Question 1

A copyright is valid for 28 years after it is obtained and can be renewed for another 28 years.

Accepted Answer

The duration of a copyright has been extended over time, and currently it generally lasts for the life of the author plus 70 years, or for 95 years if the work was made for hire or published before 1978. There is no longer a renewal process.

Question 2

Janice wrote a song called "Feelings of Love." She wrote the piano score and lyrics for a class she was taking at college and turned it into her professor.

Accepted Answer

Janice's song was automatically copyrighted when she wrote it down on paper, as copyright protection is granted upon fixation in a tangible medium. However, to enforce her copyright in court, she would need to register it with the Copyright Office.

Question 3

If a trademarked name acquires a generic meaning,the owner of the trademark loses protection.

Accepted Answer

This is known as trademark dilution and can happen if a brand name becomes so commonly used that it is used to describe an entire category of products or services rather than just one brand. In such cases, the owner of the trademark loses their exclusive right to use the name and protect it from infringement.

Question 4

The Metro-Goldwyn-Mayer Studios Inc.v.Grokster,Ltd.is about:

Accepted Answer

The case is about the violation of copyright law on the Internet, specifically the liability of peer-to-peer file-sharing services, such as Grokster, for copyright infringement committed by their users. The MGM Studios sued Grokster, and the case eventually reached the United States Supreme Court, which held that a company can be held liable for copyright infringement if it promotes the use of its product for infringing activities.

Question 5

A color cannot be trademarked since it cannot be kept from use by other businesses.

Accepted Answer

A color can be trademarked if it acquires distinctiveness as a source identifier for the goods or services of one business, distinguishing them from those of others.

Question 6

Which of the following is correct?

Accepted Answer

Trademarks can be renewed indefinitely as long as the mark is still in use. Copyrights and patents cannot be renewed once they expire, but copyright can be extended in certain circumstances.

Question 7

The Supreme Court has held that parody of copyrighted material is a per se violation of copyright law.

Accepted Answer

Parody is considered a fair use exception to copyright law, as long as it meets certain criteria such as being transformative and not usurping the original work's market value. The Supreme Court has recognized this in multiple cases, including Campbell v. Acuff-Rose Music, Inc. (1994) and Cariou v. Prince (2013).

Question 8

Under the "fair use doctrine," instructors may never be held liable for copyright violations.

Accepted Answer

The fair use doctrine provides guidelines for the use of copyrighted materials without obtaining permission from the copyright holder. However, whether a particular use is considered fair use depends on the specific circumstances of each case, and there is no guarantee that an instructor will not be held liable for copyright violations. It is important for instructors to exercise caution and follow best practices when using copyrighted materials in their teaching.

Question 9

The case Pollack v.Skinsmart Dermatology and Aesthetic Center P.C.deals with copyright infringement.

Accepted Answer

The case Pollack v. Skinsmart Dermatology and Aesthetic Center P.C. is not related to copyright infringement; it involves other legal issues.

Question 10

Anderson Corp.owns a very long customer list which it guards because it gives the company a competitive advantage.If Alice willfully misappropriates the list,a court may hold her liable to Anderson for double damages.

Accepted Answer

This statement is true as misappropriation of a trade secret, such as the customer list, can result in liability for double damages under the Uniform Trade Secrets Act.

Question 11

In order for a copyright holder to collect money damages from a person who used copyrighted material,it must be proven that:

Accepted Answer

The answer of In order for a copyright holder to...

Question 12

Five years after a mark is registered,the mark becomes virtually incontestable because most challenges are barred.

Accepted Answer

This is true under the Lanham Act, which states that after five years of continuous use, a registered mark becomes incontestable, meaning that most challenges to the validity of the mark are barred. However, there are some limited grounds on which a mark can still be challenged even after it has become incontestable.

Question 13

Martina developed a new type of apple tree which could be reproduced through grafting.She cannot protect her rights in this tree by obtaining a plant patent since the tree cannot be reproduced by planting its seeds.

Accepted Answer

Plant patents can protect new and distinct varieties of plants, including those reproduced asexually through methods such as grafting, not just those reproduced from seeds.

Question 14

Provisional patents are good for one year.

Accepted Answer

Provisional patents are good for one year from the date they are filed, after which they expire and cannot be renewed.

Question 15

A design patent protects the appearance of an item and is valid for 14 years.

Accepted Answer

A design patent does indeed protect the appearance of an item and is valid for 14 years.

Question 16

A patent is available for an idea as well as a tangible application.

Accepted Answer

A patent is only available for the tangible application or embodiment of an idea, not for the idea itself. Ideas must be concretely realized in some form of invention or process to be patentable.

Question 17

The requirements for a patent include all EXCEPT:

Accepted Answer

While commercial value is certainly desirable for a patent, it is not a strict requirement. The other three options (novelty, nonobviousness, and usefulness) are all necessary for a patent to be granted.

Question 18

Unlike with patents,the ideas underlying copyrighted material need not be novel.

Accepted Answer

Copyright protects original works of authorship, regardless of whether the ideas behind them are new or not.

Question 19

In hopes of speeding up the approval process and making it more accurate,the Patent and Trademark Office has begun a pilot program which allows anyone to participate in the patent approval process.

Accepted Answer

The statement is true. The Patent and Trademark Office has indeed started a pilot program that allows anyone to participate in the patent approval process with the aim of making it more accurate and faster.

Question 20

Christy and Sylvester trade movies by downloading each other's movies.If the copyrighted material has a retail value greater than $1,000,Christy and Sylvester are subject to criminal penalties under the No Electronic Theft Act,even if they had no profit motive in reproducing the movies.

Accepted Answer

The No Electronic Theft Act states that reproducing copyrighted material with a retail value greater than $1,000, regardless of profit motive, is a criminal offense. Therefore, Christy and Sylvester would be subject to criminal penalties if they traded movies with a retail value greater than $1,000.

Quiz 34: Intellectual Property