Shared Flashcard Set

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Entertainment Business
Quiz 2
44
Other
Not Applicable
08/15/2006

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Cards

Term
Can you protect an idea?
Definition
No, because it isnt tangible
Term
To what is intellectual property reffering?
Definition
A tangible creation from an idea
Term
What are the four main categories of intellectual property law?
Definition
Missappropriation, Intrusion, False Light, and Public Disclosure
Term
What are the two main reasons why we create?
Definition
Financial and Personal
Term
To which of the two do copyrights, patents and trademarks relate?
Definition
Financial
Term
What are the two categories of the personal side of intellectual property?
Definition
Right of Paternity, Right of Integrity
Term
How do moral rights relate to the creator of the work?
Definition
Personal
Term
What are the two areas of moral rights?
Definition
Paternity and Integrity
Term
Does the US honor moral rights?
Definition
No, except architecture, oil paintings, or limited distribution photographs
Term
What are the two exceptions to moral rights in the US?
Definition
When you sell your work, you sell your moral rights, and you must use a contract to keep your moral rights upon sale
Term
Define right of publicity.
Definition
Misappropriation, allows you to take legal action against anyone who uses your name or likeness without permission
Term
What is defamation?
Definition
making untrue statements that harm someones reputation
Term
What is the difference between slander and libel?
Definition
Slander is spoken, libel is recorded
Term
What must you prove in a libel suit?
Definition
False statement, published/recorded, Recognizably refers to the person mentioned
Term
What else must you prove in a libel suit if you're a celebrity?
Definition
Actual Malice
Term
What is a trade secret?
Definition
A process device, recipe, etc. that gives your company a competitive advantage
Term
How do you protect trade secrets?
Definition
Non Disclosure Agreements
Term
What does a patent protect?
Definition
A unique process, device, or design
Term
What is the maximum term of a patent?
Definition
20 years
Term
What is the website to find out more about patents and marks?
Definition
www.uspto.gov
Term
What is a provisional patent?
Definition
Provides a year of protection while you apply for a patent
Term
How long does a Mark last?
Definition
10 years
Term
Can you renew a mark?
Definition
Yes
Term
Do you have to register your mark to use a TM symbol?
Definition
no
Term
What is the symbol to designate the mark has been registered with the government?
Definition
R in a circle
Term
How far in advance of starting your business can you register your mark?
Definition
3 years
Term
What is copyright?
Definition
Original works of authorship fixed in a tangible form of expression
Term
In order to copyright something it must be what?
Definition
Unique/Tangible
Term
What is WIPO and what do they do?
Definition
Part of the UN that governs international trademarks and copyrights
Term
What did the DMCA do?
Definition
Addressed internet copyright issues
Term
How long do individual copyrights last?
Definition
Life + 70
Term
How long do company copyrights last?
Definition
120 years after creation
Term
What have some companies done to avoid the limitations of copyrights?
Definition
Trademark Intellectual Property as well as Copyrights
Term
What three elements does a copyright notice consist of?
Definition
Copyr. Year of Publication Name of Owner
Term
When does copyright protection begin?
Definition
When the work is made tangible
Term
What does it cost to register a copyright?
Definition
45$
Term
What is the website for getting forms to fill out for registering a copyright?
Definition
www.loc.gov
Term
What are the 5 basic rights you get in a copyright?
Definition
Reproduce, Perform, Display, Derive, Distribute
Term
Which of these rights does the consumer have?
Definition
Reproduce for personal use
Term
What is the difference between licensing and assignment of a copyright?
Definition
licensing grants limited and specific rights, assignment is giving away all your rights
Term
What is a work made for hire?
Definition
Work that was made for an employer in which the employer is the author
Term
What is an independent contractor?
Definition
Somebody who creates a work for someone but they retain ownership
Term
What could constitute a work for hire even if it wasnt written in the contract?
Definition
Control and Duration excercised by the employer
Term
Under a joint ownership of a copyright, how is control and profit of the of the shared work distributed?
Definition
Equally Shared
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