Chapter 8 - Intangible Property Rights

A copyright is a tangible property right; this means that you can touch and feel it.

False

Under federal copyright laws, a single-authored book is

Protected for the author's life plus 70 years

Copyright owners generally are protected against unauthorized ________ of the work,

development of __________ works,

________ of the work,

and public ________ of the work.

reproduction

derivative

distribution

display

The following is the list from Section 102 of the Copyright Act of the types of the original works that are protected under copyright law.

_____ works, including newspapers and magazine articles;

____ works and accompanying words, including advertising jingles,

____ works, including plays or musicals;

pantomimes and _____ works, including ballet and other forms of dance;

pictorial, _____, and sculptural works;

motion pictures and other ____ works;

_____ recordings; and ____ works, such as drawings and designs.

Literary

musical

dramatic

choreographic

graphic

audiovisual

sound

architectural

Which example in the following list is unrelated to the concept of intellectual property?

Land

Widely known facts and common sequences are not copyrightable.

True

______ is not copyrightable.

An original idea

While an alphabetical listing of phone customers cannot be copyrighted, the Yellow Pages and advertising sections of a phone book may be copyrightable because the:

Yellow Pages' information is selected and arranged in an original way.

There are several remedies available to a copyright owner for copyright infringement. Select three.

Criminal penalties; damages; injunction

If someone uses a small amount of a copyrighted work for a nonprofit, educational purpose, it may be a legal use under the __________ doctrine.

fair use

In determining whether a use is "fair use" of copyrighted material, the effect of that use upon the potential market for the work is often the most important factor.

True

The first sale doctrine states that once a copyrighted work is sold, it may only be resold with the permission of the original owner.

False

In 1980, Congress passed the ________ , which amended the Copyright Act to include computer programs.

Computer Software Copyright Act

If a business process, and information relating to that process, cannot be patented, copyrighted, or trademarked, there is nothing a business can do to protect it.

False

Which of the following is NOT a category of trade secret?

A marketing logo

Protection of trade secrets extends to both _______ and their ______.

Because of this, there is no ______ requirement.

But secret information must be known by someone so companies usually attempt to protect the secrets through _______ agreements.

ideas, expression

registration

confidentiality

Most state laws, with respect to protection of information of a commercial value, are based on the:

Uniform Trade Secrets Act

Under the ______, when a U.S. citizen writes a book, every signatory to that convention recognizes the U.S. author's copyright.

The ____ Agreement establishes standards for international protection of patents, trademarks, and copyrights.

The _____ Protocol allows a U.S. company to register its trademark abroad by submitting a single application and designating in which other countries the trademark shall be registered.

And in 2011, a number of nations signed the ______ Trade Agreement to combat piracy and global counterfeiting.

Berne Convention

TRIPS

Madrid

Anti-Counterfeiting

Alpha Corp. creates a syrup that is flavored with coffee and chocolate and sells it under the name MochaMerge. Beta Co. begins to sell a similar product under the name MokaMerge. This is most likely a matter of:

trademark infringement

Amy Mendoza is a local radio personality who goes by the name "Amy in the A.M." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy would be most likely to register her name as a:

service mark

Buster invents a new camp grill that he names Buster's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every grill. Buster can obtain a trademark for:

the name only

On the Border Mexican restaurants all have the same terra-cotta and turquoise color scheme, with posters of bullfighters and maps of Mexico on the walls. The restaurants also have identical furniture and menus, the wait staff wear similar types of clothing, and the same music plays in the background. The restaurants have a unique ambience, known in legal terms as their:

trade dress

Hot Products owns a patent for a fan motor that it uses in ceiling fans. Allied Electric uses a fan motor that is identical to Hot Products' in the air conditioners it manufactures. Allied Electric does not have Hot Products' permission to use the motor. Can Hot Products win a patent infringement case against Allied Electric?

Yes, because Allied Electric infringed on Hot Products' patent.

In 2014, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book:

is protected for her life plus seventy years

Without permission, Sally copies photographs from Isaiah's book Mount Everest: Top of the World and uses them in a new book. Sally's book is about photography not mountains. Sally's use of the photos is:

an infringement of Isaiah's copyright

Cason thinks of a new concept for a palm-sized computer notebook. He also thinks of a new, faster process for producing the notebooks. Federal copyright law protects:

neither Carson's concept nor his process.

A&O is the software designer of the most popular video game in the country. A&O decides to develop the game into a series and have its best designer, Laz, head the team of programmers working on the next game. Laz quits and goes to work for GameWare, taking some files for the new game with him. Under trade secret laws, A&O has protection for:

the information in the files and Laz's ideas for the game design

Rachel has just finished the business plan for a franchise that she expects will have international appeal. She is concerned about protecting the trade name of the business. Which of the listed answers provides her an avenue for registering a trade name internationally?

The Madrid Protocol

Roger McDonald decides to open up a series of liquor stores in his home state. He calls his chain McDonald's and uses a large, blue, curvy M as his logo. McDonald's Corporation, the famous fast food restaurant chain, wants him to stop using the curvy M, as it resembles McDonald's Corporation's famous golden arches. Assuming that the association with a liquor store would likely harm McDonald's Corporation's reputation, McDonald's Corporation wants to stop Roger from using the blue M. Which statement is true?

McDonald's can stop him from using the blue M if the similarity between the marks creates an association between them.

John invents a new type of automobile-tracking system on January 1 and files a patent application for it on June 30. On March 10, Susan invents a very similar system and files a patent application on March 15. Under the America Invents Act, who holds the valid patent?

Susan because she filed a patent application first.

Carissa writes a novel but does not register a copyright for the novel. Carissa e-mails a copy of the novel to her friend Kevin. Carissa:

has a valid copyright on the novel even though she didn't register it.

BKS Incorporated has a research and development (R&D) facility in the Arizona desert. Only authorized persons are allowed in the facility, and all employees and guests must sign a non-disclosure agreement. BKS likely considers the ideas of the people in their R&D division to be:

trade secrets

Samuel writes a book and files for copyright protection in the United States. In order for Samuel to receive copyright protection in France and Germany, Samuel:

will receive international copyright protection pursuant to the Berne Convention.

United Fabrics International, Inc., bought a fabric design from an Italian designer and registered a copyright to it with the U.S. Copyright Office. When Macy's, Inc., began manufacturing and selling garments with a similar, but not exact, design, United Fabrics filed a copyright infringement suit against Macy's.

The dispute in this case is over the _______

copyright of a particular fabric design

Generally, copyright owners have exclusive rights to make ________,

develop ________ works,

_______ the work,

or ______ display the work.

reproductions

derivative

distribute

publicly

This case deals primarily with the right to ______

develop derivative works

Macy's design was similar to, but not exactly like, United Fabrics' design. Copyright infringement ______ require an exact reproduction of the original.

does not

The fair use doctrine _______ a person or company to use copyrighted material ______ permission of the copyright owner.

allows

without

The fair use exception has four components: first, the ______ of the use,

second, the _______ of the copyrighted work;

third, the ______ of the work used;

and fourth, the ______ of the use on the potential _______.

purpose

nature

amount

effect

market

In this case, Macy's use of the similar design ______

have an ______

on the _______, which is often considered the most important factor in the fair use test.

did

effect

market

Macy's use of the fabric design _______ fall within the protections of the fair use exception.

did not

In this case, United Fabrics satisfied its burden of proof by introducing evidence of the copyright registration. Accordingly, the burden to rebut the presumption of validity of the copyright registration shifted to __________.

Macy's

Even if United Fabrics was determined to have a valid copyright in the fabric design, Macy's may have been able to argue that ____________.

Macy's design was not substantially similar to United Fabrics' design.

The court likely found for

United Fabrics

What if the facts were different? If Macy's purchased the fabric from United Fabrics and then used it to create handbags, which it then sold, Macy's ________ have violated United Fabrics' copyright.

would not

United Fabrics would lose the ability to control the fabric once sold to Macy's under the ________.

first sale doctrine