient waiver of Extra's rights to his performance copyright. (B) Yes, because Extra's delivery of his line was unusually convincing and therefore merited copyright protection. (C) No, because courts have construed agreements disclaiming copyright interest in film copyrights to apply to performance copyrights as well. (D) No, because actors' performances are not copyrightable works of authorship.

85. Painter recently finished his latest masterwork, a series of oil on canvas paintings, which he painted by himself. Based only on this information, which of the following statements accurately describes Painter's copyright ownership status with respect to the work? (A) Painter is the creator, owner, and author of the work. (B) Painter is the creator and author of the work, but may not be its owner. (C) Painter is the creator and owner of the work, but may not be its author. (D) Painter is the creator of the work, but may not be its owner or author.

95. Producer wants to produce a CD that will merge East Coast and West Coast hip-hop styles. His only problem is that there is currently an East Coast/West Coast conflict afoot, and all the rappers from the respective camps hate each other and refuse to work together. So Producer approaches West Coast DJ W.C. and asks him to provide the music track for a hip-hop recording. Producer tells W.C. that a big name rapper is attached to provide the lyrics, but that he cannot tell W.C. who it is. W.C. produces the music track, and Producer promptly invites East Coast rapper E.C. to create and perform lyrics to accompany it, but does not tell E.C. who created the music track. Producer then combines the two tracks using an automated digital process, and releases the resulting work to great success. A dispute erupts between W.C. and E.C. regarding ownership of the musical composition embodied in the sound recording. Who owns this work of authorship? (A) W.C. owns it, because he began the project. (B) E.C. owns it, because he completed the project. (C) Producer still owns it in the absence of a written agreement that secures him the rights, because he was the creative force behind the making of the work. (D) W.C. and E.C. own the work as joint authors.

98. Author works on a novel for six months and then comes down with a case of writer's block. He gives his half-completed manuscript to his friend Advisor and says, "I need some fresh ideas to get going. Can you help me out?" Author tells his agent that he has recently given the manuscript to Advisor for comments, and that if Advisor comes up with any good thoughts, he will include Advisor in the acknowledgments page of the final draft. Advisor, however, tells other friends that he is now "collaborating as a co-author" with Author on the novel. Eventually, Advisor reads the manuscript, meets with Author, and shares some fruitful suggestions that spur Author to finish the novel, which Author then publishes with great success. However, when the novel is released, Advisor is shocked to see that he is not credited as a co-author, but merely received an acknowledgment from Author. As a result, Advisor now sues Author for 50 percent of the royalties resulting from the exploitation of the novel. Advisor believes he is entitled to the royalties as a joint author. Is he correct? (A) Yes. Advisor is a joint author because his creative contribution was critical to completion of the project. (B) Yes. Advisor is a joint author because the conversation with his friend reveals his subjective expectation that he was in a co-authorial relationship at the time of the contribution. (C) No. Advisor is not a joint author because his contribution to the novel was objectively less significant than Author's. (D) No. Advisor is not a joint author because Author clearly did not regard him as a co-author at any point during their collaboration.

COPYRIGHT FINAL EXAM

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