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BYU COMMS300 ONLINE MIDTERM CH.5

Terms in this set (22)

Which of the following is NOT correct?

A. works copyrighted in the US are protected internationally in part by the Berne Convention of 1989
B. ideas can be copyrighted
C. original works of authorship must be fixed in a tangible medium of expression in order to be copyrightable
D. copyright law is designed to stimulate and produce progress in science and the arts
B. ideas can be copyrighted
Which of the following is NOT correct?

A. copyright protection begins as soon as a work is fixed in tangible form
B. names of products or services can be trademarked
C. inventions can be patented to protect potential profits
D. trademark protection is automatic upon creation
D. trademark protection is automatic upon creation
Which of the following is correct?

A. a work must necessarily be "novel" to be copyrightable
B. a band must pay royalty fees if it wants to play copyrighted works in private practice sessions
C. photography and filming of actual events are copyrightable
D. sporting events can be copyrighted
C. photography and filming of actual events are copyrightable
Which of the following is correct?

A. it is not permissible to perform copyrighted works in church without paying royalties
B. copyright holders retain exclusive rights to reproduce, distribute, and perform their copyrighted works
C. news events can be copyrighted
D. ideas and facts can be copyrighted
B. copyright holders retain exclusive rights to reproduce, distribute, and perform their copyrighted works
Which of the following is correct?

A. the original works of Shakespeare are protected by copyright
B. after a term of protection expires, copyrighted works may never be printed again without permission of the original copyright holder
C. the exclusive rights of copyright owners are separate and distinct from each other
D. under current copyright law 1998, protection continues for the life of the author plus 120 years
C. the exclusive rights of copyright owners are separate and distinct from each other
Which of the following is correct?

A. a work must carry a copyright notice in order to be protected under copyright law
B. the primary purpose of intellectual property law is to benefit the financial interests of the creators
C. freelancers maintain copyright ownership unless it is agreed by contract that a commissioned work is a work made for hire
D. journalists who work for newspapers or broadcast outlets retain the copyright to the articles and stories they produce
C. freelancers maintain copyright ownership unless it is agreed by contract that a commissioned work is a work made for hire
Which of the following is NOT correct?

A. one may not register after the infringement occurs
B. the statue of limitations on copyright infringement is three years
C. a copyright owner may not sue for infringement unless the work is registered with the Copyright Office
D. to prove infringement in a law suit, the owner plaintiff must prove that the defendant had access to the copyrighted work, and that the two works are substantially similar
A. one may not register after the infringement occurs
Any one of the four factors for determining fair use may, in isolation, defeat a fair use defense

T or F
False
Which of the following is less likely than the others to be protected by fair use?

A. a factual work
B. a non-transformative work
C. a work that is out of print
D. an educational workbook that is designed to be used only once
D. an educational workbook that is designed to be used only once
The fair use defense might permit the use of an entire work

T or F
True
What is the single most important factor in analyzing the fair use defense?

A. purpose and character of the use
B. amount and substantiality of the portion used
C. nature of the copyrighted work
D. effect of the use upon the potential market for or value of the copyrighted work
D. effect of the use upon the potential market for or value of the copyrighted work
Parody must target the original, not just use its style and genre; it must be transformative of the original

T or F
True
Compulsory licensing limits the exclusive rights of copyright owners; it compels the owners of certain types of intellectual property to allow others to use that property for a reasonable fee

T or F
True
Which of the following is correct?

A. posting copyrighted photos on computer bulletin board systems without authorization is an infringement of copyright
B. reproducing a magazine's trademark on computer bulletin board systems without permission is not a violation of trademark law
C. internet service providers are held to a standard of strict liability for copyright infringements by their subscribers
D. if an ISP removes a user's material that it thinks is in violation of copyright infringement from its site, it is then liable for damages to the alleged infringer
A. posting copyrighted photos on computer bulletin board systems without authorization is an infringement of copyright
Which of the following is NOT correct?

A. trademark dilution laws are intended to protect trademarks from uses that blur their distinctiveness or that tarnish or disparage them, even in the absence of a likelihood of confusion
B. cybersquatting is prohibited by legislation, and by other organizations that mediate domain name disputes
C. trademarks that are not sufficiently protected can become generic terms
D. using a competitor's trademark in comparative advertising or promotion is illegal
D. using a competitor's trademark in comparative advertising or promotion is illegal
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