1.
Which of the following factors does a court look at to determine whether there's been infringement?
Correct Answer
D. Whether the copy is "substantially similar" to the original work
Explanation
A court looks at whether the copy is "substantially similar" to the original work to determine whether there has been infringement. This means that the court examines if the copy is similar enough to the original work that it could be considered a reproduction or derivative work. This factor is important because even if there is evidence that the alleged copier actually copied the work or made money from it, if the copy is not substantially similar, it may not be considered infringement.
2.
True or False: Each state has its own copyright laws.
Correct Answer
B. False
Explanation
Each state does not have its own copyright laws. Copyright laws are established at the federal level in the United States. The U.S. Copyright Act applies uniformly across all states and provides protection for original works of authorship. Therefore, the statement "Each state has its own copyright laws" is false.
3.
True or False: As long as the operator of a fan web site for a TV show posts a big disclaimer saying that her site has not been approved by the TV show producers and that it is not being operated for commercial gain (meaning, she's not making any money on it), the fan can freely upload to her site any images, scripts, songs or clips from the show that she wants.
Correct Answer
B. False
Explanation
The statement is false because even if the operator of a fan website includes a disclaimer stating that her site is not approved by the TV show producers and is not for commercial gain, it does not grant her the right to freely upload copyrighted materials such as images, scripts, songs, or clips from the show. Copyright laws protect the rights of the creators and owners of such content, and without their permission, it would be considered copyright infringement to upload and distribute their work without authorization.
4.
Which of the following is/are defense(s) to copyright infringement?
Correct Answer
C. Fair Use
Explanation
Fair Use is a defense to copyright infringement because it allows limited use of copyrighted material without permission from the copyright owner. This defense is based on the idea that certain uses, such as criticism, commentary, news reporting, teaching, and research, should be allowed even if they involve copyrighted material. Fair Use considers factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for the copyrighted work. It provides a balance between the rights of the copyright owner and the public's interest in accessing and using copyrighted material.
5.
For a work to be protectible under copyright, it must:
Correct Answer(s)
C. Be original.
D. Be Fixed in a Tangible Form of Expression.
Explanation
In order for a work to be protectible under copyright, it must be original, meaning it must be the result of the author's own creativity and not copied from someone else. Additionally, the work must be fixed in a tangible form of expression, such as being written down or recorded in some way. This means that the work must exist in a physical or digital form that can be perceived, reproduced, or communicated. The other options, including being of professional quality and including a copyright notice, are not requirements for copyright protection.
6.
The Term of copyright for a work posted on a web site:
Correct Answer(s)
A. Lasts for the life of the author plus 70 years.
D. Is the same as the Term would be if the work was originally Published in print or any other Medium.
Explanation
The correct answer is that the term of copyright for a work posted on a web site lasts for the life of the author plus 70 years. This means that the work is protected by copyright for the duration of the author's life and an additional 70 years after their death. This is the same term that would apply if the work was originally published in print or any other medium.
7.
True or False: You just saw the coolest video clip on the internet. You want to download it and cut it into your own video that you have been working on. You will not use the entire video clip, so it should not be a problem to use the music.
Correct Answer
B. False
Explanation
It is not true that it would not be a problem to use the music from the video clip without permission. Using music from a video clip without obtaining the necessary rights or licenses can infringe on copyright laws. It is important to respect the intellectual property rights of others and seek proper authorization before using any copyrighted material.
8.
You wrote something and you want to send it to a writing contest. How would you copyright it?
Correct Answer
D. It already is protected by the copyright law once you have written it down.
Explanation
Once you have written your work down, it is automatically protected by copyright law. You do not need to take any additional steps or register it with any office for it to be protected. The act of creating the work is enough to establish copyright protection. The other options mentioned, such as adding a copyright notice or registering with the U.S. Copyright Office, may provide additional benefits or legal advantages, but they are not necessary for the work to be protected.
9.
True or False: If a Copyright Owner knows that someone is Infringing his copyright, he must take legal action against the infringer or risk losing his copyright.
Correct Answer
B. False
Explanation
False. While a copyright owner has the right to take legal action against an infringer, it is not a requirement for them to do so in order to maintain their copyright. The copyright owner can choose whether or not to pursue legal action, and their decision to not take legal action does not automatically result in the loss of their copyright.
10.
Factors in determining whether a use of a copyrighted work is a Fair Use include:
Correct Answer(s)
A. Effect on the commercial market for the work used.
D. All of the above
Explanation
The factors in determining whether a use of a copyrighted work is a Fair Use include the effect on the commercial market for the work used, the purpose of the use, and the amount of the work used. These factors are all important in assessing whether the use of the copyrighted work is fair or not. The effect on the commercial market is particularly significant, as it examines whether the use of the work could potentially harm the market value or potential sales of the original work. Considering all of these factors helps to determine whether the use falls within the bounds of Fair Use or not.
11.
Which of the following items can be copyrighted?
Correct Answer(s)
A. Postings in a chatroom
B. A banner ad
D. An original poem posted on an online message board
E. Computer software
Explanation
Postings in a chatroom, a banner ad, an original poem posted on an online message board, and computer software can all be copyrighted. Copyright protection extends to original works of authorship fixed in any tangible medium of expression, including digital formats. Therefore, any creative content such as written posts, advertisements, poems, and software code can be protected by copyright law.
12.
Rights of copyright include:
Correct Answer(s)
A. The right to distribute copies of one's work.
C. The right to display one's work.
E. The right to reproduce one's work.
Explanation
The rights of copyright include the ability to distribute copies of one's work, display one's work, and reproduce one's work. These rights allow the creator to control how their work is used and ensure that they have the exclusive ability to distribute, display, and reproduce their work. This helps protect their intellectual property and allows them to profit from their creations.
13.
True or False: Expression of facts can be copyrighted.
Correct Answer
A. True
Explanation
Expression of facts can be copyrighted because copyright protection extends to original works of authorship fixed in any tangible medium of expression, including facts expressed in a creative manner. While facts themselves cannot be copyrighted, the specific way in which they are expressed, such as through writing, artwork, or other forms of creative expression, can be protected by copyright law. This allows authors to have exclusive rights to their creative expression of factual information, preventing others from copying or reproducing it without permission.
14.
A kindergarten child's finger painting cannot be copyrighted because:
Correct Answer
B. It is not true; a kindergarten child's finger painting can be copyrighted.
Explanation
Copyright law does not make any distinction based on the age or skill level of the creator. Therefore, even a kindergarten child's finger painting can be copyrighted if it meets the criteria for copyright protection, such as being an original work of authorship fixed in a tangible medium of expression.
15.
True or False: You just read a great story from A Collection of Short Stories of 2000 and you think it would make a great play. You may be able to write a play based on the story to be performed at your local community teen theater, but first you would need to get Permission to use the story from the Copyright Owner.
Correct Answer
A. True
Explanation
To adapt a story into a play and perform it publicly, you would need to obtain permission from the copyright owner. This is because the copyright owner holds exclusive rights to reproduce, distribute, and publicly display the work. Without permission, using the story without authorization would be a violation of copyright law. Therefore, the statement "True" correctly acknowledges the need to obtain permission from the copyright owner before writing a play based on the story.
16.
If you paint a mural on a classroom wall as an assignment for your art class, who owns the copyright?
Correct Answer
B. You do because you are the "author" of the work.
Explanation
The correct answer is "You do because you are the 'author' of the work." In general, the author of a creative work is the one who holds the copyright. Even though the art teacher assigned the project, the ownership of the mural would still belong to the student who created it. The teacher may have some rights to display and use the artwork within the context of the classroom, but the copyright itself would belong to the student.
17.
True or False: If you buy the latest book by J.K. Rowling and knew that three of your friends would love it, you could make three copies of the book and sell them each a copy for less than you paid.
Correct Answer
B. False
Explanation
Making copies of a book without the author's permission and selling them is a violation of copyright laws. It is illegal to reproduce and distribute copyrighted material without proper authorization. Therefore, it is not possible to make copies of the book and sell them for less than what was paid for it.
18.
True or False: A work first published in the United States in 1922 is now in the Public Domain.
Correct Answer
A. True
Explanation
A work first published in the United States in 1922 is now in the public domain because according to the current copyright laws, works published before 1923 are no longer protected by copyright and are free for public use. Therefore, any work published in the United States in 1922 or earlier can be freely accessed, used, and distributed without permission or payment to the original creator or their heirs.
19.
True or False: If you own a painting, you also own the copyright to the painting and can sell pictures of it.
Correct Answer
B. False
Explanation
False. Owning a painting does not automatically grant the copyright to the owner. The artist or creator of the painting usually holds the copyright unless they have transferred it to someone else. Therefore, the owner of the painting may not have the right to sell pictures of it without the permission of the copyright holder.
20.
Fair Use is which of the following?
Correct Answer
D. A defense against copyright Infringement
Explanation
Fair Use is a defense against copyright infringement. It allows for the limited use of copyrighted material without permission from the copyright owner, such as for purposes of criticism, comment, news reporting, teaching, scholarship, or research. Fair Use is a legal doctrine that balances the rights of copyright owners with the rights of the public to use and access copyrighted works for certain purposes. It is important to note that the determination of whether a particular use qualifies as fair use depends on several factors, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the copyrighted work.