Worksheet 27.2: Copyrights, Trademarks, Trade Secrets

5. Which of the following purposes is a court likely to find is covered by the fair use doctrine? Select all that apply. a. Reporting b. Education c. Parody d. Promoting greater access to the work e. Name recognition f. Profit enhancement

a. Reporting b. Education c. Parody

8. Which of the following are reasons that a trademark would NOT be legally valid? Select all that apply. a. The mark is the same as the generic name for the product. b. The mark has no relationship to the product. c. The mark is not a creative symbol, but rather a description of the product. d. The mark is a surname. e. The mark is offensive or immoral. f. The mark is not appealing to consumers. g. The mark is too similar to an existing trademark.

a. The mark is the same as the generic name for the product. d. The mark is a surname. e. The mark is offensive or immoral. g. The mark is too similar to an existing trademark.

4. A copyright in the U.S. is valid until 70 years after the death of the work's last living author. If the author is a corporation, a copyright is valid for 95 years from publication or 120 years from creation, whichever is shorter. a. True b. False

a. True

2. A work becomes copyrighted: a. automatically when it is put into a tangible form. b. when the author files with the Copyright Office of the Library of Congress. c. when the Copyright Office approves a copyright application. d. whenever the copyright symbol (©) is attached to the work.

a. automatically when it is put into a tangible form.

6. The Digital Millennium Copyright Act makes it illegal to: (select all that apply) a. delete copyright information or distribute false copyright information. b. circumvent encryption or scrambling devices on copyrighted work. c. encrypt or scramble copyrighted work. d. distribute copyright information electronically. e. sell parodies of music on the internet.

a. delete copyright information or distribute false copyright information. b. circumvent encryption or scrambling devices on copyrighted work.

9. Fill in the blanks with the word(s) that best complete the passage. A trade secret is a formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors who do not know the information. In addition to considering the competitive advantage, a court will consider whether the information was readily available, and difficult (and/or expensive) to obtain, when determining whether something is a trade secret. Another important consideration is whether the company made reasonable efforts to protect it.

business competitors know readily available difficult reasonable efforts

7. Which of the following are benefits of registering a trademark? Select all that apply. a. The holder of the mark automatically receives royalties whenever the mark is used in the country. b. It makes the mark valid locally. c. It notifies the public that the mark is in use. d. It makes the mark valid nationally. e. It allows for higher damages for infringement than under common law. f. No one may challenge the mark.

c. It notifies the public that the mark is in use. d. It makes the mark valid nationally.

3. The fair use doctrine Select Digital Millennium Copyright Act copyright registration doctrine fair use doctrine secondary use doctrine is an important exception to the limited use of copyrighted material without permission of the author.

fair use doctrine Because the period of copyright protection is so long, certain important exceptions have been carved out, including the fair use doctrine. The fair use doctrine is important because it permits limited use of copyrighted material without permission of the author. The purpose and character of the use, nature of the copyrighted work, and the amount and proportion of the work that is used, and the effect of the use upon the potential market, all are considerations when determining whether a use of copyrighted material is protected as fair use.

10. To qualify as a trade secret, the information must be a company's particular secrets, not

general secrets of the trade in which the company is engaged

1. A copyright protects the author's tangible expression of an idea Select the author's idea the author's tangible expression of an idea both the author's tangible expression and the underlying idea only innovative content

the author's tangible expression of an idea