LA final exam chp5 Copyrights, trade secrets, international protection for intellectual property

Question 1

an intangible property right granted by federal statute to the author or originator of certain literary or artistic productions

Answer 1

copyright

Question 2

copyrights can be registered with the

Answer 2

U.S copyright office (www.copyright.gov) in Washington DC

Question 3

works created after january 1,1978 are automatically given

Answer 3

statutory copyright protection for the life of the author plus 70 years

Question 4

works that are copyrightable include

Answer 4

books, records, films, artworks, architectural plans, menus, music videos, product packagaing, and computer software

Question 5

to be protected, a work must be

Answer 5

fixable in a durable medium- which it can be perceived, reproduced, or communicated

Question 6

to obtain protection under the copyright act, a work must be original and fall into one of the following

Answer 6

1.literary works (magazines, newspaper)
2.musical works and accompanying words (jingles)
3.dramatic works and accompanying music
4.pantomimes and choreographic works
5. pictorial, graphic, and sculptural works
6. motion pictures
7. sound recordings

Question 7

it is not possible to copyright an

Answer 7

idea

Question 8

copyright act specificlaly excludes copyright protection for any

Answer 8

Idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied

Question 9

compliations of facts are or are not copyrightable

Answer 9

are

Question 10

a compliation is a work formed by the

Answer 10

collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship

Question 11

the key requirement for the copyrightability of a compliation is

Answer 11

originality

Question 12

whenever the form or expression of an idea is copied,

Answer 12

an infringement of copyright occurs

Question 13

if a substantial part of the original is reproduced,

Answer 13

copyright infringement has occured

Question 14

an exception to liability for copyright infringement is made under the

Answer 14

“Fair use” doctrine

Question 15

in certain circumstances, a person or organizations can reproduce copyrighted material without

Answer 15

paying royalties (fees paid to the copyright holder for the privilege of reproducing the copyrighted material)

Question 16

in determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include

Answer 16

1. purpose and character of use, whether such use is a commmercial nature od is for non profit education purposes
2. nature of the copyrighted work
3. amount and sustainability of the portion used in relaiton to the copyrighted work as a whole
4. effect of the use upon the potential market for or value of the copyrighted work

Question 17

provides that “the owner of a particular copy or phonorecord lawfully made under the copyright act, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord

Answer 17

first sale doctrine

Question 18

generally copyright protection extends to those parts of a computer program that can be read by humans, such as the

Answer 18

highlevel language of a source code

Question 19

protection also extends to the binary-language object code, which is readable only by the

Answer 19

computer, and to such elements as the overall structure, sequence, and organization of a program

Question 20

Not everything about software is legally protected. Courts usually don’t give copyright protection to how software looks and works -

Answer 20

like its overall appearance, how you interact with it, pictures or videos it shows, menus, and other things you see on the screen

Question 21

the law of trade secrets protects some business processes and information that are not or cannot be

Answer 21

protected under patent, copyright, or trademark law against appropriation by a competitor

Question 22

basically information of commercial value, may include custoner lists, plans, research, and development, pricing information, marketing techniques, and production methods

Answer 22

Trade secrets

Question 23

unlike copyright and trademark protection, protection of secrets extends both to

Answer 23

ideas and their expression

Question 24

Under section 757 of the restatement of torts, those who disclose or use anothers trade secret without persmission are liable to that other party if

Answer 24

1. they discovered the secret by improper means
2. their disclosure or use constitutes a breach of a duty owed to the other party

Question 25

today’s computer technology undercuts a business firm’s ability to protect its

Answer 25

confidential information, including trade secrets

Question 26

how long does a patent durate

Answer 26

twenty years from the date of the application

Question 27

how long does a copyright durate

Answer 27

for author: the life of the author, plus 70 years/ for publishers its 95 years after date of publication or 120 years after

Question 28

how long does a trademark last

Answer 28

unlimited as long as it is in use

Question 29

how long does a trade secret last

Answer 29

unlimited, so long as not revealed to others

Question 30

under the berne convention of 1886, an international copyright agreement, if a U.S. citizen writes a book, every country that has signed the convention must recognize

Answer 30

her or his copyright in the book

Question 31

this agreement established standards for the international protection of intellectual property rights, including patents, trademarks, and copyright for movies, computer programs, books, and music

Answer 31

TRIPS agreement

Question 32

the trip agreement provides that each member country must include in its domestic laws..

Answer 32

Broad intellectual property rights and effective remedies

Question 33

TRIPS agreement forbids member nations from

Answer 33

discrimination against foreign owners of intellectual property rights

Question 34

each member nation must also ensure that legal procedures are available for

Answer 34

parties who wish to bring actions for infringement of intellectual property rights

Question 35

This international treaty’s goals are to increase international cooperation, facilitate the best law enforcement practices, and provide a legal framework to combat counterfeiting

Answer 35

the anti-counterfeiting trade agreement

Question 36

distinctive word, symbol that identifies the manufacturer as the source of particular goods and distinguishes products from those made or sold by others

Answer 36

trademark

Question 37

exclusive right of an author or originator of a literary or artistic production to publish, print, sell, or otherwise use that production for a statutory period of time

Answer 37

copyright