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Mass Media Law Final - CH 14
Chapter 14
25
Law
Undergraduate 4
12/09/2010

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Cards

Term
Patent law protects:
Definition
Inventions that feature some sort of utility function.
-AND-
Designs of a manufactured good
Term
Copyright law protects:
Definition
Intangible property.
Term
Trademark law protects:
Definition
Words, symbols or devices that differentiate goods or services from one another.
Term
Within the U.S., a trademark may be claimed by:
Definition
The person who first uses a trademark.
Term
As a result of the Federal Dilution Trademark Act, trademarks:
Definition
May not be used without consent on dissimilar products.
Term
While sharing some similarities, committing plagiarism and violating copyright are different because plagiarism involves:
Definition
Using someone else's work as if it were your own.
-AND-
Distributing someone else's work.
-AND-
Reproducing someone else's work.
Term
Copyright law applies to forms of expression contained in:
Definition
Song lyrics and musical compositions.
-AND-
Sculptures and paintings.
-AND-
Dramatic and literary works.
Term
The British Crown justified copyright law as a way to:
Definition
Provide an incentive by rewarding creators of literature and art for their labor.
Term
The exclusive rights that apply to copyright owners include the right of:
Definition
Public distribution of the work.
-AND-
Reproduction of the work.
-AND-
Preparation of derivative works.
Term
Before a copyrighted work like a book may be printed:
Definition
Consent of the copyright owner must be obtained.
Term
In order to determine whether something constitutes an original work under copyright law, the work:
Definition
"must owe its origin to the author. p. 498"

NONE OF THE ABOVE.
Term
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:
Definition
Not covered under copyright.
Term
With respect to news items, copyright law protects:
Definition
The style and manner of how a specific story is presented.
Term
In Associated Press v. International News Service (1919), the Supreme Court found:
Definition
Taking the news collected by a wire service and distributing it commercially as your own to constitute a misappropriation.
Term
Excluding "work for hires," a sole-authored original work created after 1978 receives copyright protection for:
Definition
The life of the creator plus 70 years.
Term
Courts determining whether the use of a copyrighted work falls under fair use will examine:
Definition
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.
Term
Which of the following elements do courts give the most weight to when reviewing fair use defenses?
Definition
The effect of the use on the potential market for or value of the copyrighted work.
Term
College course packets containing book chapters, journal articles and news clippings are:
Definition
Not protected under fair use and require copyright permission and possible fees.
Term
In Harper & Row Publishers v. Nation Enterprises (1985), the Supreme Court stated that:
Definition
The right of first publication is an important factor in denying fair use defenses
Term
Within the umbrella of the fair use defense, using a copyrighted work for a parody:
Definition
"could never be a fair use. p. 514"

-NONE OF THE ABOVE-
Term
Before an owner of a copyrighted work may sue for infringement, the work in question must be:
Definition
Officially registered with the U.S. Copyright Office.
Term
The Digital Millennium Copyright Act (DMCA):
Definition
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.
Term
Upon reviewing Napster's file-sharing service, the Ninth Circuit Court of Appeals:
Definition
Ordered Napster to stop facilitating the trading of protected sound recordings.
Term
Enforcing copyright law on the Internet is challenging because:
Definition
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.
Term
In New York Times Co. v. Tasini (2001), the Supreme Court found:
Definition
Databases are not revised editions of original publications.
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