Are You Legally IP Savvy?

1.

Is it still a copyright infringement if you copy unintentionally? For instance, you did not know it was a copyright work.

Yes

No

A copyright infringement does not require you to intend to infringe the work. This means that saying you did not know is no defence. It saves a copyright owner from having to prove that you knew what you were doing which in small business is always difficult to establish.

Explanation

A copyright infringement does not require you to intend to infringe the work. This means that saying you did not know is no defence. It saves a copyright owner from having to prove that you knew what you were doing which in small business is always difficult to establish.

2.

Which business is likely to win a fight about a domain name? A business that:

Uses the name the most on the internet

Has more products

Registers the domain name first

He who registers the domain name first usually wins. Unless they have been unscrupulous e.g. registering the name of a competitor to confuse their customers.

Explanation

He who registers the domain name first usually wins. Unless they have been unscrupulous e.g. registering the name of a competitor to confuse their customers.

3.

Who is the copyright owner of a photograph?

The person taking the photograph

The person who asks for the photograph to be taken

The person who is in the photograph

If you hand your camera to someone else to take a photograph that person is the owner of the copyright in the photograph. In some countries such as Australia but not the UK, if the photograph is taken by an employee, the employer is the copyright owner.

Explanation

If you hand your camera to someone else to take a photograph that person is the owner of the copyright in the photograph. In some countries such as Australia but not the UK, if the photograph is taken by an employee, the employer is the copyright owner.

4.

Is Coca Cola a:

Copyright work

Trademark

Patent

Coca Cola is a registered trademark and this is denoted with the use of the ®. There is usually no copyright in a name. For patents think of an invention e.g. new car parts, a type of vacuum cleaner etc.

Explanation

Coca Cola is a registered trademark and this is denoted with the use of the ®. There is usually no copyright in a name. For patents think of an invention e.g. new car parts, a type of vacuum cleaner etc.

5.

It is a copyright infringement to take a photocopy of pages of a book without permission.

True

False

Photocopying is copying as well as downloading a copyright work to your computer. Copyright infringement is easily done. Most people do not worry about this unless they are the copyright owner.

Explanation

Photocopying is copying as well as downloading a copyright work to your computer. Copyright infringement is easily done. Most people do not worry about this unless they are the copyright owner.

6.

To protect a copyright work it must be:

Fairly good

Original

Registered

It does not matter how lousy your work is, the law of copyright will protect it. Copyright is the right to copy and includes original literary, dramatic, musical and artistic works. Industries such as the software and film industry rely on copyright protection.

Explanation

It does not matter how lousy your work is, the law of copyright will protect it. Copyright is the right to copy and includes original literary, dramatic, musical and artistic works. Industries such as the software and film industry rely on copyright protection.

7.

How much of a copyright work can you copy before it is a copyright infringement?

10%

15%

A substantial part

What is a substantial part? It is more a question of quality rather than quantity. It cannot usually be expressed as a percentage. This frustrates engineers but is a boon for judges who are not that good at maths.

Explanation

What is a substantial part? It is more a question of quality rather than quantity. It cannot usually be expressed as a percentage. This frustrates engineers but is a boon for judges who are not that good at maths.

8.

An assignment of an IP work gives you:

Outright and absolute ownership

A right to use it but not ownership

It must be in writing. Do not give assignments of your own works without understanding the consequences. However, obtain assignments of logos etc. created for your business so you have something to sell.

Explanation

It must be in writing. Do not give assignments of your own works without understanding the consequences. However, obtain assignments of logos etc. created for your business so you have something to sell.

9.

You can use a passage from a book (e.g. on your website or in your book) provided that you acknowledge the source.

True

False

It is a copyright infringement to copy a substantial part of the original writings of another without their permission as usually such writings are protected by copyright.

Explanation

It is a copyright infringement to copy a substantial part of the original writings of another without their permission as usually such writings are protected by copyright.

10.

A competitor gets a copy of your client list. Will the court give you an immediate injunction to stop him using it?

Yes

No

Only if there is a written agreement protecting the information

The law of confidentiality protects your client list even if there is no written agreement. However, it would be prudent to have a written confidentiality agreement with your employees and consultants.

Explanation

The law of confidentiality protects your client list even if there is no written agreement. However, it would be prudent to have a written confidentiality agreement with your employees and consultants.