MCOM 442-Final

T/F: A corporation enjoys the same personal right of privacy as a living person.

False

T/F: A work is not protected by copyright unless it carries a notice and is registered.

False

T/F: All Internet users generally agree that copyright laws should be vigorously applied to the Internet.

False

T/F: American businesses enthusiastically adopted Internet privacy provisions identical to those adopted in the European Data Privacy Directive.

False

T/F: An employee who uses a company computer has a reasonable expectation of privacy with regard to the e-mails he or she sent or received.

False

T/F: Courts always regard the use of copyrighted material for educational purposes as a fair use.

False

T/F: Courts are in agreement that a person using wi-fi to send or receive material via the Internet enjoys a reasonable expectation of privacy.

False

T/F: In a public disclosure of private facts lawsuit, courts will always consider how a story was reported, as well as what information was reported.

False

T/F: Publication of private facts cases are the easiest type of privacy case for a plaintiff to win.

False

T/F: The defense of newsworthiness in a privacy lawsuit extends to stories about important governmental, economic, foreign policy or political issues, but it does not extend to stories about social or cultural issues.

False

T/F: The first person to discover a fact (e.g. a Peruvian fruit fly can lay 400,000 eggs) can copyright that fact.

False

T/F: The use of a name or likeness in any publication sold to a reader for a profit is considered an appropriation.

False

T/F: The use of copyrighted material by the news media is never considered an infringement.

False

T/F: The use of the likeness of a celebrity on a shirt, trading cards or other such items is always regarded as an appropriation.

False

T/F: While a few newspapers have codes of ethics, journalism organizations like the Society of Professional Journalists have not developed such codes, for fear of alienating some of their members.

False

T/F: While celebrities can stop the use of their names or likenesses in commercial vehicles like ads or films, they can't protect the use of their voice in such vehicles.

False

T/F: While most copyrighted works are protected for the life of the creator plus 70 years, a category of works called "American Treasures" are protected forever.

False

T/F: While the illegal downloading of copyrighted music has increased dramatically in the past five years, the pirating of motion pictures has decreased sharply due to the technical complexity of 3-D films.

False

In 2013, which one of the following states attempted to adopt an anti-paparazzi statute known as the "Steven Tyler Act"?

Hawaii

One reason plagiarism is more common today is

It is much easier to get access to material today via the Internet.

Which of the following would provide a plaintiff with a strong chance of winning a private facts lawsuit?

None of these would give a plaintiff much of a chance of winning.

How have U.S. courts ruled regarding the question of whether research findings can be protected by copyright?

Research findings cannot be protected by copyright.

Which of the following cannot be copyrighted?

A motion picture title.

Which of the following would not likely be protected by a trademark?

All of the above would be protected.

Sources of privacy rights in the United State today include:

Both "a" and "b" are sources of privacy rights

One of the most important scholarly articles contributing to the legal recognition of a right to privacy in the United States was published in 1890 in the Harvard Law Review and was co-authored by:

Warren and Brandeis

When Congress passed the Digital Millennium Copyright Act in late 1998, it implemented the

World Intellectual Property Organization treaties.

In privacy law, the doctrine of incidental use means

a brief or fleeting use of a person's name or likeness in a commercial vehicle is permitted.

Courts have suggested that which one of the following is tantamount to the opposite of newsworthiness?

a morbid and sensational prying into a person's private life for its own sake.

Transformative use in a right of publicity case refers to

a use that is not literal depiction of the plaintiff's likeness but that adds creative elements

To win a lawsuit for the publication of private facts, the plaintiff must show that

all of the above are correct.

Trademark law can protect

all of the above.

The Booth rule is applicable in which of the four varieties of invasion of privacy?

appropriation

A public-figure plaintiff in a false light privacy suit must prove that

both "a" and "b" was be proven.

In 2012, the 9th U.S. Circuit Court of Appeals in Marsh v. County of San Diego became the first federal appellate court to recognize a U.S.

death images.

The Supreme Court has ruled that the so-called "sweat of the brow" doctrine

does not apply in copyright cases.

Which of the four invasion of privacy torts has received the least recognition by state courts?

false light

. When determining the similarity of one work to another in an infringement question, some courts use a two-part test that asks whether the two works

have the same general theme and express this theme in the same way.

Vanna White brought a successful right of publicity case based upon the unauthorized use of:

neither her photograph nor her name.

A person's whose photo is taken without her permission while she is walking down a public street sidewalk cannot successfully sue for public disclosure of private facts but could successfully sue for:

none of the above.

The publication of the name of the victim of a rape is regarded as

permissible legally, but highly questionable ethically.

Legislation adopted by states and the federal government since the terrorist attacks of 9/11 has

placed national security interests above the right to privacy.

The two areas of the law of privacy that currently seem most affected by the Internet are

public disclosure of private facts and intrusion.

The intrusion tort differs from other right to privacy torts (appropriation, public disclosure of private facts and false light) because:

publication is not required to establish a legitimate cause of action for intrusion.

If a writer sells a magazine the first serial rights to a story she has written, the magazine has the right to

publish it first, but only once, anywhere in the world.

If Debra Price sued a newspaper for invasion of privacy after it reported that in 1971 she was arrested for planting a bomb under a police car during a protest demonstration, most courts would rule

that it is permissible to relate stories about a person's past public life.

To succeed in a cause of action for public disclosure of private facts, the private fact must be communicated:

to the public at large.

Which of the four fair use criteria usually carries the most weight?

The effect on the market value of the copyrighted work.

Which of the following uses of copyrighted material would most likely be regarded a fair use?

The use of a few stanzas of a poem in an obituary for a poet.

Which of the following is not an exclusive right recognized under copyright law?

They are all recognized rights.

T/F: It is easier for the creator of a fictional character to protect the subsequent use of his or her work than it is for the author of a nonfiction work.

True

T/F: Persons who send e-mail messages and participate in chat rooms on the Internet do not have a reasonable expectation of privacy under the law.

True

T/F: The plaintiff must show that the defendant had access to his or her work when suing for copyright infringement.

True

T/F: The publication of information that has been obtained through an illegal intrusion is not considered an invasion of privacy if the reporter or editor had nothing to do with the intrusion.

True

T/F: Under the Digital Millennium Copyright Act, individuals who transmits a copyrighted work on the Internet cannot be held liable for damages if they immediately remove the material as soon as they are told to do so by the copyright holder.

True

T/F: While most courts in libel actions have rejected the notion of the involuntary public figure, courts have generally recognized this concept in privacy cases.

True