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36 Cards in this Set
- Front
- Back
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Trademark law protects ________ such as advertising slogans, movie and book titles and cartoon characters.
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Trademark
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Patent law protects __________.
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Inventions
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Patent, trademark and copyright statutes all are categorized as ___________ ________ ___.
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Intellectual property law.
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What is the current U.S. trademark law which is intended to prevent consumer confusion about what company supplies particular goods.
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The Lanham act
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Copyright for many works lasts for the creator's life plus __ more years.
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70
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What is the United States' copyright law?
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The 1976 copyright act
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T/F the 1976 copyright law was outdated almost immediately.
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T
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Originality is not defined, but simply, it must be a work that...
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no one else has ever created before.
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A work must be fixed in a ....
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tangible medium
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T/F Architecture is not a tangible medium which may be copy righted.
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F
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T/F A work that is not original or is not fixed in a tangible medium cannot be copyrighted.
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T
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T/F Facts or the interpretation of facts can be copyrighted.
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F
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When one takes information form another outlet and presents it as it's own it is called...
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misappropriation of unfair competition.
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Unfair competition is not a copyright infringement instead it is actionble under the
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common law of individual states.
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Which would protect words and prhases including advertising slogans and titles of books movies and teleision programs? Trademarks or Copyrights?
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Trademarks
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An original work automatically is copyrighted from the moment it...
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is created and fixed in a tangible medium.
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In order for a creator to sue for copyright infringement, the creator must...
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register the copyright
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A work made for hire is....
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when a person creates a work as part of her or his employment the law gives copyright to the employer.
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A work for hire occurs in two circumstances....
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1. When they work as part of their full time employment.
2. If the creator and employer agree to in writing the work is specially ordered for us in a particular project. |
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Moral Rights
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Authors may prevent haveing hteir name removed fromt he work and insiston having their name connected with the work when it is displayed. They may also prevent having their name attached to a work they did not create.
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Congress changed the law so it does not require a copy right notice to be placed on works published on or after March 1 _____.
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1989
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Many courts use a two-part test to determine whether works are substantially similar, these are:
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Objective extrinsic test and the subjective intrinsic test.
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Objective extrinsic test
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Compares similarities between the two works' expressive qualities, such as plot dialog musical notes, shapes and the use of colors.
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Subjective intrinsic test
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This considers whether a reasonable person would judge the two works to be similar based on the works' concept and feel.
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T/F A plaintiff must prove that a copyright infringement was deliberate.
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F - even accidental infringement violates the law.
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Criminal charges can be brought if...
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the infringer received something of value, including a coprighted work.
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Criteria to judge fair use (4)
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1. The purpose and character of the use
2. The nature of the copyrighted work 3. the amount and substantiality of the portion used 4. the effect on the plaintiff's potential market. |
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DMCA bans software and hardware that facilitates...
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circumventing copyright protection technology.
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If an ISP removes material that a copyright holder tells the website is posted with outpermission this is called...
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Takedown notice
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T/F - The copyright holder cannot successfully sue a website for monetary damages if the site operator did not know the content infringed someone's copyright, did not earn money directly from the posted material and promptly complies with a takedown notice.
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T
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Mechanical license
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Permission to record a composition.
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In order to transmit sound recordings digitally, you must obtain....
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a statutory license fee
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Fanciful marks
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invented marks, including made-up words. (Kenwood)
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Arbitrary marks
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words having an ordinary meaning but not a meaning applied to the product or service. (Apple)
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Suggestive marks
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hint at a products qualities but do not describe what the product is. (Coppertone)
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Descriptive mark
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describes the product or service and may or may not suggest what company provided it. Descriptive terms usually cannot be trademarked.
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