Intellectual Property

Question 1

Some legal scholars trace the evolution of U.S. copyright law back to seventeenth-century Britain with the creation of these.

Answer 1

What is the Licensing Act of 1662 or the Statute of Anne in 1710?

Question 2

Authors are granted the exclusive right to their work via _______, and products are given exclusivity through _________.

Answer 2

copyrights; trademarks

Question 3

True or False: Copyrights are granted for a limited time.

Answer 3

True. Authors have the right to control their works only for a certain length of time.

Question 4

The first U.S. copyright statute came in 1790, adopting a __- year limit, with an option for the author to renew for another __ years. If an author died or no longer had an interest in the copyrighted work, it would pass into the ______ ______.

Answer 4

14; 14; public domain

Question 5

The creator of a book, play, poem, film, song, or any other copyrightable work has the exclusive right to control:

Answer 5

reproduction, performance, derivative works, and distribution and public display

Question 6

_______ rights allow the author to decide who may copy a work or what fee must be paid for copying, such as with music downloads.

Answer 6

Reproduction

Question 7

Copyright holders also have a right to be compensated when someone performs their works.

Answer 7

Performance

Question 8

A ________ ____ is a work based on a copyrighted work.

Answer 8

derivative work

Question 9

Taking a picture of a copyrighted work of art may or may not be a reproduction, but publicly displaying that photo is clearly a public display. Control of the rental or lease of copyrighted works is the right to control ________.

Answer 9

Public Display and Distribution

Question 10

Today almost all U.S. songwriters license their music performance rights through…

Answer 10

ASCAP, BMI, or SESAC.

Question 11

A _______ _________ allows users to pay a flat fee for an entire year’s worth of music regardless of how much they use. Users pay based on their revenues and what portion of their business depends on the use of licensed music.

Answer 11

blanket license

Question 12

True or False: Retailers who sell the music are exempt from paying copyright.

Answer 12

True. This is called a “record store” exemption.

Question 13

True or False. Licensing agencies do not handle rights other than performance rights.

Answer 13

True. It would be a violation for a radio station to burn CDs of their music to give away to listeners or to use a portion of a song as the music bed for a commercial.

Question 14

Putting music to video is known as __________.

Answer 14

Synchronization. Note: ASCAP does not license synchronization.

Question 15

Nonphysical property that stems from is identified as, and whose value is based on an idea or some ideas. Note: there has to be an element of novelty; you can’t claim something that’s not yours.

Answer 15

Intellectual Property

Question 16

Only the concrete, tangible, or physical embodiments of the idea are protected by intellectual property law; it has to be fixed into a form and location in which humans have access to it.

Answer 16

“The idea” or “Ideas”

Question 17

Copyrights are limited in duration and scope; they last for the life of the author +

Answer 17

70 years

Question 18

Types of protected works.

Answer 18

literary works, musical works, sound recordings, dramatic works, pantomimes + choreographic works, pictorial, graphic, and sculptural works, motions pictures, and architectural works

Question 19

Copyright extends to the ___________ work–not the actual copy.

Answer 19

intangible

Question 20

True or False: Works created by the federal government cannot be copyrighted.

Answer 20

True

Question 21

Who can get a copyright?

Answer 21

Human author/authors of the work

Question 22

True or False: Works made for hire belong to the employer.

Answer 22

True. 95 years from publication or 120 days from creation –whichever is shorter.

Question 23

True or False: Authors cannot go to court to enforce their copyrights unless they’ve registered it.

Answer 23

True.

Question 24

Once a copyright owner sells you a legal copy of a book or something, they no longer control the distribution rights of that copy of the work.

Answer 24

The First Sale Rule

Question 25

True or False: Fair Use acts as a “safety valve” and applies only to the distribution right and not the reproduction right.

Answer 25

True

Question 26

True or False: Fair Use is the most troublesome in the whole law of copyright because it is not defined in the Copyright Act.

Answer 26

True

Question 27

Factors of Fair Use

Answer 27

what is the purpose and character of the use (is it noncommercial, educational, or transformative {parady})

Question 28

Factors of Fair Use

Answer 28

what is the nature of the work (if it is more original and creative, it is more protected)

Question 29

Factors of Fair Use

Answer 29

how much of the work is used (quantitative and qualitative substantiality)

Question 30

Factors of Fair Use

Answer 30

what is the effect of its use on the potential market value of the copyrighted work

Question 31

Patent Law Requirements

Answer 31

the subject matter must be patentable (a matter of human inventiveness and not the product of nature)

Question 32

Patent Law Requirements

Answer 32

must be useful

Question 33

Patent Law Requirements

Answer 33

must be new or novel

Question 34

Patent Law Requirements

Answer 34

must be non-obvious

Question 35

Patent Law Requirements

Answer 35

enablement

Question 36

3 types of patents

Answer 36

utility, design, and plant

Question 37

The underlying purpose of patent law is to __________.

Answer 37

reward inventors for their skill and effort

Question 38

The underlying purpose of patent law is often in direct ___________ to the public interest.

Answer 38

opposition

Question 39

Any word, name, symbol, or device used to identify and distinguish goods from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.

Answer 39

Trademarks

Question 40

Trademarks function as a _________ __________ measure.

Answer 40

consumer protection

Question 41

True or False: functional product features are not protectable under trademark law.

Answer 41

True

Question 42

Trademark Requirements

Answer 42

has to be a symbol or a device that a court or the patent/trademark office deems to qualify

Question 43

Trademark Requirements

Answer 43

mark has to be used in interstate commerce

Question 44

Trademark Requirements

Answer 44

has to identify the mark owner’s goods and distinguish them from those manufactured and sold by others

Question 45

________, _______, and ______ marks receive automatic protection upon use because they are inherently distinctive

Answer 45

fanciful, arbitrary, suggestive