TWC 451 Final Exam

Which of the following cannot be copyrighted? -A formula -The recipe for chocolate chip cookies -An idea for a short story -Instructions on the Internal Revenue Service adoption credit published at irs.gov -The 4-step procedure for assembling your scuba gear -An invention -Architectural works -A short story

-A formula -The recipe for chocolate chip cookies -An idea for a short story -Instructions on the Internal Revenue Service adoption credit published at irs.gov -The 4-step procedure for assembling your scuba gear -An invention

Which of the following cannot be protected by copyright?

-Business Names -Inventions -Storylines -Ideas -Formulas

Which of these are names by which the Copyright Term Extension Act is referred? -CTEA -Mickey Mouse Protection Act -Sonny Bono Act -Copyright Act of 1978

-CTEA -Mickey Mouse Protection Act -Sonny Bono Act

How could a report be in the public domain?

-Copyright owner gave up their rights to the report -Owner did not follow renewal rules -Copyright term expired -A federal worker created it as part of their job

To determine when a copyright expires which of these do you need to know? -Authors date of birth -Date work was created -If it has a corporate author -Where it was published -If it was properly renewed

-Date work was created -If it has a corporate author -Where it was published -If it was properly renewed

The doctrine of first sale gives the purchaser the right to: -Distribute the work -Adapt the work -Display the work -Make copies of the work

-Distribute the work -Display the work

Select which are not true about copyright registration. -Registration is required in order for the author to own the copyright. -A work can only be registered within a year after its creation. -If a copyright is not registered, an author cannot collect statutory damages or attorney's fees. -Registration provides a number of advantages.

-Registration is required in order for the author to own the copyright. -A work can only be registered within a year after its creation.

If a book is under copyright protection, who can create a derivative work of it? -The author of the book -A derivative work gets its own copyright -Anyone who wants to can turn the book into a screenplay -Anyone that the author of the book grants permission to

-The author of the book -Anyone that the author of the book grants permission to

Intellectual property in the US is regulated through: -United States Code Title 15 Chapter 22, Title 17, Title 35 -State and Federal courts -Only the supreme court -Revise state statutes -Case law

-United States Code Title 15 Chapter 22, Title 17, Title 35 -Case Law

What was required prior to 1989 in order for a work to be protected by copyright? -A copyright notice/symbol -Could not be work for hire -The public domain -The work had to be published

A copyright notice/symbol

Stare decisis is a legal doctrine that means -That the supreme court must follow a federal district courts previous decision in deciding a case that is before them. -A circuit court of appeals must follow a federal district courts previous decision. -A lower court should follow a higher courts decision.

A lower court should follow a higher courts decision.

In the 20th century, the United States and European Union have always had the same length of copyright term. -True -False

False

Making copies of their work is the only right that copyright gives the owner. -True -False

False

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

False

Sant E. Claws is contracted by Terrific Toys to create software (a computer program) that keeps track of their business contacts. The extremely short contract specifies only the start date for the project, the completion date, the amount being paid to Claws, and the specifics of what the software must be able to do. Because there is a contract, the copyright for the software is owned by Terrific Toys. -True -False

False

Scenario: A custodian at Always Sunny Company draws a new logo for Always Sunny Company. The company immediately begins to use the logo. This is clearly a work for hire because the custodian works for the company, gets a regular paycheck and benefits. -True -False

False

Some works that were already in the public domain regained their copyright protection because of the Copyright Act of 1976. -True -False

False

The employee owns the copyright for work they create for their employer if it is within the scope of their duties. -True -False

False

The only requirement for a work to be copyrighted are the originality of the work and the minimal creativity that was used to create it. -True -False

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. -True -False

False

The sale of an object includes the copyright (the right to copy) -True -False

False

The major types of intellectual property in the text are: trademarks, patents, real property, and copyrights. -True -False

False - Trade Secrets instead of Real Property

Dalia and Fred used to work in the movie industry and are now retired. They are quite bored and decide to write a screenplay (based on the experienced of their dog and cat) together as a way to fill up the hours in the day. Their ownership of copyright for the screenplay would follow the rules for: -Derivative works -Work for hire -Joint authors/creators -Collective works

Joint authors/creators

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 avoid this by characterizing the transaction as a: -License -Derivative work -Dedication to the public domain -Copyright

License

Which is true? -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 person who created the item. -Both of these. -None of these.

None of these.

A patent gives the inventor the right to exclude others from making, using, offering to sell, selling, or importing the invention during the term of the patent. -True -False

True

According to the constitution, the purpose of copyright is to promote the progress of science and the useful arts. -True -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 -False

True

Most items enter the public domain due to old age. -True -False

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 -False

True

What is not required in order to determine the copyright expiration date for a work? -What is the author's date of death? -Is a corporate author involved? -author's birth date -publication date -location of publication (was it in US) -Was the copyright renewed? -Were the technicalities of the requirements for copyright adhered to (ie., copyright symbol)?

author's birth date