Question 1

What is the "sweat of the brow" doctrine,and why has the Supreme Court rejected it?

Accepted Answer

The "sweat of the brow" doctrine is the ...

Question 2

Courts always regard the use of copyrighted material for educational purposes as a fair use.

Accepted Answer

A) True 
 B)False

Question 3

How have U.S.courts ruled regarding the question of whether research findings can be protected by copyright?

Accepted Answer

A)  Research findings can be protected by copyright,so long as the findings are unique
B)  Research findings cannot be protected by copyright.
C)  Research findings developed by professional scholars can be protected by copyright,but not those uncovered by untrained individuals.
D)  Research findings can be protected by copyright regardless of their value and who develops them.

Question 4

When determining the similarity of one work to another in an infringement question,some courts use a two-part test that asks whether the two works

Accepted Answer

A)  have the same kinds of characters and have the same kinds of scenes.
B)  appeared at about the same time and are in the same medium (e.g.,both are films) .
C)  have the same general theme and express this theme in the same way.
D)  are in the same medium and have the same kinds of characters.

Question 5

The plaintiff must show that the defendant had access to his or her work when suing for copyright infringement.

Accepted Answer

A) True 
 B)False

Question 6

The Supreme Court has ruled that the so-called "sweat of the brow" doctrine

Accepted Answer

A)  protects creators of data bases.
B)  does not apply in copyright cases.
C)  protects artists like painters who handcraft their work.
D)  applies only in trademark cases.

Question 7

Briefly describe the four criteria that courts use to determine whether a use is a fair use.

Accepted Answer

(1)The purpose and character of the use;...

Question 8

Which of the following would not likely be protected by a trademark?

Accepted Answer

A)  A wax seal on a bottle of liquor.
B)  The color of a home insulation product.
C)  The design on the pocket of a pair of jeans.
D)  All of the above would be protected.

Question 9

When Congress passed the Digital Millennium Copyright Act in late 1998,it implemented the

Accepted Answer

A)  European Union Copyright Directive.
B)  World Intellectual Property Organization treaties.
C)  the Berne Convention treaty.
D)  Communications Decency Act.

Question 10

The use of copyrighted material by the news media is never considered an infringement.

Accepted Answer

A) True 
 B)False

Question 11

If a writer sells a magazine the first serial rights to a story she has written,the magazine has the right to

Accepted Answer

A)  publish the story as many times as it wants.
B)  publish the story as a serial; that is,break it into several parts and publish each of them multiple times.
C)  publish it first,but only once,anywhere in the world.
D)  resell the story to another publisher after it uses it.

Question 12

While most copyrighted works are protected for the life of the creator plus 70 years,a category of works called "American Treasures" are protected forever.

Accepted Answer

A) True 
 B)False

Question 13

All Internet users generally agree that copyright laws should be vigorously applied to the Internet.

Accepted Answer

A) True 
 B)False

Question 14

Which of the four criteria applied when a fair use defense is used in a copyright case carries the most weight?

Accepted Answer

A)  The nature of the copyrighted work.
B)  The year the work was copyrighted.
C)  The effect on the market value of the copyrighted work.
D)  The amount of the work used.

Question 15

While the illegal downloading of copyrighted music has increased dramatically in the past five years,the pirating of motion pictures has decreased sharply due to the technical complexity of 3-D films.

Accepted Answer

A) True 
 B)False  False

Question 16

Which of the following is not an exclusive right recognized under copyright law?

Accepted Answer

A)  The right of reproduction of a work.
B)  The right of public display of a work.
C)  The right of the preparation of derivative works.
D)  They are all recognized rights.

Question 17

One reason plagiarism is more common today is

Accepted Answer

A)  The laws prohibiting it have been relaxed.
B)  There is so much more mass media today.
C)  It is much easier to get access to material today via the Internet.
D)  There is more pressure on authors and others to produce material.

Question 18

Once a work is created,it is protected by copyright,whether or not it contains a notice or is registered with the government.

Accepted Answer

A) True 
 B)False

Question 19

It is easier for the creator of a fictional character to protect the subsequent use of his or her work than it is for the author of a nonfiction work.

Accepted Answer

A) True 
 B)False  True

Question 20

Trademark law can protect

Accepted Answer

A)  the name of a product.
B)  an advertising slogan.
C)  the way a product is packaged.
D)  all of the above. D

Exam 14: Copyright and Trademark

What is the "sweat of the brow" doctrine,and why has the Supreme Court rejected it?

Correct AnswerverifiedThe "sweat of the brow" doctrine is the ...View AnswerShow Answer

Courts always regard the use of copyrighted material for educational purposes as a fair use.

Correct AnswerverifiedShow Answer

How have U.S.courts ruled regarding the question of whether research findings can be protected by copyright?

Correct AnswerverifiedShow Answer

When determining the similarity of one work to another in an infringement question,some courts use a two-part test that asks whether the two works

Correct AnswerverifiedShow Answer

The plaintiff must show that the defendant had access to his or her work when suing for copyright infringement.

Correct AnswerverifiedShow Answer

The Supreme Court has ruled that the so-called "sweat of the brow" doctrine

Correct AnswerverifiedShow Answer

Briefly describe the four criteria that courts use to determine whether a use is a fair use.

Correct Answerverified(1)The purpose and character of the use;...View AnswerShow Answer

Which of the following would not likely be protected by a trademark?

Correct AnswerverifiedShow Answer

When Congress passed the Digital Millennium Copyright Act in late 1998,it implemented the

Correct AnswerverifiedShow Answer

The use of copyrighted material by the news media is never considered an infringement.

Correct AnswerverifiedShow Answer

If a writer sells a magazine the first serial rights to a story she has written,the magazine has the right to

Correct AnswerverifiedShow Answer

While most copyrighted works are protected for the life of the creator plus 70 years,a category of works called "American Treasures" are protected forever.

Correct AnswerverifiedShow Answer

All Internet users generally agree that copyright laws should be vigorously applied to the Internet.

Correct AnswerverifiedShow Answer

Which of the four criteria applied when a fair use defense is used in a copyright case carries the most weight?

Correct AnswerverifiedShow Answer

While the illegal downloading of copyrighted music has increased dramatically in the past five years,the pirating of motion pictures has decreased sharply due to the technical complexity of 3-D films.

Correct AnswerverifiedFalse

Which of the following is not an exclusive right recognized under copyright law?

Correct AnswerverifiedShow Answer

One reason plagiarism is more common today is

Correct AnswerverifiedShow Answer

Once a work is created,it is protected by copyright,whether or not it contains a notice or is registered with the government.

Correct AnswerverifiedShow Answer

It is easier for the creator of a fictional character to protect the subsequent use of his or her work than it is for the author of a nonfiction work.

Correct AnswerverifiedTrue

Trademark law can protect

Correct AnswerverifiedD

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(1)The purpose and character of the use;...
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D