Value: 1 Point Per Question. 1) A car company makes commercials and advertisements to sell cars embodying their new engine. The legal right to exclude others from copying their commercials or advertisements is known as: A) Copyright B) Trademark C) Patent D) Trade Secret _____ 2) Trade secret protection lasts for _____. A) The life of the creator or author, plus 70 years. B) 17 years. C) 75 years, or 95 years, if the author is a corporation. D) As long as the material is not publicly know. _____ 3) A corn chip company, without obtaining permission, imitates the voice of a famous singer in one of its commercials. What right of the singer would this action violate? A) Right of publicity B) Right of Expression. C) Copyright D) Freedom of speech _____ 4) The state of Nebraska creates a copyright law protecting maps, books and photographs. This law will _____. A) Be struck down under the principle of preemption. B) Be struck down under the principle of venue. C) Be upheld under Article III of the US Constitution. D) Be upheld under the 10th Amendment to the US Constitution. _____ 5) A publisher is preparing to release a new book. Under copyright law, "publication" occurs when _____. A) The manuscript is delivered to the printing company. B) The manuscript is printed in multiple copies. C) The author approves the printed version of the manuscript. D) Copies of the book are distributed to the bookstores for sale. _____ 6) Tamara, the CEO of Mom Inventors, Inc., hired Shelly to ghostwrite a book, "The Mom Inventors' Handbook" for her company and executed an appropriate work-for-hire agreement. The book has not yet been published and Tamara is still alive. Currently, the copyright will expire or copyright status is: A) 95 years from the date of creation. B) In the public domain. C) 70 years from the date Tamara dies. D) 120 years from the date of creation. _____ 7) Joe, a musician, improvises a new song while performing a concert. The new song would be protectable under copyright law _____. A) Once consumers associate the song with Joe. B) Once the song is recorded C) When the song can be performed by musicians other than Joe. D) When the song is determined to be novel and unique. _____ 8) Joe, a musician, writes the words and music for a new song but does not record it/them (i.e. he does not perform anything). The song would be protected as a(n)______. A) Literary work. B) Audio-visual work. C) Musical work. D) Sound recording. _____ 9) Joe, a musician, records his new song. He creates a unique arrangement and has other musicians perform on the recording. The unique arrangement of the recorded sounds would be protected as _____. A) An audio-visual work. B) A visual arts work. C) A musical work D) None of the above. _____ 10) Sally buys a phonorecord by the group the Red Hot Chili Peppers. She sells it to a used record shop, which sells it to Bob. Who has infringed the owners' rights in copyright? A) Sally and Bob B) The record store owner C) Sally and the record store owner. D) No one. _____ 11) Which of the following is a public performance? A) The showing of a motion picture at a Times Square movie theater. B) The re-transmission of a television show by a cable company. C) The playing of a phonorecord at a packed, popular nightclub. D) All of the above. _____ 12) Which of the following is NOT one of the four factors in a judicial analysis of Fair Use? A) Purpose and character of the use. B) Amount and substantiality of the portion borrowed. C) Extent of attribution to preexisting work. D) Effect of the use on the market for the copyrighted material. _____ 13) On January 3, 1964 John Doe published his "Manuscript on Death," but the work did not include proper copyright notice. On February 3, 1964, Mr. Doe filed for copyright registration. Mr. Doe died in 1970. The current expiration date or status of the copyright on "Manuscript on Death" is: A) In the public domain. B) December 31, 2040 C) January 1, 2060 D) None of the above. _____ 14) Company logos, such as the Nike Swoosh, can be protected under: A) Copyright law B) Trademark law C) Copyright and trademark laws D) Trade secret laws _____ 15) Shirelle paid $600,000.00 for an original sculpture. As owner of the sculpture, Shirelle may ___ A) Reproduce smaller versions of it for sale. B) Reproduce the image on postcards for sale. C) Rent it to George for use in his living room. D) Use it to create a mold from which full-size sculptures can be created. _____ 16) Which of the following four elements is NOT necessary to create a work for hire by a contractor? A) Payment is made prior to creating the work. B) The work is specifically ordered. C) There is a written agreement signed by both parties indicating that the work is a work made for hire D) The work is in one of a group of specially enumerated works. _____ 17) Diskco creates a new software program in 2000 and publishes it in 2001. The correct copyright notice under US law would be _____. A) 2000-2001 Diskco. B) Copyright 2000 Diskco C) Copr. 2001 Diskco D) Copyright 2000 Diskco, All Rights Reserved. _____ 18) What symbol is used to demonstrate copyright protection for a sound recording? A) P in a circle B) TM c) D) SR in a circle _____ 19) If the copyright office issues a final refusal to register a work, the applicant can ____. A) Convert the application to a supplemental registration. B) Convert the application to a certified application. C) Appeal the decision to the Federal District Court. D) Publish the work under the marking "copyright pending." _____ 20) Dale wrote the book "The Fuller Brush Story" in 1965 and registered the work immediately then published it immediately with proper Copyright Notice. In 1990 Dale married Solita. Solita's company, Madamba Productions LLC, purchased the book from Dale in 2001 and an appropriate (and valid) assignment of all rights was executed transferring all remaining rights to Madamba Productions, LLC. What is the term/status of the copyright? A) Life of Dale + 70 years. B) 95 years from the date of publication C) 120 years from the date of creation D) It is in the public domain. _____ 21) If you file a "paper" application for copyright registration, you can expect to wait up to _____ months for registration, but is you file electronically you can typically expect registration within about _____ months on average. A) 25, 3 B) 6, 8 C) 36, 6 D) 12, 6 _____ 22) In copyright infringement, substantial similarity means that _____ A) The works have similarities and the infringing work was created second. B) The works had similarities that account for more than 50% of each work. C) The works have similarities that can only result from copying, rather than from coincidence D) The works have more similarities than dissimilarities. _____ 23) John is writing a biography of an author and wants to quote from the author's letters. Which of the following will guarantee that John can prevent a claim of copyright infringement? A) Paraphrasing the letters. B) Accurate attribution of the author of the letters. C) Having the book published by a non-profit organization. D) None of the above. _____ 24) A person who, with knowledge or reason to know of the infringing activity of another, induces, causes or materially encourages copyright infringement is known as _____. A) A contributory infringer. B) A beneficial infringer. C) A donator infringer. D) An innocent infringer. _____ VALUE: 1 Point per Question TRUE or FALSE 25) The "look and feel" of a website can be protected under US copyright law _____ 26) If Madonna were unhappy because her image was being used to sell phonecards, she could sue under the principle known as right of publicity. _____ 27) An author who assigns his rights may never unilaterally terminate such assignment _____ 28) The basis for America's copyright law is found in the 1st Amendment to the Constitution _____ 29) An author has a claim for copyright infringement and a breach of contract claim against a publisher. The author may bring both claims the same lawsuit in Federal Court _____ 30) Ellen collects important facts and statistics relating to the mortuary industry and organizes them in an inventive and original manner for publication as a directory. Her work would be protectable under copyright law. _____ 31) The expression "You're in good hands" cannot be protected under copyright law _____ 32) Maximilian has a commercial enterprise selling and renting furniture in Hartford, CT. Maximilian has purchased many paintings and prints. Under US copyright law, he is permitted to rent original painting and prints to his customers. _____ 33) Mr. Milanfar, an Iranian citizen, wrote a book in Farsi and published it in Iran, before moving to the United States to take up residence as a legal alien. Mr. Milanfar cannot obtain copyright protection in the United States for his work. _____ 34) All disputes as to ownership of copyright are determined under Federal Law _____ 35) Barry and Bennie jointly writes the novel Curl My Toes. If the book is infringed, Barry can sue the infringer even if Bonnie does not want to join in the lawsuit. _____ 36) The date of first publication can be omitted on the copyright notice for a greeting card _____ 37) Statutory damages may be awarded in a copyright infringement lawsuit if the work at issue had been registered prior to the infringement or within three months of the first publication of the work. _____ 38) If a computer program and manual are published together as a single unit by the same copyright claimant, both may be registered with one application form. _____ 39) Samantha is the author of the song "Love Cry." She transferred the right to make copies to "Love Cry" to Tom. Tom may sue an infringer that is illegally duplicating "Love Cry." _____ 40) The maximum number of bars of music that may be copied without an infringement occurring is four.