Quiz 1.3 Ch. 8 & 9

With everything you do, you can be sued for __________ if you fail to act with ordinary care, because you always have a duty to act as a reasonable and prudent person would act given the same set of circumstances. a. negligence b. copyright infringement c. tortious interference with a contract d. all of the above

a. negligence

If the fair use doctrine applies, then an individual can use copyrighted material without permission of the owner of the copyright. True or False

True Yes, the fair use doctrine allows individuals to use copyrighted works without permission of the owner for things like parody, instruction, research, journalism, etc.. when the factors under the fair use doctrine are satisfied. Review those factors.

Negligence liability for professionals, such as doctors or lawyers, can result when the professional fails to act with the same degree of care as a. a reasonable person with no professional experience. b. another professional that always uses extraordinary care. c. a reasonable professional in the same profession. d. none of the above.

c. a reasonable professional in the same profession. Professionals must always use the same degree of care another reasonable professional would use given the exact same set of circumstances. Professionals must also adhere to any standards required by statute.

Copyright law requires a consideration of which four factors in determining the application of the fair use doctrine? a. the nature of the work, the extent of the copying, the visibility of the original work, and the value of the copyrighted work b. the purpose and character of the use, the nature of the work, the extent of the copying, and the quality of the copyrighted work c. the purpose and character of the use, the nature of the work, the extent of the copying, and the value of the copyrighted work d. the nature of the work, the quality of the original work, the extent of the copying, and the value of the copyrighted work

c. the purpose and character of the use, the nature of the work, the extent of the copying, and the value of the copyrighted work Fair Use is a legal defense against copyright infringement. It is the limited use of copyrighted material for comment, criticism, or parody. Some examples would include publishing lines from a book as part of a review, creating funny caricatures based on copyrighted material, or using copyrighted material as a visual aide while teaching. No permission is needed from the copyright owner for these purposes. The four factors considered by courts in determining whether the use constitutes fair use are the purpose and character of the use (for example, commercial use vs. teaching will be considered differently by a court), the nature of the work (for example an individuals private art collection vs. an advertisement in the public domain), the extent of the copying (full, partial, very little, etc...), and the value of the copyrighted work (does the use of an effect on the work's value)