Quiz 3 Flashcards

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0
Q

What can’t be copyrighted?

A

Facts and ideas

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1
Q

Requirements to acquire copyright protection

A
  1. Original
  2. Fixed in a tangible medium of expression
  3. Moderately creative
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2
Q

What doesn’t qualify as a copyrighted work?

A

U.S. government documents

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3
Q

Works created after Jan 1, 1978 are ______

A

protected throughout the life of the author plus 70 years

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4
Q

Registering a work through the Copyright Office is NOT required to protect a work from infringement

A

True

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5
Q

ASCAP, BMI, and SESAC are government organizations that regulate copyrighted work

A

False

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6
Q

First sale doctrine allows the owner of a copyrighted work to sell, give away, or destroy the copy he or she owns without the copyright owners permission

A

True

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7
Q

These are considered fair use of a work

A

Criticism, comment, news reporting, and teaching

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8
Q

Under the first sale doctrine, when you buy copyrighted work you are allowed to make copies from your physical copy of a work and sell it

A

false

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9
Q

What are copyright holders rights?

A

Right to:

  1. Reproduce work
  2. create derivative work
  3. distribute work
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10
Q

T or F: A parody of copyrighted work is a protected form of fair use.

A

True

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11
Q

With respect to news items, Copyright law protects _____

A

The style and manner of how a specific story is presented

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12
Q

Work for hire is:

A

Work prepared by an employee in the scope of his or her employment, but owned by the employer

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13
Q

Patents must be registered through the U.S. patent and trademark office

A

True

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14
Q

Trade secrets are never registed, because registration could divulge the secret to the public

A

True

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15
Q

Apple suing samsung over using similar packaging for the galaxy phone is an example of______

A

trade dress

16
Q

Trademark dilution is “the lessening of the capacity of a famous mark to identify and distinguish goods and services.”

A

True

17
Q

According to the textbook, the best way to protect a trade secret is to keeping it secret.

A

true

18
Q

Collective marks identify membership organization

A

true

19
Q

A trademark designed specifically for the product or service is a ______

A

fanciful mark (Google)

20
Q

A trademark that has no relationship to the purpose or characteristic of the product or service it represents is a

A

Arbitrary mark (Exxon)

21
Q

A trademark is considered abandoned when the owner discontinues its use

A

true

22
Q

trademark infringement occurs when a registered mark is used without permission of the mark’s owner that is likely to confuse consumers

A

True

23
Q

One acquires trademark protection by being the first to use a trademark in the marketplace

A

true

24
Q

Patent, trademark, and trade secret law protect:

A

industrial property

25
Q

A remedy for trademark infringement is ______

A

Injunctive relief, issuing a fine, seizure and destruction of infringing articles