Quarter 1 Module 8: Intellectual Property, Copyright, and Fair Use Flashcards
Anything that comes into being through invention or artistic creation that include inventions, literary or artistic work, images, symbols, etc. is ___________ ______
Intellectual property
any rights given to persons over the creations of their minds is called
___________ ________ _________
the right of an owner of intellectual property (authors of literary and artistic works such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) to control how that property is copied, altered, sold, etc.
Copyright
ideas cannot be copyrighted
for a minimum period of ___ years after the death of the author.
50
occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
Infringement of copyright
is anyone who violates any
of the exclusive rights of the copyright owner is an infringer of the copyright or right of the author.
Copyright Infringer
______ ____ lets you use a copyrighted work in a “transformative” way so that what you create is substantially different and not derivative of the original, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
Fair use
Why did Starbucks lose to a lookalike in 2006?
Starbucks lost the legal battle to a Chinese coffee shop called “Xingbake” because the court found that “Xingbake” was not misleading to local consumers. The court ruled that the term was not a direct imitation since “Xing” means “star” and “bake” sounds similar to “bucks,” but not enough to constitute trademark infringement under Chinese law.
What do you think will be the decision of the court (PayPal vs Pandora)? Give your arguments.
The court is likely to favor PayPal, as the confusion caused by Pandora’s new logo could harm PayPal’s brand identity. With clear visual similarities, social media evidence of user confusion, and Pandora entering the tech space where PayPal operates, the court may determine this as trademark infringement or unfair competition.
Note: But Ultumately the case was later dismissed, meaning it was abandoned rather than resolved. The case was dismissed, and it appears that Pandora stopped using its new sans-serif “P” logo.
PayPal Money —- Pandora Music
Is it Fair Use or Not Fair Use (Salinger case)? Give your reasons.
It is not fair use because the biographer paraphrased large portions of unpublished letters without the author’s permission. Fair use often protects commentary or critique, but this case involved using private, copyrighted material that had not been publicly released, violating Salinger’s right to control the publication of his work.
Measuring Fair Use: The Four Factors?
-the purpose and character of your use
-the nature of the copyrighted work
-the amount and substantially of the portion taken, and
-the effect of the use upon the potential market
A legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work.
A. Copyright
B. Plagiarism
C. Cyber Bullying
D. Computer addiction
A. Copyright
An act or instance of using or closely imitating the language and thoughts of another author without authorization.
A. Copyright
B. Plagiarism
C. Cyber Bullying
D. Digital Divide
B. Plagiarism
Bullying that takes place online, or using electronic technology such as cell phones, computers, and tablets over communication tools including social media sites, text messages, chat, and websites
A. Copyright
B. Plagiarism
C. Cyber Bullying
D. Computer addiction
C. Cyber Bullying
The excessive use of computers to the extent that it interferes with daily life.
A. Copyright
B. Plagiarism
C. Cyber Bullying
D. Computer addiction
D. Computer addiction
An economic inequality between groups in terms of access to, use of, or knowledge of ICT.
A. Copyright
B. Plagiarism
C. Digital Divide
D. Computer addiction
C. Digital Divide
Refers to the copying of a copyrighted material, with the purpose of using it for a review, commentary, critic, or parody, without the need to ask permission
from the copyright owner.
A. Copyright
B. Fair use
C. Plagiarism
D. Digital Divide
B. Fair use
Refers to a work which ridicules another in a funny, inoffensive, and non-derogatory manner.
A. Copyright
B. Fair use
C. Parody
D. Plagiarism
C. Parody
Pertains to the output of a person’s intellectual pursuit, such as his literary and artistic works, inventions, logos, symbols, and signs, as well as names and images used for commercial purpose or advertisements.
A. Fair use
B. Parody
C. Plagiarism
D. Intellectual property
D. Intellectual property
It is protected by law and cannot just be used and reproduced without per- mission. Otherwise, violation of such can merit legal sanctions.
A. Copyright
B. Fair use
C. Parody
D. Intellectual property
A. Copyright
Pertains to an exclusive right granted to an invention.
A. Fair use
B. Patent
C. Parody
D. Plagiarism
B. Patent
A graduate student of the country’s premier state university submitted a photograph as his own and won a contest sponsored by the Chilean ambassador. The photograph
was copyrighted by Children at Risk Foundation. What issue can be found here?
A. Cyber Bullying
B. Plagiarism
C. Digital Divide
D. Computer addiction
B. Plagiarism
Mr. Carabuena was caught on video harassing the MMDA. The Video was posted and netizens were very angry about it that they commented harsh words on Mr. Carabuena. A. Cyber Bullying B. Plagiarism C. Digital Divide D. Computer addiction
A. Cyber Bullying
