Lesson 5 Comms 300

Which of the following would be fair use of a copyrighted work? (Choose up to two.) A college professor downloads thirty songs from a free-music unlicensed website, and he thinks that perhaps he will use some of the songs as introductory material for a class even though they have nothing to do with the topic. A college professor reads to his class one page of a 330-page book by a presidential candidate during a class discussion about current politics. A college professor photocopies forty-five pages of a hundred-page book and gives a set of the entire forty-five pages to each student in a class so they will not have to buy the textbook. A college professor copies one page of a thirty-page article written by an expert in the field in order that the students can read the page without having to go to the library themselves to look it up.

330 politics, copies 30g article.

Which of the following is the proper subject matter for copyright protection?

A poet has scratched out a few notes on a napkin during lunch, and he intends to use the notes in composing his next long poem.

Which of the following is correct? Copyright holders retain exclusive rights to reproduce, distribute, and perform their copyrighted works. It is not permissible to perform copyrighted works in church without paying royalties. News events can be copyrighted. Ideas and facts can be copyrighted.

Copyright holders retain exclusive rights to reproduce, distribute, and perform their copyrighted works.

Which of the following is correct? A work must carry a copyright notice in order to be protected under copyright law. Journalists who work for newspapers or broadcast outlets retain the copyright to the articles and stories they produce. The primary purpose of intellectual property law is to benefit the financial interests of the creators. Freelancers maintain copyright ownership unless it is agreed by contract that a commissioned work is a work made for hire.

Freelancers maintain copyright ownership unless it is agreed by contract that a commissioned work is a work made for hire.

Which of the following is not correct? Ideas can be copyrighted. Copyright law is designed to stimulate and produce progress in science and the arts. Original works of authorship must be fixed in a tangible medium of expression in order to be copyrightable. Works copyrighted in the United States are protected internationally in part by the Berne Convention of 1989.

Ideas can be copyrighted.

Which of the following is not correct? To prove infringement in a law suit, the owner plaintiff must prove that the defendant had access to the copyrighted work, and that the two works are substantially similar. A copyright owner may not sue for infringement unless the work is registered with the Copyright Office. One may not register after the infringement occurs. The statute of limitations on copyright infringement is three years.

One may not register after the infringement occurs.

Which of the following is correct? Photography and filming of actual events are copyrightable. A work must necessarily be "novel" to be copyrightable. Sporting events can be copyrighted. A band must pay royalty fees if it wants to play copyrighted works in private practice sessions.

Photography and filming of actual events are copyrightable.

Which of the following is correct? If an ISP removes a user's material that it thinks is in violation of copyright infringement from its site, it is then liable for damages to the user the alleged infringer. Posting copyrighted photos on computer bulletin board systems without authorization is an infringement of copyright. Internet service providers are held to a standard of strict liability for copyright infringements by their subscribers. Reproducing a magazine's trademark on computer bulletin board systems without permission is not a violation of trademark law.

Posting copyrighted photos on computer bulletin board systems without authorization is an infringement of copyright.

Which of the following is correct? After a term of protection expires, copyrighted works may never be printed again without permission of the original copyright holder. The original works of Shakespeare are protected by copyright. The exclusive rights of copyright owners are separate and distinct from each other. Under current copyright law 1998, protection continues for the life of the author plus 120 years.

The exclusive rights of copyright owners are separate and distinct from each other.

How does the US Copyright Act account for the interest in free expression while allowing copyright owners some protection for their works? (Choose two). The fair use doctrine allows users to copy and reproduce a work at will, without regard to the circumstances of the use or impact on the market, as long as that use is done in the name of the First Amendment. The idea-expression dichotomy means that only ideas can be copyrighted, not expression, and therefore users are free to copy a creator's expression. The fair use doctrine allows users to engage in certain uses of works even though those uses would otherwise be infringement. The idea-expression dichotomy means that only expression can be copyrighted, not ideas, and therefore users are free to copy a creator's ideas.

The fair use doctrine allows users to engage in certain uses of works even though those uses would otherwise be infringement. The idea-expression dichotomy means that only expression can be copyrighted, not ideas, and therefore users are free to copy a creator's ideas.

Which of the following is not correct? Copyright protection begins as soon as a work is fixed in tangible form. Trademark protection is automatic upon creation. Inventions can be patented to protect potential profits. Names of products or services can be trademarked.

Trademark protection is automatic upon creation.

Which of the following is not correct? Trademark dilution laws are intended to protect trademarks from uses that blur their distinctiveness or that tarnish or disparage them, even in the absence of a likelihood of confusion. Cybersquatting is prohibited by legislation, and by other organizations that mediate domain name disputes. Trademarks that are not sufficiently protected can become generic terms. Using a competitor's trademark in comparative advertising or promotion is illegal.

Using a competitor's trademark in comparative advertising or promotion is illegal.

Which of the following is less likely than the others to be protected by fair use?

an educational workbook that is designed to be used only once

What types of works are subject to copyright protection? (Choose up to three.) books, magazines and newspapers, among others architectural drawings DVDs, CDs and other digital files, among others slogans such as Nike's "Just Do It"

books, magazines and newspapers, among others architectural drawings DVDs, CDs and other digital files, among others

What is the single most important factor in analyzing the fair use defense?

effect of the use upon the potential market for or value of the copyrighted work

True/False: Any one of the four factors for determining fair use may, in isolation, defeat a fair use defense.

false

What are the requirements for copyright protection of a work?

proper subject matter, originality, and fixation

What rights does a copyright owner have in his or her work?

the right to prevent all others from reproducing, distributing, publicly displaying, or publicly performing the work, among others

What is the constitutional purpose of legal protections for patents and copyrights?

to provide an incentive so society can progress

True/False: Compulsory licensing limits the exclusive rights of copyright owners; it compels the owners of certain types of intellectual property to allow others to use that property for a reasonable fee.

true

True/False: Parody must target the original, not just use its style and genre; it must be transformative of the original.

true

True/False: The fair use defense might permit the use of an entire work.

true