Ch 14 Copyright and trademark
Identify a true statement about the extent of freedom granted to the owners of a copyright over the use of their creations.
They are granted almost exclusive monopoly over the use of their work.
American copyright law directly derives from the _____.
U.S. constitution
Works for hire that include books written by an author for a publisher holds copyright for _____.
a period of 95 years after publication
The law of appropriation is intended to stop _____.
a person trying to pass off the work of someone else as his or her own work
An additional legal remedy that is invoked in suits for copyright infringement is called _____.
misappropriation
In determining whether the use of a work is a fair use, it is important to consider the _____.
relative proportion of the work used
In a copyright infringement suit, the plaintiff must prove that the original work and the infringed work are not only the same, but that _____.
the defendant had access to the copyrighted work
The clips were used for the purpose of criticism.
the effect of the use on the potential market for, or value of, the copyrighted work
In the context of copyright infringement, when does an assessment of the originality of a work happen?
when the owner of the work pursues a lawsuit
Identify a circumstance that may lead to the loss of trademark protection.
Failing to prevent the generic usage of marks
Identify a true statement about the rights of the freelance journalists.
The creator of the work can sell the rights to the publishers.
Identify the rights that are recognized under the copyright law.
The right of preparation of derivative works The right of public distribution of the work The right of reproduction of the work
Apart from illegal downloading of copyright protected TV shows and films, identify a new threat faced by the industry.
Video streaming technology
A right that is issued by the U.S. government and is aimed at protecting the rights of inventors is called _____.
a patent
While determining the use of particular work as a fair use, it is important to consider the _____.
effect of the use on the potential market for the copyrighted work
_____, the most difficult issue in copyright law, is a mixed inquiry of fact and law, which oftentimes can lead to differing opinions on how the factors weigh out.
fair use
Rex, a pop singer, used few popular phrases from a novel in one of his songs. The author of the novel sued the singer for copyright infringement. Rex can claim that this was fair use by proving that _____.
his song did not pose a threat on the market for the author's book
In dealing with a case involved in determining the fair use of work, courts _____.
will consider the exact copying of words
Identify a limitation on exclusive monopoly granted to the creators of the copyrighted work.
The limited copying of copyrighted material
In the context of the dimension of access in an infringement suit, which of the following should a plaintiff do to prove piracy of a copyrighted work?
The plaintiff must convince the court that the defendant had an opportunity to copy the work.
Identify a true statement about copyright protection.
The protection of copyright does not last forever.
Identify the purpose of the two new copyright rules framed by the World Intellectual Property Organization in the mid-1990s.
The rules gave copyright protection to the owners of digitized works.
According to Section 107 of the 1976 copyright law, _____ is considered as a fair use.
critical commentary on a copyrighted content
After the provisions of Berne Convention became applicable to American copyright law in 1989, protection from infringement _____.
does not require the affixing of a copyright notice
Copyright law specifically states that a(n) _____ cannot be copyrighted.
idea
Absence of copyright notice on a work gives the infringer a chance to claim _____.
innocent infringement
An individual's attempt to make multiple copies of a consumable work is _____.
not a fair use of the work
In a copyright violation suit over telephone directories, Supreme Court Justice Sandra Day O'Connor, quoting former justice William Brennan, stated that the primary object of copyright law is to _____.
promote the process of science and the arts
The _____ is one of the important factors that determine whether the use of a particular work is a fair use.
purpose and character of the use
By its very nature, _____ lends itself to the theft of the works of others.
the Internet
Click and drag on elements in order Rank the steps involved in registering a copyrighted work with the federal government. (Place the initial step at the top of the list.)
1. Fill out the proper registration form 2. pay an appropriate registration fee required for the type of the work being registered 3. deposit two complete copies of the work with the copyright office
Identify a method adopted by the studios to combat the piracy of video products.
Releasing major films on the same day worldwide
The copyright law gives the owner of a work a period of _____ to register a copyrighted work with the federal government once it is published or broadcast.
90 days
True or false: Beginning writers and photographers have much choice in deciding which rights are to be given to the publishers.
False
True or false: If the particular use of a copyrighted work falls into one of the protected categories listed under fair use, it implies that a fair-use defense will automatically be successful.
False
Identify a true characteristic of the doctrine of fair use.
It permits limited copying of a copyrighted original creation that has not yet fallen into the public domain.
Identify a function performed by the Digital Millennium Copyright Act (DMCA).
It prevents the circumvention of technological measures that control access to copyrighted works.
Identify a limitation on the almost exclusive monopoly granted to the owners of a copyright.
It protects only original authorship or creation.
Identify a true characteristic of the law of appropriation.
It stops a person trying to pass off his or her work as that of someone else.
in the context of media law, identify a true statement about misappropriation.
Misappropriation remains largely a creature of common law.
Identify the categories listed by the law that may be protected by fair use. (Check all that apply.)
Scholarship Teaching Research Comment
Maxview, a television channel, in its weekly film review program, showed a few video clips from a newly released movie the host reviewed. The producer of the movie claimed that Maxview was involved in copyright infringement. Using the criteria for determining the fair use of copyrighted content, identify the purpose and character of the use in this scenario.
The clips were used for the purpose of criticism.
Identify an important factor to be considered before an infringement suit can be maintained.
The copyright on the plaintiff's work must be valid.
Identify an eligibility required by the law to sue for copyright infringement.
The copyrighted work must be registered with the federal government.
True or false: According to the fair-use doctrine, using part of a copyrighted work that is out of print is far less serious than using a segment of a book that can be readily purchased at a local bookstore.
True
The fair use doctrine permits small amounts of copying as long as the publication of the material _____.
advances science, the arts, criticism, and so forth
According to Justice Sandra Day O'Connor, to negate fair use, a person only needs to show that if the challenged use should become widespread, it would _____.
adversely affect the potential market for the copyright work
An entertainment channel releases the video clips of a movie, which is yet to be released, without the permission of the production team of the movie. In this scenario, the use of movie clips _____.
cannot be considered as fair use
Until 1989, according to the American copyright law, a work would not be protected from infringement unless it contained a .
copyright notice
Courts will not take action against a television show that critiques newly-released books for infringement of copyright because _____.
criticism is protected by the fair-use doctrine
Protecting copyrighted work from infringement is difficult on the Web because _____.
it allows easy access and distribution of content
A telephone book cannot be protected by copyright law because _____
it is a mere collection of facts
The U.S. copyright office strongly urges the creators to include the copyright notice on their works because copyright law _____.
protects the innocent infringer from liability for infringement
Identify an intangible material that cannot be copyrighted.
slogan
In a copyright suit where an individual has released a major part of the content of an unpublished book without consent, the nature of the copyrighted work criterion would favor _____.
the author or the owner of the book's copyright
Until 1989, in America, failure to affix a copyright notice to the work meant _____.
the automatic loss of copyright protection
The fourth criterion of the fair-use doctrine is _____.
the effect of the use on the potential market for, or value of, the copyrighted work
Under the Sonny Bono Copyright Extension Act, any work created after January 1, 1978, will be protected for _____.
the life of the creator, plus 70 years
Alex, an author, in his newly released book used a popular painting copyrighted by the artist. The artist has accused Alex for copyright infringement. However, Alex claims that it is a fair use of work. The artist's argument could be strengthened if _____.
the painting used in Alex's book has affected the market of the painting
Failure to use a trademark protected name for as little as _____ can constitute trademark abandonment.
three years
Jake published a book that mirrored the underlying theme of a popular novel. In an attempt to confuse readers, the cover of his book closely resembled that of the popular novel from which he took inspiration. In this scenario, Jake is _____.
trying to pass off his work as someone else's
Andre, an artist, recreates a popular painting created by a famous artist and sells it to people with his signature on it. He claims himself to be the original creator of the painting. In this scenario, Andre is _____.
trying to pass the work of someone else as his own
