1. Which of the following is not considered to be a "public" performance?

A sound recording played on a jukebox in a local bar.

A song played on a guitar by the composer at a family reunion.

A screening of a movie in a theater to people who have purchased admission tickets.

A play enacted for free at an open air theater in a city park.

2. A nutritionist developed a new weight loss system and wrote a nationally best-selling book explaining it. Which of the following would result in liability for infringement of copyright in the book?

An internet user has digitally scanned and uploaded a copy of her book to a popular nutrition and fitness blog.

Another author has published a book that describes the same weight loss system.

An online marketplace is selling secondhand copies of her book for half the retail price.

Another nutritionist publishes an article that is critical of the weight loss system and quotes several short passages from her book.

3. Which of the following subject matter is least likely to be protected by copyright law?

A chart depicting recent economic data.

The theme of a collection of one act plays.

The melody of a country/western song.

An architectural design of an apartment building.

4. An artist is employed as an illustrator by a publisher of children's books. In 2016, she created a series of drawings for use in various books as part of her work. One of her drawings was used on the cover of a book, which was published in 2016 and sold to the public. As to ownership of the copyright in the drawing, which of the following is correct?

The publisher owns the copyright, which will expire in 2136.

The publisher owns the copyright, which will expire in 2111.

The artist owns the copyright, but the publisher has a nonexclusive license to use it.

The artist owns the copyright, which will expire 70 years after her death.

5. Robert is the author of a new book entitled The Journey into Cyberspace, which traces the history of the development of the Internet. In addition, Robert owns a copyright registration for the book. After purchasing and reading a copy of Robert's book, Kevin decided to write his own book about the history of the Internet. Kevin used Robert's book as a reference for much of what he wrote. As a result, Kevin's book, entitled A Short History of the Internet, is substantially similar to much of the content found in Robert's book. If Robert sues Kevin for copyright infringement, which of the following statements is correct?

Neither answer is correct.

Both answers are correct.

If Kevin copied mostly the factual information in Robert's book, he will not be liable for infringement.

If Kevin quoted extensively from Robert's book but always included footnotes citing to Robert as the source of the material, he will not be liable for infringement.

6. Xavier and Yasmine decide to write a musical play to be entitled "Better Together." Xavier composes twelve original songs and his friend Yasmine writes lyrics for each of the songs. Afterwards, Xavier and Yasmine ask another friend, Zoey, to compose dialogue for the characters, along with stage directions. Who owns the copyright in the play?

Xavier and Yasmine are joint owners of the copyright and Zoey's contribution is a work made for hire.

Xavier, Yasmine, and Zoey are joint owners of the copyright.

Xavier and Zoey are joint owners of the copyright and Yasmine's contribution is a specially commissioned work.

Xavier and Yasmine are joint owners of the copyright and Zoey's contribution is a specially commissioned work.

7. Which of the following original works is protected by copyright?

A computer programmer used a compiler to generate object code and saved it on a hard drive. The object code is machine-readable, but not understandable by humans.

A television network is broadcasting a live football game between two rival high schools. The live broadcast is being widely transmitted but not also videorecorded by the network.

During his long commute home from work one evening, a writer composed a short poem. He has memorized all seven lines of the poem, but has not yet written it down on paper.

A songwriter has come up with a title for a new song, "Un-Losing You." She wrote down the title on sheet of paper and will soon begin composing the song.

8. Assuming that a painting was lawfully acquired, which of the following is not permitted by the first sale doctrine?

The reframing of the painting by a museum without the artist's consent.

The resale of the painting by one art gallery to another art gallery without the artist's consent.

The public display, by way of online transmission, of the painting by one museum to another museum without the artist's consent.

The public display of the painting in an art gallery without the artist's consent.

9. Audio Navigator is a free online search engine that allows users to locate music files. A user enters a keyword, such as the name of a song or a performer, and the search engine returns a set of search results in the form of links to where the audio file can be found for purchase and download. Users cannot purchase or download a music file directly from Audio Navigator. Along with each link is a sample of the audio file in the form of a 10 second excerpt of the song. Audio Navigator does not obtain permission from the copyright owners of the musical works or sound recordings to create the excerpts from the music files. A number of the copyright owners have sued Audio Navigator infringement of their reproduction and public performance rights. If Audi Navigator asserts fair use as a defense, the most likely result is that it will:

succeed, because its use of the copyrighted music is transformative.

not succeed, because it does not make any artistic alterations to the music files.

succeed, because it is a free search engine.

not succeed, because the main purpose of the search engine is not criticism, commentary, or news reporting.

10. Rosen authored a theatrical play entitled Tools, which has been staged by a few small theater companies. In Tools, human factory workers are threatened with replacement by robots called "Mandroids," as part of the evil plot of the factory boss, BoRing. Led by a worker named JoEl, the humans fight back, destroy the Mandroids, and save mankind. Dwayne, a screenwriter, attended a performance of Tools, but was unimpressed. Several years later, Dwayne wrote a screenplay entitled Robots, which was subsequently sold to, produced, and distributed by a major film studio. The world in Robots is inhabited only by robots, each with individualized physical and personality traits. The story begins as a young, idealistic robot, Rodney Copperbottom, moves to a big city to fulfill his dream of becoming an inventor, just like a master inventor he idolized, a kindly robot called Big Weld. When he arrives, he discovers that Big Weld's company has been taken over by a profit-hungry robot factory boss named Ratchet, who is carrying out a plan to get rid of all the old, rickety, and poor robots who cannot afford to purchase "upgrades" for themselves. Having come from a working class background himself, Rodney finds this outrageous and leads a revolt, eventually restoring Big Weld to the head of the company and saving all the humble "bots" from the evil Ratchet. Noting the similarities between his play and Robots, Rosen has sued the studio for copyright infringement. The studio has filed a motion to dismiss. Which of the following is the most likely result?

Rosen can prove access, but not substantial similarity.

Rosen can prove access and substantial similarity.

Rosen cannot prove access, but can prove substantial similarity.

Rosen cannot prove access or substantial similarity.

11. Theo is the owner of a warehouse that has been vacant for several months. He was approached by his friend Seth about the possibility of using the warehouse as a "pop up" theater until Theo could find a new lessee for the space. Seth proposed that he would borrow a movie on DVD from the local library and screen it as a "midnight movie" each Friday night. Attendees would pay a $1 entrance fee, which he and Theo would split. Rather than leave the warehouse sit empty, and because he thought it sounded like a fun idea, Theo agreed to Seth's proposal and the pop up theater turned out to be huge success. Although Theo knew that Seth did not have a copyright license to exhibit the films, he incorrectly concluded that this was not a problem since the DVD was available to borrow for free from the library. Assuming that Seth is liable for direct infringement, Theo is:

not liable for either contributory nor vicarious infringement.

liable for contributory infringement, but not vicarious infringement.

liable for vicarious infringement, but not contributory infringement.

liable for both contributory and vicarious infringement.

12. A composer wrote and recorded a song. He assigned his copyright to a recording company in 2016. What is the earliest date that the composer can terminate the assignment of his copyright?

He can terminate it in 2051.

He can terminate it in 2056.

It will terminate automatically 70 years following his death.

His heirs can terminate it upon his death.

13. Hodge, a historian, wrote a biography of the life and career of Abraham Lincoln. Although Lincoln's life has been documented in dozens of other biographies, Hodge's book retold in his own words and in chronological sequence a series of well-known episodes in the life of Lincoln. Hodge chose to recount some of these episodes in great detail, while briefly summarizing others. He also omitted several episodes in Lincoln's life that he found less interesting. Several years after publication of Hodge's book, Gibson published a biography of Lincoln. Although written in his own words, Gibson's biography contains the same episodes of Lincoln's life, in the same order, with the same degree of detail and emphasis as those in Hodge's book, and excludes the same episodes omitted by Hodge. If Hodge sues Gibson for copyright infringement, and Gibson admits that he referred to Hodge's book while writing his own, what is the most likely result?

Hodge will win, because Gibson admitted to copying Hodge's book.

Hodge will win, because Gibson's book is substantially similar to Hodge's book.

Gibson will win, because the details of Lincoln's life are historical facts and in the public domain.

Gibson will win, because the idea of a biography about Lincoln's life merges with the expression.

14. Arturo, a popular jazz recording artist, entered a neighborhood bakery and heard an album he had recorded playing on a CD player. The songs on the album were written by various composers, who own the copyrights, but Arturo owns the copyrights in his sound recordings. Arturo confronted the owner of the bakery, Donna, claiming that she had infringed his copyright in the sound recording by playing the recordings in her shop without paying a licensing fee. If Arturo sues her for infringement of his copyright, the court will rule that:

Donna has infringed Arturo's copyright, unless she uses stereo equipment like that used in private homes.

Donna has not infringed Arturo's copyright.

Donna has infringed Arturo's copyright, but only if she charges customers an admission fee to hear the music.

Donna has infringed Arturo's copyright.

15. The band "Crave" recently recorded eight musical compositions for Compass Studios. The band assigned its copyright in the recordings to Compass in exchange for a share of earnings from the sale of the album. After release of their album, Crave performed a live concert and videorecorded their performance of the songs from the album. Later, the band released the video of their concert performance for streaming online. If Compass sues the band for unauthorized distribution of its sound recordings online, Compass will:

win, because Compass owns the copyright in the sound recordings contained in the video.

win, because Compass did not license the creation of the video.

lose, because the band has not infringed Compass' copyright.

lose, because the band's performance is protected by fair use.

16. Ren Magritte was born in 1898 in Belgium. After World War I, he became interested in the artistic movement known as surrealism. Over the next several decades, he became one of the most prolific and celebrated surrealist painters in the world. In 1964, three years before his death, he painted a work entitledThe Son of Man,which has become one of his most recognized paintings. The painting consists of a man in an overcoat and a bowler hat standing in front of the sea and a cloudy sky. The man's face is largely obscured by a hovering green apple.

About the painting, Magritte said: "Well, so you have the apparent face, the apple, hiding the visible but hidden, the face of the person. It's something that happens constantly. Everything we see hides another thing, we always want to see what is hidden by what we see." The painting is privately owned, but has been exhibited widely throughout the world and in art museums in most major U.S. cities, including New York, Los Angeles, San Francisco, and Washington.

Austin Handler is a mid-career graphic artist living in New York City and a graduate of Columbia University, where he studied art. In 2018, he decided to open his own graphic design firm. As part of his marketing efforts, he created a clever design for his website, business cards, and promotional materials based on the slogan "design starts here."

Handler has promoted his new firm widely through advertisements, business cards and brochures, and on social media. About six months ago, one of Magritte's daughters was informed by a friend about Handler's website and she was startled to see that Handler was using an image quite reminiscent of her father's famous painting. Magritte's copyrights are now owned and managed through his estate; however, Handler never sought a license the rights to useThe Son of Manin his design.

Question A:The Magritte Estate has contacted your law firm about filing an infringement action against Handler. Is the Estate likely to succeed?

Question B: Regardless of your answer to Question A, assume now that Handler's use of the Magritte image is infringing. Is it likely that Handler can avoid liability on the basis of fair use?