practice test 4
22. What is bait-and-switch? A An illegal practice in which a product is advertised at a low price, but the seller has no intention of selling that product (customers are then talked into buying a different product, often at a higher price.) B A fishing technique Justice Scalia liked.
A An illegal practice in which a product is advertised at a low price, but the seller has no intention of selling that product (customers are then talked into buying a different product, often at a higher price.)
7. Who was most recently appointed to the U.S. Supreme Court?
A Ketanji Brown Jackson.
Under current law, when will Mickey Mouse pass into the public domain? A The copyright on Steamboat Willie, the cartoon mouse's first film, will have expired on Jan. 1, 2024. B Because of the special preferential relationship The Walt Disney Company enjoys with the state of Florida, Mickey Mouse will never enter into the public domain and will never be taxed. C Because The Walt Disney Company has not protected its exclusive right to the copyrighted Mickey and Minnie Mouse characters and has not filed suit to stop myriad derivative works, both Mickey and Minnie Mouse are already in the public domain. For example, anyone who wants to produce and sell Mickey Mouse T-shirts may legally do so. D Never.
A The copyright on Steamboat Willie, the cartoon mouse's first film, will have expired on Jan. 1, 2024.
9. What happens when a reporter who refuses to name an anonymous source when ordered to do so in court is found to be in contempt? A The judge can order the reporter to be fined or jailed. B Because we now have a federal shield, reporters may keep secret the identities of anonymous sources in all U.S. courts.
A The judge can order the reporter to be fined or jailed.
16. According to the copyright clause in the U.S. Constitution, for what reason are copyrights granted? A To promote science and the useful arts. B To create a reliable income for people who create intellectual property. C To create inheritable wealth for the heirs of those who labor in intellectual pursuits.
A To promote science and the useful arts.
17. Is an invitation to buy a product commercial speech? A Yes. B No.
A Yes.
27. Can a publication be successfully sued for damages stemming from the unmasking of an anonymous source? A Yes. B No.
A Yes.
11. A reporter investigating child predators may legally possess child pornography. A True B False
B False
14. The rules on advertising targeted at children are exactly the same as advertising targeted at adults. A True B False
B False
15. All reporters are now covered by a federal shield. A True B False
B False
33. Television and radio airwaves are owned by the stations that produce broadcast signals. A True B False
B False
The copyright protection for works for hire lasts the same length of time as those granted for works created by individuals who are not employees. A True. B False.
B False.
29. Can facts be copyrighted in the United States? A Yes B No
B No
18. May candidates use any song at their political rallies, regardless of copyright? A Yes. B No.
B No.
13. Is it OK to run an ad for hamburgers made from the meat of an endangered species so long as the advertiser herself did not shoot the animal? A Yes. B No. Ads for illegal products receive no First Amendment protection. Hamburgers made of an endangered species are an illegal product.
B No. Ads for illegal products receive no First Amendment protection. Hamburgers made of an endangered species are an illegal product.
10. In the Soldier of Fortune case, why did the magazine have to pay damages to the family of someone who was murdered? A The killer was inspired by stories in the magazine. B The murder was performed by a professional hitman who advertised in the magazine and the advertisement was for an unlawful service.
B The murder was performed by a professional hitman who advertised in the magazine and the advertisement was for an unlawful service.
12. Under the Booth rule, when an advertisement for a magazine includes a picture of the magazine that shows someone's photo from a news story inside, A the publisher must get consent to use the person's likeness in the ad. B the publisher need not get consent to use the person's likeness in the ad.
B the publisher need not get consent to use the person's likeness in the ad.
26. Bloggers, student journalists, freelancers and sports reporters are protected by all of the shield laws. A True. B False.
B. False
Because intellectual property that was traditionally seen as women's work is protected in exactly the same way as work in other domains, recipes can be copyrighted. A True. B False.
B. False
8. Can a reporter get the transcript of a Penn State student from the registrar's office without permission from the student? A Yes. B No, but once certified, all students' final grades are posted on the bursar's office website (if all tuition and fees are paid), so a reporter can get them there. C No. Under the Family Educational Rights and Privacy Act of 1974, most education records, including grades, are considered private.
C No. Under the Family Educational Rights and Privacy Act of 1974, most education records, including grades, are considered private.
23. The name case in Branzburg v. Hayes dealt with A a priest who had knowledge of a murder conspiracy from a confession who refused to tell authorities the name of the would-be killer. B a Pennsylvania reporter who posed as a medical transcriptionist to get access to the private patient information of a celebrity in violation of HIPAA. C a Kentucky reporter who promised anonymity to someone in the illegal drug trade and claimed protection to do so under the First Amendment. D a KKK leader who made incitements to violence that were found to be punishable by the U.S. Supreme Court.
C a Kentucky reporter who promised anonymity to someone in the illegal drug trade
21. FOIA applies to A municipal government B state government. C federal government.
C federal government.
What should a reporter do if she believes a hearing that should be open to the public has wrongly been closed? A Sit outside the courtroom and hope to catch participants on their way out. You can't tell a judge they're wrong. B Call the state bar association and ask that a mistrial be declared. C Refuse to leave and go limp if the judge orders the bailiff to carry you out. D Politely ask to address the judge. When given that permission, politely remind the judge that court actions involving adults are presumed to be open to the press in the United States. Politely ask the judge to reconsider closing the proceeding and if they do not, politely ask that the hearing be postponed until your lawyer can formally protest the closure on your behalf.
D Politely ask to address the judge. When given that permission, politely remind the judge that court actions involving adults are presumed to be open to the press in the United States. Politely ask the judge to reconsider closing the proceeding and if they do not, politely ask that the hearing be postponed until your lawyer can formally protest the closure on your behalf.
32. Can a parent of a Penn State student call professors or the registrar and get their child's grades? A Parents have no special rights to get information from the registrar, but once certified, all students' final grades are posted on the bursar's office website (if all tuition and fees are paid), so parents can get the grades there. B Professors at Penn State all require student grade requests from parents to be submitted via email. Only the registrar will tell grades to parents over the phone. C Professors and the registrar will only disclose grades to parents if the student has already graduated because some grades are changed on appeal. D Under the Family Educational Rights and Privacy Act of 1974, because Penn State receives money from the U.S. Department of education, parents can only inspect the education records of a child with the written permission of that child unless the child is their dependent for federal tax purposes. (There are also exceptions for health and safety emergencies or if the student is under 21 and has violated alcohol or drug policies.)
D Under the Family Educational Rights and Privacy Act of 1974, because Penn State receives money from the U.S. Department of education, parents can only inspect the education records of a child with the written permission of that child unless the child is their dependent for federal tax purposes. (There are also exceptions for health and safety emergencies or if the student is under 21 and has violated alcohol or drug policies.)
30. What types of uses of a copyrighted work without the copyright holder's permission do the courts consider Fair Uses? A criticism and comment B teaching C scholarship and research D all the other answers
D all the other answers
31. What is the Sweat of the Brow docrtrine? A A theory that copyright should protect collections of data that required hard work to compile. B A theory of what should be protected by copyright that has been rejected by the Supreme Court. C The theory advanced by the losing side in Feist Publications, Inc. v. Rural Telephone Service Co., Inc. D all the other answers
D all the other answers
What is transformative use? a) Use of a copyrighted work in which it is changed into something else, for instance a commentary on the original. b) An argument supporting copyright violation that has always been rejected by the courts. c) none of the other answers
a) Use of a copyrighted work in which it is changed into something else, for instance
24. What is an ag-gag law? a A law meant to keep diners from choking on chicken bones. b A law against secretly recording agricultural operations.
b A law against secretly recording agricultural operations.
The United States Supreme Court defines commercial speech as a. advertisements that include the price of a product. b. speech that proposes a commercial transaction. c. advertisements that include the name of a company or manufacturer.
b, speech that proposes a commercial transaction.
28. In 2001 the Supreme Court ruled that the broadcast of an illegally intercepted telephone conversation a. was an invasion of privacy. b. was permissible so long as the broadcasters did not intercept the conversation and the subject matter had public significance. c. was only permissible if the parties to the conversation were notified prior to the broadcast. d. was always protected by the First Amendment.
b. was permissible so long as the broadcasters did not intercept the conversation and the subject matter had public significance.
25. Government agencies like the Federal Communications Commission create rules that make up the bulk of what we know as a. common law. b. statutory law. c. administrative law. d. corporate law.
c. administrative law.
19. Under the remedy for false or misleading advertisements called substantiation, advertisers who make specific claims a. may be asked to prove the claims are true. b. may be held to a scientific standard for their claims. c. all of the other answers
c. all of the other answers
20. The FTC considers it deceptive if an advertiser a. makes a false statement. b. omits important information in an ad. c. implies a false claim by juxtaposing two statements. d. all the other answers
d. all the other answers
