TWC 451/551

When I purchase software, I am legally agreeing to the licensing terms when I:

"click through" the EULA

The DMCA had two provisions. Select them:

- an isp would not be liable for infringing works posted by their users - makes it illegal to have or use any tool that circumvents the copyright protection on a work

How could a report be in the public domain?

- copyright owners gave up the rights to the report - owners didn't follow renewal rules - copyright term expired - a federal worker created it as part of their job

What are the benefits of buying an e-books for a library?

- never gets lost - never gets stolen off shelf - never returned with blemishes

TRIPS

- prevents members from denying patents to pharmaceuticals and biotechnologu projects - administered by the World Trade Organization

The "internet treaties" were

- the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty - Implemented in the US by the DMCA - produced by the World Intellectual Property Organization

Which of the following can be protected as trade dress?

- the bottle shape of ocean organic vodka - the packaging a new apple iphone comes in - the way an abercrombie and fitch store is set up (look and feel) - the way the google website looks

18:5919:32 add close sidebar interaction. Press tab to begin. To determine when a copyright expires which of these do you need to know?

- the date it was created - if it has a corporate author - where it was published - if it was properly renewed

Which are true?

- the parts of a derivative work that are true apply to their own copyright - taking something from the public domain and using it is available to everyone; more than one person can take romeo and juliet and publish it - a derivative work must contain "a substantial amount of new material"

Why were the Founding Fathers fearful of federal copyright legislation?

- they were fearful of monopolies - they were wary of government intervention in everyday lives

What percentage of technology royalties and licensing fees belong to 5 developed nations?

90%

What is the most important true benefit for a company in using a trade secret instead of a copyright?

A copyright has an expiration date but a trade secret lasts as long as the company can keep it a secret.

If you are going to apply a CC license to your work, you have which of the following license elements to choose from to apply to your work?

Adaptations are not allowed to be made for this work. Commercial use of the work is not allowed. Providing attribution to the original creator of the work. Any adaptations of the work must also have the same CC license as the original.

The oldest and most important treaty is:

Berne Convention

When is it possible for a creator to sell or transfer the copyright to their work? check all that apply

Copyright can be transferred before the work is even created. Copyright can be transferred anytime after the work is created

Which of the following is an example of trade dilution by tarnishment:

Creating a logo that is similar to that of Disneyland for a strip joint.

The only right given to an inventor is the right to exclude others from selling the invention during the term of the patent.

False

The organization that makes sure that IP addresses aren't repeated is:

ICANN

For countries that join the treaties addressing IP, which is not true?

The countries can give foreigners less IP protection than they grant their citizens

What was required prior to 1989 in order for a work to be protected by copyright?

a copyright notice/symbol

Stare decisis is a legal doctrine that means

a lower court should follow a higher court's decision.

Which of the following cannot be copyrighted?

an idea recipe instructions procedure invention formula

Which of the following cannot be protected by copyright?

business names, inventions, story titles, ideas, formulae

Intellectual property in the US is regulated through:

case law, United States Code Title 15 Chapter 22, Title 17, Title 35

Stare decisis refers to using previous court rulings from higher courts as justification for a decision that a court makes.

correct

Which of these are true?

correct: rulings of Federal District Courts are not used as case law precedents for any other court, a case can be taken to the federal circuit court of appeals because the plaintiff feels that the judge applied the incorrect law

A nonexclusive licenses is required to be in writing.

false

An author gives his work a Creative Commons license. That means it is not copyright protected.

false

As long as a use falls into one of the favored categories, it is fair use.

false

Both the Berne Convention and the Paris Convention included excellent enforcement mechanisms.

false

Companies apply for patents because they are cheap and easy to get.

false

Creative Commons licenses are a good alternative to copyright.

false

Criticism, as it is used in Section 107, means a negative review of something.

false

Developing nations want greater IP protection.

false

ISPs could avoid prosecution for copyright infringement by taking down a work for which a Notice of Claimed Infringement was filed after they had investigated the matter and agreed with the claimant.

false

If I want to allow others to copy my work and share it, I should simply copyright it.

false

Meeting the requirement for "minimal creativity" is super difficult to do.

false

Obtaining a Creative Commons license for your work is difficult to do.

false

Purchasing a domain name in the anticipation that the company with that name will need to buy it from you is called dilution.

false

The US has always granted copyrights to foreign authors.

false

The first sale doctrine applies the same to an ebook as it does a paperback book.

false

The first sale doctrine does not limit a copyright holder's exclusive right to display and distribute a product.

false

The only right that copyright gives the owner is the exclusive right to make copies of the work.

false

The person commissioning a work owns the copyright as long as there is a written contract between the person who created the work and the person/company commissioning the work.

false

The requirements for something to be patented are the same requirements for something to be copyrighted.

false

The sale of an object implicitly includes the copyright (the right to copy).

false

Whic of the following regulate IP?

federal administrative agencies

Which of the following did the Supreme Court say gave Kirtsaeng the right/protection to buy copies of books in Thailand and sell them for a profit in the US?

first sale doctrine

What are the requirements for something to be copyrighted?

fixation, original to creator, minimal creativity

Most companies use the following to maintain their trade secrets

having an employee sign an agreement indicating that they will not share and will protect the confidential information of their job. having employees sign an agreement promising not to work for a direct competitor for a specific amount of time. locking trade secret materials up after hours so they can't be accessed by people without a legitimate need. marking documents that contain trade secrets as "confidential".

The protection given to the ISPs through the safe harbor act:

is largely responsible for the proliferation of social media sites

If a company did not want to disclose the formula for the recipe of special spices in the Colonel's chicken but still wanted to protect it, what should they do?

keep a trade secret

In order to 'get around' first sale and not allow purchasers the ability to utilize the rights associated with the first sale doctrine , copyright owners characterize the transaction as a:

license

Which of the following cannot be patented?

natural phenomena laws of nature abstract ideas

schools using movies

no, they can't just be an accredited school and get the movie legally to play it

Which is true?

none of these! an employee creating work within the scope of his duties must always transfer ownership to the employer with a written contract, the owner of the copyright for an item is always the one who created it

fair use

only a judge can say whether something is absolutely fair use

Which of the following is an example of trade dilution by blurring

putting the disney logo on a table you are selling

What are the favored uses for fair use according to section 107?

teaching, scholarship, criticism, news reporting

The major types of intellectual property in the text are:

trade secrets, trademarks, copyright, and patents

What are the major types of IP?

trademarks, patent, copyright, trade secrets

According to the Constitution, the purpose of copyright is to promote the progress of science and the useful arts.

true

All rights reserved is to copyright as Some rights reserved is to Creative Commons. True or False?

true

Any work that an employee creates as part of their scope of employment is work for hire and is owned by the employer

true

DRM refers to any protection placed within a product that tries to stop piracy of the material.

true

For a copyrighted work, only the copyright owner or someone they designate/license can create a derivative work of something.

true

It is important to read the license agreement when buying software as licenses may or may not include the ability to sell or transfer your license.

true

Most items enter the public domain due to old age.

true

One of the purposes of a trademark is to protect the consumer allowing them to distinguish one product from another.

true

The cost of applying for a patent is high.

true

Trademark infringement involves the probable customer confusion that would occur with using a trademark while trademark dilution doesn't require customer confusion for a ruling for dilution.

true

You can't sell an ebook like a paperback copy because you purchased a license to use the ebook whereas you purchased the physical copy of the paperback.

true