This is an exam covering lesson 5. Communications 300
Works copyrighted in the United States are protected internationally in part by the Berne Convention of 1989
Ideas can be copyrighted
Copyright law is designed to stimulate and produce progress in science and the arts.
Original works of authorship must be fixed in a tangible medium of expression in order to be copyrightable
Copyright protection begins as soon as a work is fixed in tangible form.
Inventions can be patented to protect potential profits.
Names of products or services can be trademarked.
Trademark protection is automatic upon creation.
A band must pay royalty fees if it wants to play copyrighted works in private practice sessions.
A work must necessarily be "novel" to be copyrightable.
Photography and filming of actual events are copyrightable.
Sporting events can be copyrighted.
Ideas and facts can be copyrighted.
News events can be copyrighted.
Copyright holders retain exclusive rights to reproduce, distribute, and perform their copyrighted works.
It is not permissible to perform copyrighted works in church without paying royalties.
Journalists who work for newspapers or broadcast outlets retain the copyright to the articles and stories they produce.
Freelancers maintain copyright ownership unless it is agreed by contract that a commissioned work is a work-made-for-hire.
The primary purpose of intellectual property law is to benefit the financial interests of the creators.
A work must carry a copyright notice in order to be protected under copyright law.
The exclusive rights of copyright owners are separate and distinct from each other.
After a term of protection expires, copyrighted works may never be printed again without permission of the original copyright holder.
The original works of Shakespeare are protected by copyright.
Under current copyright law (1998), protection continues for the life of the author plus 120 years.
The statute of limitations on copyright infringement is 3 years.
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 copyright owner may not sue for infringement unless the work is registered with the Copyright Office.
One may not register after the infringement occurs.
a work that is out of print
an educational workbook that is designed to be used only once
A factual work
A non-transformative work
purpose and character of the use
nature of the copyrighted work
amount and substantiality of the portion used
Effect of the use upon the potential market for or value of the copyrighted work
The purpose of The Nation article was new reporting, thus covered by the news defense.
The Nation's use intended to supplant the copyright holder's commercially valuable right of first publication.
The work was as yet unpublished at the time of The Nation's use.
The Nation's use created harm to the potential market of the original copyrighted work as well as derivative works.
It is legal for the purchaser of a computer software program to make a backup copy for archival purposes.
It is illegal to make multiple copies of computer software for friends and co-workers.
Computerized databases of facts are not eligible for copyright protection.
User interfaces (the look and feel of visual screen displays) can be copyrighted.
Posting copyrighted photos on computer bulletin board systems without authorization is an infringement of copyright.
Reproducing a magazine's trademark on computer bulletin board systems without permission is not a violation of trademark law.
Internet service providers are held to a standard of strict liability for copyright infringements by their subscribers.
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).
It is illegal to copy and display visual images without copyright holder authorization.
The Ninth Circuit Court of Appeals found in favor of Napster (2001), holding that Napster did not knowingly encourage and assist in copyright infringement.
Webcasters must pay royalties for music played on the Web.
Pirating is the unauthorized duplication of only the sound of legitimate recordings, as opposed to all the packaging (original art, label, title, etc.).
Registration is not absolutely essential to protect one's trademark.
Trademark law requires that a trademark be used in commerce.
Once a trademark is used in commerce, the mark is forever protected, even if its use in commerce is discontinued.
Legal action against trademark infringers usually comes after a trademark is threatened by the likelihood of confusion with another mark or by dilution.
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.
Using a competitor's trademark in comparative advertising or promotion is illegal.
Trademarks that are not sufficiently protected can become generic terms.
Cybersquatting is prohibited by legislation, and by other organizations that mediate domain name disputes.
Here's an interesting quiz for you.