Communications 300 Lesson 5
(260).webp "Communications 300 Lesson 5 - Quiz")
This is an exam covering lesson 5. Communications 300
- 1.
Which of the following is not correct?
- A.
Works copyrighted in the United States are protected internationally in part by the Berne Convention of 1989
- B.
Ideas can be copyrighted
- C.
Copyright law is designed to stimulate and produce progress in science and the arts.
- D.
Original works of authorship must be fixed in a tangible medium of expression in order to be copyrightable
Correct Answer
B. Ideas can be copyrighted -
- 2.
Which of the following is not correct?
- A.
Copyright protection begins as soon as a work is fixed in tangible form.
- B.
Inventions can be patented to protect potential profits.
- C.
Names of products or services can be trademarked.
- D.
Trademark protection is automatic upon creation.
Correct Answer
D. Trademark protection is automatic upon creation.Explanation
Trademark protection is not automatic upon creation. In order to obtain trademark protection, the owner must register the trademark with the appropriate government agency.Rate this question:
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- 3.
Which of the following is correct?
- A.
A band must pay royalty fees if it wants to play copyrighted works in private practice sessions.
- B.
A work must necessarily be "novel" to be copyrightable.
- C.
Photography and filming of actual events are copyrightable.
- D.
Sporting events can be copyrighted.
Correct Answer
C. pHotograpHy and filming of actual events are copyrightable.Explanation
Photography and filming of actual events are copyrightable because they involve the creation of original works that capture real-life events. Copyright law protects original works of authorship, including photographs and films, which are considered creative expressions of the photographer or filmmaker. Therefore, individuals who take photographs or film actual events have the right to control the reproduction and distribution of their works, as well as the right to receive compensation for their use. This is why photography and filming of actual events can be subject to copyright protection.Rate this question:
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- 4.
Which of the following is correct?
- A.
Ideas and facts can be copyrighted.
- B.
News events can be copyrighted.
- C.
Copyright holders retain exclusive rights to reproduce, distribute, and perform their copyrighted works.
- D.
It is not permissible to perform copyrighted works in church without paying royalties.
Correct Answer
C. Copyright holders retain exclusive rights to reproduce, distribute, and perform their copyrighted works.Explanation
The correct answer is that copyright holders retain exclusive rights to reproduce, distribute, and perform their copyrighted works. This means that individuals or entities who have created original works, such as books, music, or movies, have the sole right to control how those works are used, including making copies, distributing them, and performing them publicly. This protection allows creators to profit from their creations and maintain control over their work.Rate this question:
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- 5.
Which of the following is correct?
- A.
Journalists who work for newspapers or broadcast outlets retain the copyright to the articles and stories they produce.
- B.
Freelancers maintain copyright ownership unless it is agreed by contract that a commissioned work is a work-made-for-hire.
- C.
The primary purpose of intellectual property law is to benefit the financial interests of the creators.
- D.
A work must carry a copyright notice in order to be protected under copyright law.
Correct Answer
B. Freelancers maintain copyright ownership unless it is agreed by contract that a commissioned work is a work-made-for-hire.Explanation
This answer correctly states that freelancers retain copyright ownership unless there is a contract stating otherwise. This means that freelance journalists have the right to control and profit from their own work, unless they have agreed to give up those rights through a work-made-for-hire agreement.Rate this question:
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- 6.
Which of the following is correct?
- A.
The exclusive rights of copyright owners are separate and distinct from each other.
- B.
After a term of protection expires, copyrighted works may never be printed again without permission of the original copyright holder.
- C.
The original works of Shakespeare are protected by copyright.
- D.
Under current copyright law (1998), protection continues for the life of the author plus 120 years.
Correct Answer
A. The exclusive rights of copyright owners are separate and distinct from each other.Explanation
The explanation for the correct answer is that the exclusive rights of copyright owners are indeed separate and distinct from each other. This means that copyright owners have the exclusive rights to reproduce, distribute, perform, display, and create derivative works based on their copyrighted material. These rights are separate and can be individually enforced by the copyright owner. For example, a copyright owner may grant permission for their work to be reproduced but not for it to be performed. This distinction allows copyright owners to have control over how their work is used and to negotiate different permissions for different uses.Rate this question:
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- 7.
Which of the following is not correct?
- A.
The statute of limitations on copyright infringement is 3 years.
- B.
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.
- C.
A copyright owner may not sue for infringement unless the work is registered with the Copyright Office.
- D.
One may not register after the infringement occurs.
Correct Answer
D. One may not register after the infringement occurs.Explanation
This answer is correct because copyright registration must occur before or within three months of publication in order to be eligible for statutory damages and attorney's fees in an infringement lawsuit. If registration is not obtained before the infringement occurs, the copyright owner may still be able to sue for infringement, but they will not be eligible for certain remedies and damages.Rate this question:
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- 8.
True or False? Any one of the four factors for determining fair use may, in isolation, defeat a fair use defense.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false. The four factors for determining fair use (purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect on the potential market) should be considered together in determining whether a particular use qualifies as fair use. No single factor alone can automatically defeat a fair use defense.Rate this question:
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- 9.
Which of the following is less likely than the others to be protected by fair use?
- A.
a work that is out of print
- B.
an educational workbook that is designed to be used only once
- C.
A factual work
- D.
A non-transformative work
Correct Answer
B. an educational workbook that is designed to be used only onceExplanation
An educational workbook that is designed to be used only once is less likely to be protected by fair use compared to the other options. Fair use allows for the limited use of copyrighted material without permission, typically for purposes such as criticism, commentary, or education. However, a workbook that is designed to be used only once implies that it is not intended for multiple uses or purposes, which may make it less likely to qualify for fair use protection.Rate this question:
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- 10.
True or False? The fair use defense might permit the use of an entire work.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The fair use defense might permit the use of an entire work because fair use allows for limited use of copyrighted material without permission from the copyright owner. In certain circumstances, using the entire work may be considered fair use, such as for purposes of criticism, commentary, or educational use. However, it is important to note that fair use is a subjective and fact-specific defense, and each case is evaluated on its own merits.Rate this question:
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- 11.
The single most important factor in analyzing the fair use defense is the
- A.
purpose and character of the use
- B.
nature of the copyrighted work
- C.
amount and substantiality of the portion used
- D.
Effect of the use upon the potential market for or value of the copyrighted work
Correct Answer
D. Effect of the use upon the potential market for or value of the copyrighted workExplanation
The effect of the use upon the potential market for or value of the copyrighted work is the single most important factor in analyzing the fair use defense. This means that if the use of the copyrighted work negatively impacts the market or value of the original work, it is less likely to be considered fair use. This factor considers whether the use is likely to harm the copyright owner's ability to profit from their work, which is a key consideration in determining whether the use is fair or not.Rate this question:
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- 12.
Which of the following was not one of the persuasive arguments in the U.S. Supreme Court's decision in Harper and Rowe v. Nation (19??)?
- A.
The purpose of The Nation article was new reporting, thus covered by the news defense.
- B.
The Nation's use intended to supplant the copyright holder's commercially valuable right of first publication.
- C.
The work was as yet unpublished at the time of The Nation's use.
- D.
The Nation's use created harm to the potential market of the original copyrighted work as well as derivative works.
Correct Answer
A. The purpose of The Nation article was new reporting, thus covered by the news defense.Explanation
The persuasive arguments in the U.S. Supreme Court's decision in Harper and Rowe v. Nation did not include the argument that the purpose of The Nation article was new reporting, thus covered by the news defense.Rate this question:
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- 13.
True or False? Parody must target the original, not just use its style and genre; it must be transformative of the original.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Parody is a form of artistic expression that imitates or mocks a specific work, usually by exaggerating or satirizing its characteristics. To be considered a parody, it must not only imitate the style and genre of the original work but also transform it in some way. This transformation can involve adding humor, commentary, or a different perspective to the original content. Therefore, the statement that parody must target the original and be transformative is true.Rate this question:
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- 14.
True or False? 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.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Compulsory licensing is a mechanism that indeed limits the exclusive rights of copyright owners. It requires the owners of certain types of intellectual property to grant licenses to others for the use of that property, usually in exchange for a reasonable fee. This allows for broader access to intellectual property and promotes innovation and competition in various industries.Rate this question:
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- 15.
True of False? Cable and home satellite dish companies are not subject to paying compulsory licensing fees.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Cable and home satellite dish companies are not subject to paying compulsory licensing fees. This means that these companies do not have to pay fees for the rights to broadcast or distribute copyrighted content. This is because cable and satellite companies typically negotiate separate licensing agreements with content providers, allowing them to distribute their content legally. As a result, they are not required to pay the compulsory licensing fees that may be applicable to other types of broadcasters or distributors.Rate this question:
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- 16.
Which of the following is not correct?
- A.
It is legal for the purchaser of a computer software program to make a backup copy for archival purposes.
- B.
It is illegal to make multiple copies of computer software for friends and co-workers.
- C.
Computerized databases of facts are not eligible for copyright protection.
- D.
User interfaces (the look and feel of visual screen displays) can be copyrighted.
Correct Answer
C. Computerized databases of facts are not eligible for copyright protection.Explanation
Computerized databases of facts are eligible for copyright protection. This is because copyright law protects original works of authorship, and databases can be considered original compilations or arrangements of facts. However, the facts themselves within the database are not protected by copyright. This means that someone can use the facts from a database without infringing on copyright, but they cannot copy the entire database without permission.Rate this question:
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- 17.
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 user (the alleged infringer).
Correct Answer
A. Posting copyrighted pHotos on computer bulletin board systems without authorization is an infringement of copyright.Explanation
Posting copyrighted photos on computer bulletin board systems without authorization is an infringement of copyright. This means that if someone uploads or shares copyrighted photos on a computer bulletin board system without obtaining permission from the copyright owner, they are violating copyright law. This action is considered illegal and can lead to legal consequences.Rate this question:
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- 18.
Which of the following is not correct?
- A.
It is illegal to copy and display visual images without copyright holder authorization.
- B.
The Ninth Circuit Court of Appeals found in favor of Napster (2001), holding that Napster did not knowingly encourage and assist in copyright infringement.
- C.
Webcasters must pay royalties for music played on the Web.
- D.
Pirating is the unauthorized duplication of only the sound of legitimate recordings, as opposed to all the packaging (original art, label, title, etc.).
Correct Answer
B. The Ninth Circuit Court of Appeals found in favor of Napster (2001), holding that Napster did not knowingly encourage and assist in copyright infringement.Explanation
The Ninth Circuit Court of Appeals found in favor of Napster (2001), holding that Napster did not knowingly encourage and assist in copyright infringement. This statement is not correct because the Ninth Circuit Court of Appeals actually found Napster liable for contributory and vicarious copyright infringement in 2001.Rate this question:
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- 19.
Which of the following is not correct?
- A.
Registration is not absolutely essential to protect one's trademark.
- B.
Trademark law requires that a trademark be used in commerce.
- C.
Once a trademark is used in commerce, the mark is forever protected, even if its use in commerce is discontinued.
- D.
Legal action against trademark infringers usually comes after a trademark is threatened by the likelihood of confusion with another mark or by dilution.
Correct Answer
C. Once a trademark is used in commerce, the mark is forever protected, even if its use in commerce is discontinued.Explanation
The statement "Once a trademark is used in commerce, the mark is forever protected, even if its use in commerce is discontinued" is not correct. Trademark protection requires continuous use in commerce. If a trademark is not actively used in commerce, it can lose its protection.Rate this question:
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- 20.
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.
Using a competitor's trademark in comparative advertising or promotion is illegal.
- C.
Trademarks that are not sufficiently protected can become generic terms.
- D.
Cybersquatting is prohibited by legislation, and by other organizations that mediate domain name disputes.
Correct Answer
B. Using a competitor's trademark in comparative advertising or promotion is illegal.Explanation
Using a competitor's trademark in comparative advertising or promotion is not illegal. Comparative advertising is a common practice where companies compare their products or services to those of their competitors. As long as the comparison is truthful and not misleading, it is considered legal. Trademark dilution laws, on the other hand, are intended to protect trademarks from uses that blur their distinctiveness or tarnish them, even without causing confusion.Rate this question:
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Mar 29, 2024Quiz Edited by
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Mar 07, 2010Quiz Created by
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