Chapter 8 Comm Law Flashcards Preview

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Flashcards in Chapter 8 Comm Law Deck (76):
1

An area of law that deals with intangible property is considered?

immaterial property

2

immaterial property consists of what 3 properties?

patents
copyright
trademarks

3

which immaterial property is this?

Any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law.

patent

4

which immaterial property is this?

This property law gives the author, or the owner of property, the sole and exclusive right to reproduce the property work in any form for any reason.

copyright

5

is this considered a "right under copyright law?"

The right of reproduction

yes

6

is this considered a "right under copyright law?"

The right of preparation of derivative works

yes

7

is this considered a "right under copyright law?"

The right of public performance recording

no

8

is this considered a "right under copyright law?"

The right of selling copyright material

no

9

is this considered a "right under copyright law?"

The right of public performance of the work

yes

10

is this considered a "right under copyright law?"

The right of public display of the work

yes

11

is this considered a "right under copyright law?"

The right of public digital performance of a sound recording (with exceptions)

yes

12

Patents give the inventor a monopoly on selling the product for __ years

20

13

Three kinds of patents include:

Patents on inventions with utility
Patents on designs
Patents that protect plants (e.g., flowers)

14

can facts be copyright?

no

15

can literary works be copyright?

yes

16

can musical works be copyright?

yes

17

can trivial materials such as titles or slogans be copyright?

no

18

can pantomimes and choreographic works be copyright?

yes

19

can ideas be copyright?

no

20

can dramatic works be copyright?

yes

21

can pictorial, graphic, and sculptural works be copyright?

yes

22

can motion pictures/audiovisual work be copyright?

yes

23

can utilitarian goods be copyright?

no

24

can sound recordings be copyright?

yes

25

can methods, systems, mathematical problems be copyright?

no

26

the work must be ___ and not a ____ to be copyright

original, reproduction

27

A legal proposition that even though facts are not copyrightable, a person who invests great energy and hard work in amassing these facts deserves some reward for this hard work. t or f?

true

28

what is this called/from?

A legal proposition that even though facts are not copyrightable, a person who invests great energy and hard work in amassing these facts deserves some reward for this hard work.
Accepted by courts

the "sweat of the brow" doctrine

29

compilations made up of individual contributions (e.g., an anthology of poetry) is copyrightable. this is known as?

collective work

30

Material based on existing work is copyrightable as long as the material has a sufficient amount of originality (e.g., condensation, translation)
this is known as?

derivative work

31

a consent must be obtained from the owner of the copyright to the original work for?

derivative work

32

Copyright law does not protect ________ other journalists may use the facts you have gathered to write their news story

the facts in the story;

33

Copyright law protects the _________– the way it is told, the style and manner in which the facts are presented

expression of the story

34

______ begins at the moment a work that can be protected is created (in a tangible medium).

Copyright ownership

35

there is a formal procedure required for copyright protection. t or f?

false, there is no formal procedure

36

.....is a work prepared by two or more authors with the intention that their contributions will be merged into inseparable or interdependent parts of a unitary whole.

A "joint work of authorship"

37

_____ applies when individual contributions are blended (e.g., computer programs)

Inseparable

38

____ refers to works with separable elements (e.g., lyrics and music).

Interdependent

39

The __________ view is that a joint author's contribution must be independently copyrightable.

prevailing

40

The _______ view is that a contribution of more than de minimus authorship should be credited even if not independently copyrightable

minority

41

which circuit(s) follow the prevailing view?

second and ninth

42

which circuit(s) follow the minority view?

seventh

43

Joint authors need to make equal contributions. t or f?

false, joint authors need not make equal contributions

44

_______ limits the work made for hire doctrine to two specific situations

The Copyright Act

45

The Copyright Act limits the work made for hire doctrine to two specific situations:

a work prepared by an employee within _______ or

a work specially ordered or commissioned for use _____

the scope of his or her employment;

or

specially ordered or commissioned for use

46

In order for the work of an independent contractor to be a work made for hire, the following facts must exist:

the work must be specially ______


there must be ______ between the parties specifying that the work is a work made for hire.

ordered or commissioned;

and

a written agreement

47

which right may a Publisher purchase from a free-lancer?

all right, first serial rights, and one-time rights

48

the right to use a piece just one time is which right?

one-time right

49

ownership of the complete story/photograph is which right?

all rights

50

the right to use the piece for the first time in a publication
is which right?

first serial right

51

All _______ is precluded from copyright ownership

government work

52

Not all government work can be copied and published. t or f?

false, all government work can be copied and published

53

how long has copyright been if Published before 1923?

: copyright has expired

54

how long has copyright been if Published 1923-1963?

95 years (if renewed in 28th year

55

Works created 1978 and after _________ for the life of the author plus 70 years

are protected

56

Works created 1978 and after as “work for hire” are protected for ______ or _____whichever is shorter

95 years from publication or 120 years from creation,

57

A work falls into the public domain and may be copied by any person for any reason without payment of royalty to the original owner. this is considered?

after the copyright has expired

58

Under International and American Law the affixing of the copyright Notice is or is not required? However, it is recommended to prevent _________

is not/ “innocent infringement.”

59

_____ is someone who claims he/she didn’t know that the work was copyrighted because there was no notice

The “Innocent infringer”

60

is registration necessary to establish copyrights?

no

61

when must registration be done?

before filing a lawsuit in case of infringments

62

Anyone who violates the exclusive rights of the copyright holder is guilty of ?

infringement of copyright.

63

________ to reproduce music in conjunction with video

Synchronization Licenses

64

Demand to cease the unauthorized use is?

(a cease-and-desist letter)

65

A Plaintiff May:
Ask the court to _____ for any damage they have suffered

assess the defendant

66

A Plaintiff May:
Ask for ______ made by the infringer from pirating the protected work

the reimbursement of profits

67

A Plaintiff May:

receive?

statutory damages

68

is copyright infringement a criminal offense?

yes

69

Permits limited use and copying of an original creation that has been properly copyrighted without the owner’s consent and without paying a royalty. this is?

"fair use" of copyrighted Material

70

Copyright Act of 1976 is?

Fair Use

71

Publishing copyrighted material on the Internet constitutes?

public display.

72

Publishing copyrighted material on the Internet constitutes public display.
Thus, it ?

violates owner’s exclusive right to the material.

73

which companies have immunity from copyright infringement by users?

ISP

74

Any word, symbol or device (or combination of the three) that differentiates an individual’s or company’s goods and services from competitors is called?

trademarks

75

The function of trademark law is to?

stop confusion in the marketplace

76

Four Main Functions of Trademarks and Service Marks?

Distinguish one seller’s goods from another’s

Signify all goods bearing the trademark or service mark come from a single source

Signify all goods bearing the mark are of an equal quality level

Serve as a prime instrument in advertising and selling