Intellectual Property


Section I – True/False Multiple Choice  20 Questions 2 points each

For Each item below, please circle TRUE or FALSE or circle the BEST answer

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  1. Last month, John sent several copies of his new screenplay to several Hollywood studios hoping to get one of them interested in making a movie using his screenplay. He realizes after he has sent them that he did not include a Copyright marking on the copies of the screenplay.  As a result, the studios are free to use his screenplay since he has lost his copyright.

 

TRUE

FALSE

 

  1. While copyright protection covers music and compositions, it does not cover poems because these are too short.

 

TRUE

FALSE

 

  1. A copyright holder has the exclusive right to distribute copies of the work to the public.

 

TRUE

FALSE

 

 

 

  1. When registering the copyright for a book, you are required to submit how many copies of the book to the Library of Congress?
  2. Three
  3. One
  4. Two
  5. There is no requirement to submit a copy to register the work

 

  1. When a copyright holder is successful in a copyright infringement action, which of the following are available as remedies?
  2. Injunction
  3. Actual damages
  4. Statutory damages
  5. Seizure, destruction
  6. All of the Above

 

 

 

  1. Which of the following is not one of the four factors used to determine Fair Use?
  2. the purpose and character of the use
  3. the nature of the copyrighted work
  4. whether the work has been registered
  5. the effect on the potential market for the copyrighted work

 

 

  1. Michael purchases a Marvel comic book from Walmart. He reads the comic book, and then trades it to his friend Mark for a different comic book.  This is permissible under the First Sale Doctrine.

 

TRUE

FALSE

 

 

 

  1. The U.S. Constitution grants the President the authority to establish Copyright rules for the United States.

 

TRUE

FALSE

 

  1. The copyright term for a book by a single author that is completed in 1996 is:
  2. 120 years from the date that it was published.
  3. 28 years plus another 28 years if the registration for the work is renewed within the first 28 years.
  4. 95 years from the date of completion.
  5. The life of the author plus 70 years.

 

  1. In copyright law an orphan work is a work that is completed by an orphan under the age of majority and is treated as a work for hire in determining the copyright term.

 

TRUE

FALSE

 

  1. Which of the following is true for a new ballet created in the year 2020?
  2. If the ballet is fixed in a tangible medium, such as a video recording, it is subject to copyright protection.
  3. Ballets are never subject to copyright protection.
  4. Copyright protection is only available as a work for hire, if the performers sign their rights to the producer of the ballet.
  5. Under the First Sale Doctrine, once tickets are sold for performances, copyright protection is no longer available.

 

 

 

  1. The blueprints to a home are not subject to copyright protection because they merely document the factual requirements necessary to build the home.

 

TRUE

FALSE

 

  1. In 2021, unexpectedly, the Boston Celtics basketball team goes on a run in the playoffs and makes it to the NBA championship finals.  During this run, the Celtics’ coach Brad Stevens continually uses the phrase “No Quitting Until We Win It All.”  The coach has Tee Shirts made using the phrase.  Once the phrase is fixed in the Tee Shirts as a tangible medium, the phrase is subject to copyright protection.

 

TRUE

FALSE

 

  1.  The President of the United States asks the U.S. Department of Homeland Security to develop maps of evacuation routes for all U.S. cities in the event of a major catastrophe.  The maps are copied by Sally Jones and published in a book.  Sally has infringed on the U.S. Government’s copyrights in the maps.

 

TRUE

FALSE

 

  1. Typical photographs taken by tourists on vacation are not subject to copyright protection because they lack creativity.

 

TRUE

FALSE

 

 

 

  1. In copyright law, the term Mechanical License refers to the ability for anyone to legally copy the manual for mechanical devices, such as automobiles under the Right to Repair.

 

TRUE

FALSE

 

  1. A Non-Disclosure Agreement (NDA) is a contract that may be used to try to protect ideas that may not otherwise be protectable by copyright law.

 

TRUE

FALSE

 

  1. John Wiffle, the son of the original inventor of the Wiffle Ball, comes up with a new hole pattern for a plastic ball that makes the ball function in a completely different way than the original Wiffle Ball.  John’s new design may be the subject of copyright.

 

TRUE

FALSE

 

  1. When a very creative work is partially copied, it is less likely that fair use will apply.

 

TRUE

FALSE

 

  1. If a copyright holder is successful in enforcing their copyright against an infringer, they can get damages as a result, but the infringer is allowed to keep infringing, since they have paid damages.

 

TRUE

FALSE

Short Answer 5 Questions (12 points each)

Please answer each question and provide reasons for your answer.

 

  1. To enable its search engine service, Google collects all the text on the World Wide Web and arranges the words into alphabetized indexes (i.e. lists all the words in alphabetical order, with information as to where each word was found). Does Google have copyright protection in those indexes?

 

 

 

 

 

 

 

 

 

 

  1. Before Arthur’s book is published, another author hears of the great idea behind the book and quickly writes his own novel using Arthur’s idea. Does that infringe Arthur’s copyright?

 

 

 

 

 

 

 

 

 

 

  1. Harriet writes a book of history. She can prove that Jackal copied many facts from Harriet’s book into Jackal’s book of history. Before writing his book, Jackal had bought a copy of Harriet’s book and too many facts are in both books for it to be coincidence. Is that copyright infringement? Harriet included, in the book, intentional errors, so she could catch anyone copying her material.  Is it copyright infringement to copy the errors?  What if Jackal gives credit to Harriet as a source for material for his book?

 

 

 

 

 

 

 

 

 

 

  1. You read a new novel by your favorite author JD Hemmingway titled “The Catcher and the Whale.” You have a great idea for a sequel to the novel.  You contact Hemmingway with your idea, and she says that she has no interest in writing the sequel.  You go ahead and write the sequel yourself.  If this copyright infringement?

 

 

 

 

 

 

 

 

 

 

 

  1. A well-known former professional athlete, now sports commentator, writes editorial cartoons that he does not publish but distributes to friends. The cartoons reflect his somewhat radical social and political views.  One of the friends provides a copy to a newspaper, which prints portions of the cartoons and comments on the views of the athlete.  Is this copyright infringement or fair use?

 

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