Chapter 14: Copyright and Trademark

Question 1

What are the Four Criteria of Fair Use?

Answer 1

1)

Question 2

What are the Four Categories of Trademarks?

Answer 2

1) Fanciful - Think Made Up Words
2) Arbitrary - Real Words That Have No Relation to the Product (Apple)
3) Suggestive - Suggest Some Attributes of the Product but do not clearly describe it. (Chicken of the Sea)
4) Descriptive - Directly describes the features of the product without any additional thinking. (Holiday Inn.)

Question 3

What are the Five Categories of Things that Cannot Be Copyrighted?

Answer 3

1) Trivial Materials - Such as Slogans and Titles.
2) Ideas - Like for a table.
3) Facts
4) Utilitarian Goods - You can’t copyright all Lamps.
5) Methods, Systems, Mathematical Principles, Formulas, Equations.

Question 4

Define Misappropriation.

Answer 4

Occurs when a person attempts to pass of his or her work as the work of someone else or the work of someone else as his or her own work.

Question 5

What are the Four Criteria of Fair Use?

Answer 5

1) The Purpose and Character of the Use. (Teaching, Criticism, and Scholarship are all protected under this criteria.)
2) Nature of the Copyrighted Work - Is it already published? Is it a consumable work? Is it still available?
3) The Amount of a Work Used? - Did I take the ending out of a book? Did I copy 50% of a movie word for word.
4) Effect on the Market for the Original