Copyright

Front 1

Define copyright andprovide five types of work it applies to.

Back 1

a. an original work of authorship fixed in any tangible medium of expression

i. Canbe granted for literary works, music, lyrics, art work, statues, poems,paintings, software, choreography

Front 2

How does one prove copyright infringement?

Back 2

o Ownership of a valid copyright

o Copying of a constituent element of that original work

Front 3

What must one show if theydo not possess direct proof of copyright infringement?

Back 3

o Must show someone had access to the work

o Must show that the works are “substantially similar”

Front 4

Define trademarks and provide two examples

Back 4

o Trademarks can be a word, name, symbol,or device used by a manufacturing or merchant to identify its goods and helpdistinguish their goods from others

-Nike Swoosh, Golden Arches

Front 5

What must a trademark owner show to prevail in atrademark infringement lawsuit?

Back 5

o Ownership of a protectable mark

o Likelihood of consumer confusion

Front 6

Utah v. Frampton;

Back 6

· Frampton offered to sell Wilson baseball gloves to al sporting goods

· Werent Wilson gloves

· Frampton said he bought them from Korea

· Wilsons were made in America.

· Busted

Front 7

Bouchat v. Baltimore Ravens;

Back 7

· 9th grade education artist

· created ravens symbol

· obtained copyright rights after noticing symbol used

· sued for copyright enfringment after the fact

Front 8

Burnett v. 20th Century;

Back 8

· Burnett sued family guy for an episode entitled peterotica

· Burnett part time janitor at a porn shop

· Legal under doctrines of parody fair use

Front 9

Heisman v. Smack Apparel;

Back 9

· Hesitman

· Made t-shirt of Heisman candidate

Front 10

Tiger Woods

Back 10

· Charlie axel woods domain name. day after woods son was born

· Sued for common law trademark rights

Front 11

HawaiiPacific v. Cleveland Browns;

Back 11

· Dawg pound

· Trademarked it in 85, ended in 95 when team moved

· Hp took over trademarks after and sued nfl in 200 for using thetrademark

Front 12

Newcombe v. Coors

Back 12

-Likeness used in coors ad

-image of newcombe,t his outline

-sued for using his likeness