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Inventions that feature some sort of utility function. -AND- Designs of a manufactured good |
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Words, symbols or devices that differentiate goods or services from one another. |
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Within the U.S., a trademark may be claimed by: |
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The person who first uses a trademark. |
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As a result of the Federal Dilution Trademark Act, trademarks: |
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May not be used without consent on dissimilar products. |
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While sharing some similarities, committing plagiarism and violating copyright are different because plagiarism involves: |
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Using someone else's work as if it were your own. -AND- Distributing someone else's work. -AND- Reproducing someone else's work. |
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Copyright law applies to forms of expression contained in: |
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Song lyrics and musical compositions. -AND- Sculptures and paintings. -AND- Dramatic and literary works. |
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The British Crown justified copyright law as a way to: |
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Provide an incentive by rewarding creators of literature and art for their labor. |
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The exclusive rights that apply to copyright owners include the right of: |
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Public distribution of the work. -AND- Reproduction of the work. -AND- Preparation of derivative works. |
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Before a copyrighted work like a book may be printed: |
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Consent of the copyright owner must be obtained. |
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In order to determine whether something constitutes an original work under copyright law, the work: |
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"must owe its origin to the author. p. 498"
NONE OF THE ABOVE. |
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Reflecting upon precedent set in the Supreme Court's review of Feist Publications, Inc. v. Rural Telephone Service Co., Inc. (1991), alphabetically ordered lists of facts are: |
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Not covered under copyright. |
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With respect to news items, copyright law protects: |
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The style and manner of how a specific story is presented. |
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In Associated Press v. International News Service (1919), the Supreme Court found: |
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Taking the news collected by a wire service and distributing it commercially as your own to constitute a misappropriation. |
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Excluding "work for hires," a sole-authored original work created after 1978 receives copyright protection for: |
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The life of the creator plus 70 years. |
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Courts determining whether the use of a copyrighted work falls under fair use will examine: |
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The purpose and character of the use. -AND- The amount and substantiality of the portion used in relation to the copyrighted work as a whole. -AND- The effect of the use on the potential market for or value of the copyrighted work. |
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Which of the following elements do courts give the most weight to when reviewing fair use defenses? |
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The effect of the use on the potential market for or value of the copyrighted work. |
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College course packets containing book chapters, journal articles and news clippings are: |
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Not protected under fair use and require copyright permission and possible fees. |
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In Harper & Row Publishers v. Nation Enterprises (1985), the Supreme Court stated that: |
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The right of first publication is an important factor in denying fair use defenses |
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Within the umbrella of the fair use defense, using a copyrighted work for a parody: |
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"could never be a fair use. p. 514"
-NONE OF THE ABOVE- |
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Before an owner of a copyrighted work may sue for infringement, the work in question must be: |
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Officially registered with the U.S. Copyright Office. |
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The Digital Millennium Copyright Act (DMCA): |
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Provides exemptions from copyright infringement claims to Internet service providers (ISPs) who are merely acting as conduits. -AND- Establishes compulsory licensing for the transmission of music over the Internet. -AND- Prevents the circumvention of technological measures designed to protect copyrighted works. |
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Upon reviewing Napster's file-sharing service, the Ninth Circuit Court of Appeals: |
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Ordered Napster to stop facilitating the trading of protected sound recordings. |
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Enforcing copyright law on the Internet is challenging because: |
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Digital information may be easily copied. -AND- Some Internet users ignore the exclusive rights of copyright holders. -AND- C) Illegal copies of protected works may be distributed efficiently to thousands of other users through a website. |
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In New York Times Co. v. Tasini (2001), the Supreme Court found: |
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Databases are not revised editions of original publications. |
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