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The Copyright Act is designed to protect 1.Copporate logos 2.Distinctive product packaging 3.New drugs 4.Creative works Jaime has been hired as a screenplay writer by
- TheCopyright Actis designed to protect
- 1.Copporate logos
- 2.Distinctive product packaging
- 3.New drugs
- 4.Creative works
- Jaime has been hired as a screenplay writer by a television production company. Although he is a very creative individual, Jaime has recently started suffering from writer's block. In order to unblock himself, Jaime picked up a collection of Shakespeare's works and began combing it for ideas. He finally drafted a screenplay about a young couple from feuding families whose love, though strong, ends in tragedy. Which of the following is TRUE of Jaime with respect to the authorship requirements of copyright law?
- 1.Jaime does not meet the requirements because his work is not original
- 2.Jaime does not meet the requirements because his work is not novel.
- 3.) Jaime does not meet the requirements because he may be violating the copyright for Romeo and Juliet.
- 4.Jaime does not meet the requirements because scripts are not copyrightable works.
- 5.Jamie has not infringed a copyright as Shakespeare's works are in the public domain as his copyright has expired.
- When a work is created as part of the author's employment, the copyright generally belongs to
- 1.The Canadian Intellectual Property Office.
- 2.The author
- 3.The Crown, by way of royalties
- 4.The employer
1
- Thierry is a successful artist, known across Canada for his marvelous portraits of famous Canadians. His work has been exhibited in the National Gallery, and he is beginning to acquire an international reputation. Recently, Thierry sold one of his paintings to the GuerillaGallery, not realizing that the owners of the GuerillaGallery had nothing but scorn for famous artists, insisting that they have sold out their creativity for the sake of the almighty dollar. The owners promptly took a large black felt marker and added a moustache to the painting's subject and drew an arrow poking through its head. When Thierry discovered the "act of these vandals" and further discovered that these "vandals were actually exhibiting the work," he was incensed. Despite his own disdain for lawyers, Thierry has decided to take legal action. His action ought to take the form of which of the following?
- 1.a trademark infringement
- 2.a moral rights infringement
- 3.a trademark depreciation claim
- 4.a passing-off claim
- 5.a knock-off claim
- Business identity features, including names, logos, and slogans, are best protected by
- 1.Trademark law, both in statute and at common law.
- 2.Common law trademarks.
- 3.ThePatent Act.
- 4.TheIndustrial Design Act.
- While visiting his parents in Toronto, Egon went to a see a local band at a bar. He purchased the compact disk they had for sale, and took it back to his hometown in Victoria, BC. Once there, Egon copied the disk onto his computer and sold copies of the dlgital files for $5 each. Which of the following is TRUE?
- 1.It is likely that Egon infringed the band's copyright, because in Canada it is illegal to make a copy of an audio recording without permission from the artist.
- 2.It is likely that Egon infringed the band's copyright, because in Canada it is illegal to make a copy of an audio recording without permission from SOCAN
- 3.It is likely that Egon infringed the band's copyright, because in Canada it is illegal to make a copy of an audio recording for commercial purposes.
- 4.It is unlikely that Egon infringed the band's copyright because BC and Ontario are subject to separate copyright regimes.
- 5.It is unlikely that Egon infringed the band's copyright because audio recordings are not protected by copyright
- Big and Bad Motors has come out with its newest line of SUV. They market the line under the slogan, "Enjoying the countryside has never been so easy." A group of guerrilla environmentalists, angry about increased exhaust emissions from the SUVs, has started up a billboard campaign with a photo of an SUV in a diseased forest, surrounded by pollution and sick animals. Beneath the photo reads the caption "Destroying the countryside has never been so easy." The owners of Big and Bad Motors decide to take legal action. Which of the following claims is Big and Bad most likely to use?
- 1.trademark depreciation
- 2.passing-off
- 3.copyright infringement
- 4.identity theft
- 5.patent infringement
- Which intellectual property statute provides the shortest period of exclusive use?
- 1.Trade-marks Act.
- 2.The Patents Act
- 3.The Industrial Design Act
- 4.The Copyright Act
- The simplest way for a business to protect an idea that is important to the business's product is
- 1.Register a trademark.
- 2.Keep the idea confidential.
- 3.File a patent application
- 4.Hire the best intellectual property litigators in the country and become known as tough defenders of your intellectual property.
- The basis for the legal protection of trade secrets arises from
- 1.Statutory law.
- 2.Civil law
- 3.Common law
- 4.Criminal law
- Intellectual property law helps to give value to ideas through the mechanism of
- 1.Non-rivalrousness
- 2.Artificial Scarcity
- 3.Litigation
- 4.Natural scarcity
- Lieutenant Colonel John McCrae wrote his famous World War I poem "In Flanders Fields" on May 3, 1915. He died on January 28, 1918. According to Canadian copyright law, this poem
- 1.Entered the public domain in 1969.
- 2.Entered the public domain in 1989.
- 3.Has never entered the public domain.
- 4.Entered the public domain immediately
- Because domain names can be valuable to business, enterprising individuals will sometimes buy domain names they have no intention of using, so they can re-sell to businesses that value them more highly. This works because
- 1.Domain authorities support free enterprise.
- 2.Most domains register on a first-come, first-served basis
- 3.The international nature of online traffic makes it hard to control.
- 4.Registration is conclusively presumed to be done in good faith
- From a risk-management perspective, a website that allows visitors to contribute content must
- 1.Ensure freedom from bias on the part of either the human or automated moderators used on the site.
- 2.Carefully define acceptable and prohibited conduct and content in its terms of use and/or in its privacy policy.
- 3.Diligently monitor user-generated content on a 24 hour basis.
- 4.Let visitors themselves inform the business about offensive or other inappropriate content posted by others.
- Andres has created an online service that allows users to instantaneously distribute documents to hundreds of other people. Which of the following strategies can help him reduce his risk of being held liable for the content distributed by the users of his service?
- 1.He should review all documents and edit anything that might be considered offensive.
- 2.He should include a provision in his terms of use warning users that he will monitor every message they distribute through the service.
- 3.He should include a provision in his terms of use allowing him to claim indemnification from a user if he is held liable for something they distributed through the service.
- 4.He should avoid telling users what they can or cannot distribute through the service for fear of infringing their free speech.
- 5.He should not worry about this risk and do nothing as it is not a likely legal hazard of his business.
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