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  1. Preface and Foreword
  2. 1 Patent Basics
    1. Introduction
    2. 1.1 The Foundations of Patent Protection
    3. 1.2 The Weakness of Early Patent Systems
    4. 1.3 America’s Uniquely Democratic Patent System
    5. 1.4 The Role of the U.S. Legal System
    6. 1.5 What the U.S. Patent System Wrought
    7. 1.6 Patent-Eligible Inventions
    8. 1.7 Criteria for Patenting
    9. 1.8 Other Types of Patents
    10. 1.9 The Patenting Process
    11. Assessment Questions
  3. 2 Patent Enforcement
    1. Introduction
    2. 2.1 The Right to Enforce Patents
    3. 2.2 Deciding Whether and How to Enforce a Patent
    4. 2.3 Patent Litigation
    5. 2.4 Getting Started
    6. 2.5 Pretrial Procedures
    7. 2.6 Trial
    8. 2.7 Post-Trial Procedures
    9. 2.8 Appeals
    10. 2.9 Litigation Alternatives
    11. 2.10 Patent Trolls and Efforts to Thwart Them
    12. Assessment Questions
  4. 3 Copyright Basics
    1. Introduction
    2. 3.1 The Basics of Copyright
    3. 3.2 Early Copyright Systems
    4. 3.3 Copyright in America
    5. 3.4 Eligible Works
    6. 3.5 Rights and Term
    7. 3.6 Infringement and Remedies
    8. 3.7 The Fair Use Defense
    9. 3.8 Changes in Copyright Law
    10. 3.9 New Technology Challenges to Copyright
    11. 3.10 Alternative Forms of Copyright
    12. 3.11 Copyright in a Changing World
    13. Assessment Questions
  5. 4 Trademark Basics
    1. Introduction
    2. 4.1 Core Concepts
    3. 4.2 Early Trademark Systems
    4. 4.3 U.S. Trademark Law
    5. 4.4 The Four Types of Trademarks
    6. 4.5 The Subject Matter of Trademarks
    7. 4.6 The Spectrum of Distinctiveness
    8. 4.7 Bars to Trademark
    9. 4.8 Establishing Trademark Protection
    10. 4.9 Trademark Infringement
    11. 4.10 Trademark Remedies
    12. 4.11 Fair Use of Trademarks
    13. Assessment Questions
  6. 5 Trade Secret Basics
    1. Introduction
    2. 5.1 Trade Secret Protection
    3. 5.2 The Foundations of Trade Secrets Law
    4. 5.3 Elements of a Trade Secret
    5. 5.4 The Secrecy Requirement
    6. 5.5 Misappropriation of Trade Secrets
    7. 5.6 Remedies Available for the Misappropriation of Trade Secrets
    8. Assessment Questions
  7. A | Glossary
  8. Answer Key
    1. Chapter 1
    2. Chapter 2
    3. Chapter 3
    4. Chapter 4
    5. Chapter 5
  9. Index
1.

A copyright gives authors, artists, dramatists, architects, and other artistic creators the exclusive right to control what?

  1. How their work is published, reproduced, performed, or displayed.
  2. The price at which their work is sold, performed, or displayed.
  3. Whether or not the work becomes a classic on art, theater, or literature.
2.

Copyright is made possible by Article 1, Section 8, Clause 8 of the U.S. Constitution, which also gives Congress the authority to do what?

  1. Declare war.
  2. Grant patents.
  3. Make all laws necessary and proper to enforce copyrights.
3.

Congress and the courts have interpreted the terms “authors” and “writings” very broadly to include which of the following as eligible for copyright? (Choose all that apply)

  1. Graphic works.
  2. Novel, non-obvious and useful inventions.
  3. Architectural works.
4.

When is a work considered copyrighted?

  1. Once it is officially registered with the U.S. Copyright Office.
  2. Once the U.S. Copyright Office grants an official copyright.
  3. Once it is expressed in a tangible form that allows it to be seen or copied.
5.

There is an extensive examination system for getting a patent approved. Why is there not a similar system in place for copyrights?

  1. The merit of an artistic or literary work is a wholly subjective determination.
  2. Merit has nothing to do with whether or not a creative work is copyrightable.
  3. Patent examiners can all agree that an invention is novel, non-obvious and useful, but art critics may never all agree that any one painting is beautiful.
  4. All of the above.
6.

Which two public policy goals are served by granting copyrights? (Choose all that apply)

  1. By protecting the property rights of artists to their creations, the wellsprings of creation do not dry up for lack of incentive.
  2. Copyrights ensure that artists and writers won’t be taken advantage of.
  3. Cultural creativity serves the public good and promotes literacy and learning.
7.

How were copyrights viewed very differently from patent rights in terms of the interests of the general public?

  1. Copyrights were thought to be in less conflict with the public interest.
  2. Copyrights were enforced with the same diligence as patent rights.
  3. Patent rights were seen as more beneficial to the public than copyrights.
8.

The policy of strong patent rights and weaker copyrights also reflected what differences in the motivations of inventors compared with authors?

  1. Authors were not generally interested in economic gain.
  2. Authors were motivated only by the prospect of economic gain.
  3. Both artists and inventors sought economic gain, but authors also tended to be rewarded by celebrity and reputational gain as well.
9.

Copyrights began to be formally issued in what part of Europe?

  1. France in the sixteenth century.
  2. England under Queen Anne.
  3. The Republic of Venice in the fifteenth century.
10.

Initially, to whom were copyrights given?

  1. Authors.
  2. Artists.
  3. Printers and publishers.
11.

The copyright granted in 1669 to Jean-Baptiste Lully, director of the Paris Opera, gave him exclusive rights to? (Choose all that apply)

  1. All operatic performances.
  2. The publication of operatic librettos.
  3. The number of musicians who could perform outside the Paris Opera.
  4. Bequeath his copyright monopoly to his heirs.
  5. All of the above.
12.

How did early copyrights evolve from business monopolies into instruments of censorship and surveillance?

  1. Bookstores sent the authorities records of who purchased what books.
  2. Books had to be read and approved by a censor before a permit was granted to print the book.
13.

What did the 1709 Statute of Anne do to copyright practices?

  1. It required that copyrights be given to multiple printers, not just one monopoly.
  2. It enabled copyrights to last as long as 150 years.
  3. It enabled anyone to get a copyright lasting 14 years with the right to renew.
14.

In general, early European copyright systems achieved what results?

  1. Created monopolies, high prices, censorship, and wealth for the Crown.
  2. Guaranteed authors’ rights.
  3. Prevented publishers and printers from exploiting authors and artists.
15.

What was the significance of the landmarkDonaldson v. Beckett case in England?

  1. It established that copyright was the common law right of publishers.
  2. It treated copyright as a limited right of authors for the first time anywhere.
  3. It gave Thomas Beckett the right to his own work in perpetuity.
16.

After Donaldson v. Beckett, copyrights were expanded to include which of the following? (Choose all that apply)

  1. Sheet music, maps, design, and sculpture.
  2. Lectures.
  3. Inventions.
17.

At the time of America’s first copyright laws, publications in America were mostly focused on which of the following?

  1. Literary works.
  2. Practical guides, newspapers, and almanacs.
  3. Poetry.
18.

Given America’s more utilitarian focus in publishing, what was the emphasis placed in the drafting of our first copyright laws?

  1. To guarantee the rights of authors.
  2. To guarantee the rights of publishers and printers.
  3. To ensure widespread public access to knowledge and information.
19.

Copyrights for U.S. citizens last for what term?

  1. 28 years.
  2. 14 years, with the right of renewal.
  3. Life-plus 70 years.
20.

The first U.S. copyright law was signed by George Washington when?

  1. 1776.
  2. 1783.
  3. 1790.
21.

How did America’s first copyright law treat the infringement of foreign cultural works?

  1. It strongly prohibited copyright infringement whether domestic and foreign.
  2. It explicitly allowed, even encouraged the piracy of foreign works.
22.

America would resist all efforts to outlaw the piracy of foreign works for how long?

  1. Until 1810.
  2. Until the end of the Civil War in 1865.
  3. Until 1891.
23.

John Barry was the first American to receive a copyright. For which type of work did he receive the copyright?

  1. A novel.
  2. An almanac.
  3. A spelling book.
  4. A book of poems.
24.

A half century after independence, what proportion of literary works published in America were written by Americans?

  1. 33%
  2. 65%
  3. 92%
25.

What were some of the costs of America’s rampant piracy of foreign books?

  1. The U.S. was regarded as an publishing outlaw by other countries.
  2. American works cost a lot more than pirated foreign works.
  3. Domestic American authorship was stunted and delayed as a result.
  4. All of the above.
26.

When was Harriet Beacher Stowe’s Uncle Tom’s Cabin copyrighted?

  1. 1837.
  2. 1851.
  3. 1861.
27.

Research and historical experience demonstrate that, in the absence of intellectual property rights, nations are bound to face which of the following?

  1. An excessive incentive to copy others.
  2. An excessive incentive to invent or create for themselves.
  3. An incentive to trade ideas and work freely.
28.

When did U.S. authors finally become the majority of best-selling authors in the U.S.?

  1. The mid-19th Century.
  2. The early 20th century.
29.

Which of the following is NOT one of the eight broad categories of copyrightable work?

  1. Literary works.
  2. Musical works, including any accompanying words.
  3. Dramatic works, including any accompanying music.
  4. Pantomimes and choreographic works.
  5. Creative Ideas.
  6. Pictorial, graphic, and sculptural works.
  7. Motion pictures and other audiovisual works.
  8. Sound recordings.
  9. Architectural works.
30.

Why is computer software eligible for copyright?

  1. It cannot be patented.
  2. It is considered to be a literary work, which the Copyright Act defines as a work expressed in words, numbers, or other symbols that is creatively compiled.
  3. It is able to display artistic or literary work on a TV or in an e-book.
31.

What is the difference between ideas and their expression under copyright law.

  1. You can’t copyright an idea for a movie, but you can patent it.
  2. Ideas are just thoughts, not matter how creative. You can’t copyright thoughts.
  3. You cannot copyright an idea for a space opera, but you can copyright Star Wars—the original expression of a space opera idea put to paper or film.
32.

Which of the following may be copyrightable?

  1. A mathematical formula.
  2. Facts that you have discovered through research.
  3. A compiled Chinese-American phone book that uses facts.
33.

Other than being one of the eight broad categories of creative content, which is NOT one of the other four things a copyrighted work must be.

  1. Original.
  2. Expressed or fixed on a tangible medium that can be seen or copied.
  3. Authored or creatively compiled.
  4. Not a fact or abstract idea.
  5. Culturally worthwhile.
34.

How many exclusive rights does a copyright owner have?

  1. 5.
  2. 6.
  3. 8.
35.

If the copyright in a work lasts for 95 years from first publication, it is copyright for:

  1. An individual.
  2. A work of two or more authors.
  3. A work for hire.
36.

How long will Michael Jackson’s copyrights last? (Note: He died in 2009)

  1. Until 2025.
  2. Until 2079.
  3. Until 2110.
37.

What is the “first-sale” doctrine?

  1. It states that copyright begins with the first sale of your manuscript to a publisher.
  2. It gives you the right to protect the integrity of your work after publication.
  3. It terminates your distribution rights after you (or your publisher) sell your work to a bookstore, art gallery, etc.
38.

Registration used to be required for a copyright. When did that requirement end?

  1. 1976, with the passage of the Copyright Act.
  2. 1909, when Congress passed the Copyright Act of 1909.
  3. 1989, after the United States joined the international Berne Convention.
39.

If attorneys could demonstrate in court that Kanye West “sampled” or used pieces of Sly Johnson’s song “Different Strokes” in a song called “The Joy,” this would be evidence of what kind of copyright infringement?

  1. Comprehensive nonliteral similarity.
  2. Fragmented literal similarity.
40.

In 2015, a federal jury found Robin Thicke and Pharrell Williams guilty of copyright infringement of soul singer Marvin Gaye’s “Got to Give It Up.” They found that their song “Blurred Lines” demonstrated what form of copyright infringement?

  1. Comprehensive nonliteral similarity.
  2. Fragmented literal similarity.
41.

In addition to the $5.3 million jury award, why was the Thicke and Williams copyright infringement case considered to be so significant within the music industry?

  1. It shows that you can’t get away with stealing other people’s work.
  2. The verdict seemed ironic in light of Williams’s smash hit “Happy.”
  3. It challenged the growing practice in music of incorporating elements, features, themes, and even the “feel” and “mood” of the work of other artists and genres.
42.

The jury’s decision also drew criticism from many copyright and music experts. Why?

  1. The $5.3 million award was thought to be outrageously large.
  2. Critics said that although Marvin Gaye may have been the Prince of Soul, he didn’t own a copyright to the whole genre.
  3. Not a single word, melody, or beat from Gaye’s song was actually copied.
43.

In what way has the Marvin Gaye case already made musicians and producers more cautious?

  1. Singers are more willing to license the work of previous artists from whom they gain “look and feel” ideas and inspiration.
  2. Sam Smith granted Tom Petty songwriting credit and royalties to Smith’s song “Stay With Me,” which bore a resemblance to Petty’s hit “I Won’t Back Down.”
  3. Both of these are accurate.
44.

Which of the following are NOT one of the types of damages that copyright owners may receive if their work is infringed?

  1. Actual.
  2. Punitive.
  3. Statutory.
45.

If someone willfully infringes your copyrighted work for commercial advantage or private financial gain, what may he or she also face?

  1. Treble damages.
  2. Criminal penalties of up to five years in prison for a first offense, and ten years for a second offense.
  3. An order to publicly apologize for the infringement.
46.

Sometimes the copyright owner’s most important remedy for infringement will be an injunction. Why?

  1. It immediately stops the infringer from continuing to make money from work that infringes your copyright.
  2. It puts the infringer in jail where he cannot commit more infringement.
47.

Fair use allows for the copying and use of copyrighted material for all EXCEPT which specific purpose?

  1. Criticism and comment.
  2. News reporting.
  3. Teaching or research.
  4. Political organizing.
48.

One of the four factors considered in whether the copying or use of a copyrighted work is considered to be fair use is “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.” Which of the following would likely be considered fair use?

  1. A profit-making magazine like Vanity Fair publishes a book review that quotes several thousand words of the copyrighted book being reviewed.
  2. A nonprofit university distributes copies of two chapters of a copyrighted textbook to its students so they don’t have to buy the textbook itself.
49.

What major change in copyright law was NOT made in the Copyright Act of 1976?

  1. It extended copyright to performances via cable television.
  2. It prohibited the unauthorized rental or lease of computer software programs.
  3. It codified fair use into the statutes.
50.

The Digital Millennium Copyright Act of 1998 made it a crime to circumvent digital rights management (DRM) measures that control access to digital music and ebooks as a means of preventing piracy. So why are so many listeners, readers, and book and music publishers voluntarily abandoning DRM measures?

  1. It prevents people from sharing their digital music and e-books with friends and family, like they can with regular music CDs and printed books.
  2. DRM measures alienate consumers and limit their choices.
  3. The elimination of DRM measures will grow the market for digital books and music much more rapidly.
  4. All of the above.
51.

Why was the Sonny Bono Copyright Term Extension Act of 1998 so controversial?

  1. It put all of Sonny and Cher’s formerly copyrighted music into the public domain.
  2. It reduced the copyright term to that favored by the Founding Fathers—28 years.
  3. It extended copyright an additional 20 years to the life of the author plus 70 years.
52.

On December 16, 2015, the Copyright Royalty Board changed the royalty rates paid by music services like Pandora. What change was made?

  1. The board reduced the rate from 14 cents per 100 songs played to 11 cents.
  2. The board raised the rate to 17 cents per 100 songs played.
  3. The board raised the rate to 20 cents per 100 songs played.
53.

Which of the following alternative channels for licensing copyright never allows users to change, modify, or reuse original content?

  1. Open source software licensing.
  2. Open access publishing.
  3. Creative Commons licenses.
54.

Changes to copyright law in the future are likely to focus on which issues?

  1. Reducing or eliminating DRM.
  2. Adjusting to new advances in digital technology.
  3. Enabling and regulating a secondary market for digital content.
  4. Shortening copyright term.
  5. All of the above.
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