Quiz 3 Flashcards
What can’t be copyrighted?
Facts and ideas
Requirements to acquire copyright protection
- Original
- Fixed in a tangible medium of expression
- Moderately creative
What doesn’t qualify as a copyrighted work?
U.S. government documents
Works created after Jan 1, 1978 are ______
protected throughout the life of the author plus 70 years
Registering a work through the Copyright Office is NOT required to protect a work from infringement
True
ASCAP, BMI, and SESAC are government organizations that regulate copyrighted work
False
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
True
These are considered fair use of a work
Criticism, comment, news reporting, and teaching
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
false
What are copyright holders rights?
Right to:
- Reproduce work
- create derivative work
- distribute work
T or F: A parody of copyrighted work is a protected form of fair use.
True
With respect to news items, Copyright law protects _____
The style and manner of how a specific story is presented
Work for hire is:
Work prepared by an employee in the scope of his or her employment, but owned by the employer
Patents must be registered through the U.S. patent and trademark office
True
Trade secrets are never registed, because registration could divulge the secret to the public
True
Apple suing samsung over using similar packaging for the galaxy phone is an example of______
trade dress
Trademark dilution is “the lessening of the capacity of a famous mark to identify and distinguish goods and services.”
True
According to the textbook, the best way to protect a trade secret is to keeping it secret.
true
Collective marks identify membership organization
true
A trademark designed specifically for the product or service is a ______
fanciful mark (Google)
A trademark that has no relationship to the purpose or characteristic of the product or service it represents is a
Arbitrary mark (Exxon)
A trademark is considered abandoned when the owner discontinues its use
true
trademark infringement occurs when a registered mark is used without permission of the mark’s owner that is likely to confuse consumers
True
One acquires trademark protection by being the first to use a trademark in the marketplace
true
Patent, trademark, and trade secret law protect:
industrial property
A remedy for trademark infringement is ______
Injunctive relief, issuing a fine, seizure and destruction of infringing articles
