MMC 4200 EXAM 3 QUESTIONS
COMPLETE WITH CORRECT ANSWERS
\.who came up with the concept of copyright laws? - ANSWERS✔-British
\.True or False: Copyright is protected in the U.S. Contitution - ANSWERS✔-True
\.statute for copyright law - ANSWERS✔-Copyright Act of 1976
\.what causes the copyright act to be revised? - ANSWERS✔-new technology
\.what is copyrightable? - ANSWERS✔-original works fixed in a tangible form
\.if there is only one way to state something it is not copyrightable - ANSWERS✔-
general rule for copyright
\.length of copyright - ANSWERS✔-life plus 70 years
\.three elements of notice of copyright - ANSWERS✔-the letter c in a circle,
"copyright", "copr"
\.where to register for copyright - ANSWERS✔-U.S. Copyright Office in D.C.
,\.copyright burden of proof for plaintiff - ANSWERS✔-prove ownership of the
original and the defendant violated exclusive rights
\.plaintiff argument that the defendant has access to material and that the idea
and manner of expression is substantially similar to the original - ANSWERS✔-
Access
\.what makes a work original? - ANSWERS✔-created independently, NOT required
to be unique, novel or good, protection for the "bad" obscene or fraudulent
\.No protection for "facts of a phone book. Copyright law protects expression not
the hard work in arranging info., Regional telephone directory found not in
violation of copyright. No originality in an alphabetized list. - ANSWERS✔-Fiest
Publications, Inc. v. Rural Telephone Service Co.
\.copying, derivative works, distribution, display, performance - ANSWERS✔-
Authors rights
\.exceptions to author's rights under copyright - ANSWERS✔-sound recordings
and software
\.specially ordered or commissioned for a collective work - ANSWERS✔-work for
hire
\.major defense to a copyright infringement claim - ANSWERS✔-fair use
, \.four factors in determining fair use - ANSWERS✔-purpose and character of use,
nature of copyrighted work, amount and substantiality of the portion used, effect
on potential market
\.allows people to copy limited portions of copyrighted expression for the purpose
of comment and criticism - ANSWERS✔-fair use
\.T or F: fair use comes from common law - ANSWERS✔-true
\.most important factor in determining fair use - ANSWERS✔-effect on the market
\.news and comment, parody, teaching and non-commercial research, personal
entertainment, advertising - ANSWERS✔-purpose and character of the use
\.some works receive less copyright protection (databases, lists, news stories)
while others (novels, plays, art) receive more - ANSWERS✔-nature of the
copyrighted work
\.the greater the amount copied the weaker the fair use defense. Not ok to use an
entire work or the most interesting and moving parts - ANSWERS✔-amount and
substantiality of the portion used
\.can't change the original work's value in the marketplace - ANSWERS✔-effect on
potential market
COMPLETE WITH CORRECT ANSWERS
\.who came up with the concept of copyright laws? - ANSWERS✔-British
\.True or False: Copyright is protected in the U.S. Contitution - ANSWERS✔-True
\.statute for copyright law - ANSWERS✔-Copyright Act of 1976
\.what causes the copyright act to be revised? - ANSWERS✔-new technology
\.what is copyrightable? - ANSWERS✔-original works fixed in a tangible form
\.if there is only one way to state something it is not copyrightable - ANSWERS✔-
general rule for copyright
\.length of copyright - ANSWERS✔-life plus 70 years
\.three elements of notice of copyright - ANSWERS✔-the letter c in a circle,
"copyright", "copr"
\.where to register for copyright - ANSWERS✔-U.S. Copyright Office in D.C.
,\.copyright burden of proof for plaintiff - ANSWERS✔-prove ownership of the
original and the defendant violated exclusive rights
\.plaintiff argument that the defendant has access to material and that the idea
and manner of expression is substantially similar to the original - ANSWERS✔-
Access
\.what makes a work original? - ANSWERS✔-created independently, NOT required
to be unique, novel or good, protection for the "bad" obscene or fraudulent
\.No protection for "facts of a phone book. Copyright law protects expression not
the hard work in arranging info., Regional telephone directory found not in
violation of copyright. No originality in an alphabetized list. - ANSWERS✔-Fiest
Publications, Inc. v. Rural Telephone Service Co.
\.copying, derivative works, distribution, display, performance - ANSWERS✔-
Authors rights
\.exceptions to author's rights under copyright - ANSWERS✔-sound recordings
and software
\.specially ordered or commissioned for a collective work - ANSWERS✔-work for
hire
\.major defense to a copyright infringement claim - ANSWERS✔-fair use
, \.four factors in determining fair use - ANSWERS✔-purpose and character of use,
nature of copyrighted work, amount and substantiality of the portion used, effect
on potential market
\.allows people to copy limited portions of copyrighted expression for the purpose
of comment and criticism - ANSWERS✔-fair use
\.T or F: fair use comes from common law - ANSWERS✔-true
\.most important factor in determining fair use - ANSWERS✔-effect on the market
\.news and comment, parody, teaching and non-commercial research, personal
entertainment, advertising - ANSWERS✔-purpose and character of the use
\.some works receive less copyright protection (databases, lists, news stories)
while others (novels, plays, art) receive more - ANSWERS✔-nature of the
copyrighted work
\.the greater the amount copied the weaker the fair use defense. Not ok to use an
entire work or the most interesting and moving parts - ANSWERS✔-amount and
substantiality of the portion used
\.can't change the original work's value in the marketplace - ANSWERS✔-effect on
potential market
