Question
Marguerite is a photographer who takes images for use in corporate promotional materials. Many of her images are of buildings and the surrounding areas in
Marguerite is a photographer who takes images for use in corporate promotional materials. Many of her images are of buildings and the surrounding areas in her hometown. Which of the following correctly describes the legal protection that applies to Marguerite's photos?
a) Copyright protects the photos if registered by Marguerite.
b) Passing-off protects the photos if copied by another artist.
c) Copyright protects the photos for 50 years from the year of Marguerite's death.
d) Copyright will not protect the photos if a photographer takes pictures of the same buildings in the same manner as Marguerite.
Maneet developed a new and original design for a kayak. This design allows it to be towed behind a boat and used for extreme sports. Maneet named her design the X-Kay. Which of the following is correct if Maneet wants to protect her design with a patent?
a) If Maneet applies for the patent and marks the kayaks "patent pending" when manufactured, then her design is protected.
b) If Roger has already applied for a patent on the same design before Maneet applied, but Maneet can prove she designed it first, then she will receive the patent.
c) If Paul has a patent for the same design registered in Portugal, then Maneet's application can have priority over Paul's in Canada if she applies here first.
d) If Maneet has a patent registered in Canada and Sarah makes a minor change to Maneet's design that she names Rapid-Yak, then this infringes on Maneet's patent.
Clay rented a property from Deanne. Clay was happy with the property, but as a chef, he is was not pleased with the quality of the stove provided. Clay thus purchased a new stove for his use while he leased the property. Clay arranged to store the original stove at his friend's house until the end of the lease. Deanne, upon visiting the property, noticed the new stove and was thrilled that Clay had replaced the original stove with a newer and nicer stove. A week prior to the end of the lease, Clay removed the new stove and returned the original stove. Deanne was shocked when Clay turned in the keys and noticed the old stove, as she thought the new stove would have to stay with the property once it was installed. Which statement accurately describes this situation?
a) Clay has the right to remove the new stove at the end of the lease.
b) Deanne has a claim to the new stove, as it became a fixture when installed.
c) Deanne has a right to the stove because it was located on her property, thus giving her first right to ownership.
d) Clay does not have the right to remove the new stove, because it was purchased as an improvement to the property.
Vander Brigg (VB) is a small business that is in financial difficulty. VB is unable to pay its debts and decided to voluntarily file for bankruptcy. VB has several creditors to whom it owes funds. Among the creditors is Burton Market, from whom VB purchased fruits and vegetables. VB would receive produce from Burton Market and place them in inventory with produce received from other suppliers. Burton Market has been unpaid for three months. Which of the following accurately describes the recourse available to Burton Market as a secured creditor?
a) Burton Market can claim the unpaid amount for all of the goods delivered.
b) Burton Market can repossess all of the unpaid goods with the assistance of a bailiff.
c) Burton Market can claim the amount owed for goods delivered within the last 30 days provided it filed a claim in accordance with the requirements set out in the Bankruptcy and Insolvency Act.
d) Burton Market can claim the amount owed for goods delivered within the last 15 days provided it filed a claim in accordance with the requirements set out in the Bankruptcy and Insolvency Act.
Which of the following represents a situation to which the Sale of Goods Act would apply?
a) The sale of a house and the three acres of land on which the house is located
b) The sale of a piece of pottery sold by an art store
c) The sale of services provided by an accountant to prepare financial statements
d) The sale of a sculpture by a business that commissioned the artist to create the sculpture
Malik purchased goods on credit from Rae for $50,000, with the payment due in four months. A month later, Malik sold goods to Donny on credit for $50,000, with the payment due in two months. Malik and Donny then wrote an agreement wherein Malik directed Donny to pay Rae the $50,000 that Donny owed Malik within two months. What is the nature of the transaction?
a) The agreement is a promissory note between Malik and Donny.
b) The agreement makes Malik a holder in due course.
c) The agreement is a bill of exchange with Donny being the drawee and Rae being the payee.
d) The agreement makes Donny a drawer in the transaction.
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