COM 250 exam with questions and answers (100% solved)
- Ideas or concepts
- Facts
- Titles, short phrases, slogans - ✔✔✔-What is not protected by copyright?
(1) Access
- Was the plaintiff's work widely disseminated?
- Did the defendant have a special opportunity to view it?
(2) Substantial Similarity
- Only protectable elements considered
- Less similarity required where access clear - ✔✔✔-How is copyright infringement proven?
• Independent Creation
• Statute of Limitations: 3 years
• Fair Use - ✔✔✔-copyright infringement defenses
a word, name, or symbol used by a company; protect the names and identifying marks of
products and companies; make it easy for consumers to distinguish competitors from each
other; assumed once a business begins using a certain mark to identify its company - ✔✔✔-
trademark
Abrams v US - ✔✔✔-The clear and present danger principle was first used. Even though it was
introduced in Schenck v US, it wasn't actually used until this case
any copying of copyrighted material done for a limited and "transformative" purpose, such as to
comment upon, criticize, or parody a copyrighted work - ✔✔✔-fair use
author is creator of work - ✔✔✔-Who owns the copyright?
, COM 250 exam with questions and answers (100% solved)
Books; plays; comic books; songs; musical compositions; recordings of music; photographs;
quilts; choreography; paintings; drawings; sculptures; jewelry; fabric designs; architect drawings
(but not the buildings created from them); maps (but only the newly created elements, not the
location of things on the map); computer programs; movies; scripts; translations of any of the
above in different language - ✔✔✔-protected creations
breach of contract; key defense: independent creation - ✔✔✔-idea theft
Can defamation be committed against a group? Explain. - ✔✔✔-Defamation against a group is
called group libel. It must be five or more people, but the people still have to be identifiable. It
can't be an extremely broad group such as "all French people."
Chaplinsky v New Hampshire - ✔✔✔-The "fighting words" doctrine was developed with the
two-level categories of worthwhile speech, protected by the First Amendment, and worthless
speech, not protected by the First Amendment
copyright, trademark and patent - ✔✔✔-3 types of IP
creations of the mind, such as inventions; literary and artistic works; designs; and symbols,
names and images used in commerce - ✔✔✔-intellectual property
creator happens to be an employee working within the course and scope of his or her
employment - ✔✔✔-"work for hire"
defamation analysis - ✔✔✔-I. Elements
1. false and defamatory statement
2. publication
3. identification
4. damage
- Ideas or concepts
- Facts
- Titles, short phrases, slogans - ✔✔✔-What is not protected by copyright?
(1) Access
- Was the plaintiff's work widely disseminated?
- Did the defendant have a special opportunity to view it?
(2) Substantial Similarity
- Only protectable elements considered
- Less similarity required where access clear - ✔✔✔-How is copyright infringement proven?
• Independent Creation
• Statute of Limitations: 3 years
• Fair Use - ✔✔✔-copyright infringement defenses
a word, name, or symbol used by a company; protect the names and identifying marks of
products and companies; make it easy for consumers to distinguish competitors from each
other; assumed once a business begins using a certain mark to identify its company - ✔✔✔-
trademark
Abrams v US - ✔✔✔-The clear and present danger principle was first used. Even though it was
introduced in Schenck v US, it wasn't actually used until this case
any copying of copyrighted material done for a limited and "transformative" purpose, such as to
comment upon, criticize, or parody a copyrighted work - ✔✔✔-fair use
author is creator of work - ✔✔✔-Who owns the copyright?
, COM 250 exam with questions and answers (100% solved)
Books; plays; comic books; songs; musical compositions; recordings of music; photographs;
quilts; choreography; paintings; drawings; sculptures; jewelry; fabric designs; architect drawings
(but not the buildings created from them); maps (but only the newly created elements, not the
location of things on the map); computer programs; movies; scripts; translations of any of the
above in different language - ✔✔✔-protected creations
breach of contract; key defense: independent creation - ✔✔✔-idea theft
Can defamation be committed against a group? Explain. - ✔✔✔-Defamation against a group is
called group libel. It must be five or more people, but the people still have to be identifiable. It
can't be an extremely broad group such as "all French people."
Chaplinsky v New Hampshire - ✔✔✔-The "fighting words" doctrine was developed with the
two-level categories of worthwhile speech, protected by the First Amendment, and worthless
speech, not protected by the First Amendment
copyright, trademark and patent - ✔✔✔-3 types of IP
creations of the mind, such as inventions; literary and artistic works; designs; and symbols,
names and images used in commerce - ✔✔✔-intellectual property
creator happens to be an employee working within the course and scope of his or her
employment - ✔✔✔-"work for hire"
defamation analysis - ✔✔✔-I. Elements
1. false and defamatory statement
2. publication
3. identification
4. damage
