Are You Legally IP Savvy?

By Paul Brennan

Paul Brennan, Law

Paul is a witty lawyer from the Sunshine Coast, Queensland, who crafts amusing books about lawyers and entertaining works on law. He hosts the "Law" podcast, manages the Law and Disorder website, and curates the ezine, offering a fresh perspective on legal matters.

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Questions: 10 | Attempts: 89 | Updated: Mar 22, 2023

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An Intellectual Property ("IP") law quiz for business owners especially those operating online to test their response to IP issues which can lead to either gaining, or losing IP rights. © Paul Brennan 2012. All rights reserved.
Author of Easy IP. . . How to use the law to protect your money-making ideas. Disclaimer.

Questions and Answers

1.

Is Coca Cola a:
- A.
  
  Copyright work
- B.
  
  Trademark
- C.
  
  Patent
Correct Answer
B. Trademark

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.

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2.

Which business is likely to win a fight about a domain name? A business that:
- A.
  
  Uses the name the most on the internet
- B.
  
  Has more products
- C.
  
  Registers the domain name first
Correct Answer
C. Registers the domain name first

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.

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3.

To protect a copyright work it must be:
- A.
  
  Fairly good
- B.
  
  Original
- C.
  
  Registered
Correct Answer
B. Original

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.

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4.

You can use a passage from a book (e.g. on your website or in your book) provided that you acknowledge the source.
- A.
  
  True
- B.
  
  False
Correct Answer
B. False

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.

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5.

An assignment of an IP work gives you:
- A.
  
  Outright and absolute ownership
- B.
  
  A right to use it but not ownership
Correct Answer
A. Outright and absolute ownership

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.

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6.

Is it still a copyright infringement if you copy unintentionally? For instance, you did not know it was a copyright work.
- A.
  
  Yes
- B.
  
  No
Correct Answer
A. Yes

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.

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7.

A competitor gets a copy of your client list. Will the court give you an immediate injunction to stop him using it?
- A.
  
  Yes
- B.
  
  No
- C.
  
  Only if there is a written agreement protecting the information
Correct Answer
A. Yes

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.

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8.

It is a copyright infringement to take a photocopy of pages of a book without permission.
- A.
  
  True
- B.
  
  False
Correct Answer
A. True

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.

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9.

How much of a copyright work can you copy before it is a copyright infringement?
- A.
  
  10%
- B.
  
  15%
- C.
  
  A substantial part
Correct Answer
C. A substantial part

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.

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10.

Who is the copyright owner of a photograph?
- A.
  
  The person taking the photograph
- B.
  
  The person who asks for the photograph to be taken
- C.
  
  The person who is in the photograph
Correct Answer
A. The person taking the photograph

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.

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Paul Brennan |Law |

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Current Version
Mar 22, 2023

Quiz Edited by
ProProfs Editorial Team
Sep 29, 2012

Quiz Created by
Paul Brennan

Are You Legally IP Savvy?

Is Coca Cola a:

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

To protect a copyright work it must be:

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

An assignment of an IP work gives you:

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

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

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

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

Who is the copyright owner of a photograph?